Long Term Visiting and Marriage/Visa Process

[ChazBrown 0]

Firstly, I don't mean to hijack this thread, but it seems to be the closest I've found to the situation I face. After reading this fourm for a few hours, I have myself paranoid enough to feel the need to learn more before jumping in, so to speak.

My fiance and I have been flying back and forth between Canada and the US for a while now and really are not terribly happy with the LD arrangement. However, we are not to be married until next February in the Caribbean. What we were hoping we could do was to have me gain entry as a visitor/tourist for the 6 month stretch from May to October, use the I-129F - Petition for Alien Fiance(e) to get a 90 day visa to return from a quick return to Canada shortly thereafter, and then slip off to the Caribbean to get married at the end of the 90 days. We'd file the I-130 - Petition for Alien Relative as well as the I-465 - Application to Register Permanent Residence or Adjust Status and I-765 - Application for Employment Authorization before leaving and I would be able to return with her as her spouse and finish the process from within the US.

I'm really ignorant to the details here, and the primary concern we have is being forced to be apart or, even worse, me vexing someone and not being allowed to end up there at all.

Am I on the right track in my thinking? Surely there is a way we can be together leading up to the wedding isn't there? I would be greatly appreciative of any and all advice regarding the process...

Many TIA

O

[Wyatt's Torch 45]

Yeah, I don't know if that's going to work, to be honest. There's really no way around the long distance issue. If you're engaged, your best bet is to file for a K-1 visa NOW and go through the motions associated with that. Once you get through it, you can get a legal marriage for immigration purposes, then still have a wedding ceremony in the Caribbean later.

Pretty much ALL of us have had to endure long distant relationships. One of the only ways around that is for her to enter the United States for a visit, then decide to marry on a whim, provided there was NO intention on her part when she first crossed the border. And the fact that I've mentioned this to you now makes the reality of that a bit tricky...

As mentioned earlier in this thread, a Canadian can technically stay in the U.S. for 180 consecutive days...but it's up to the discretion of the border guard at point of entry. If he/she thinks that your fiancee has plans to put down roots in the U.S., there's a very good chance that she'll be denied entry. In other words, it's a pretty dicey proposition, no matter how you look at it. There's virtually no way to ensure that she can spend any significant time down there until the visa process is over, provided she is honest with the border guard -- which is HIGHLY advisable!

None of us here have enjoyed the long distance aspect of our relationships, and yet almost all of us HAVE endured it...and I firmly believe that it tests the strength of one's relationship too. If you can jump through all of the immigration hoops while being apart most of the time and still maintain the bond of love that got you together in the first place, then you know you can get through pretty much ANY kind of hardship.

But yes -- start your process a.s.a.p. Get your K-1 filed and try to arrange to see your fiancee every four or five weeks. It's a long process, but there really aren't any shortcuts, and like I said, almost all of us here have gone through it and survived!

Good luck, and don't hesitate to ask questions or just vent. DO stick around though. VJ is such an excellent resource.

Firstly, I don't mean to hijack this thread, but it seems to be the closest I've found to the situation I face. After reading this fourm for a few hours, I have myself paranoid enough to feel the need to learn more before jumping in, so to speak.

My fiance and I have been flying back and forth between Canada and the US for a while now and really are not terribly happy with the LD arrangement. However, we are not to be married until next February in the Caribbean. What we were hoping we could do was to have me gain entry as a visitor/tourist for the 6 month stretch from May to October, use the I-129F - Petition for Alien Fiance(e) to get a 90 day visa to return from a quick return to Canada shortly thereafter, and then slip off to the Caribbean to get married at the end of the 90 days. We'd file the I-130 - Petition for Alien Relative as well as the I-465 - Application to Register Permanent Residence or Adjust Status and I-765 - Application for Employment Authorization before leaving and I would be able to return with her as her spouse and finish the process from within the US.

I'm really ignorant to the details here, and the primary concern we have is being forced to be apart or, even worse, me vexing someone and not being allowed to end up there at all.

Am I on the right track in my thinking? Surely there is a way we can be together leading up to the wedding isn't there? I would be greatly appreciative of any and all advice regarding the process...

Many TIA

O

[Krikit 1,164]

Adding post made in original thread:

To avoid a full hijack, Chaz I sent you a PM but read the guides here, it explains everything.

[Wyatt's Torch 45]

This, too, is a thread hijack...but Krikit? It is SO good to see you back! Now clear out your inbox!

And you can delete this once you read it.

[SapphireDreams 71]

There are a couple of holes in your plan.

First, if you apply for a K1, you must get married in the United States. You cannot leave the United States after you enter on a K1 Visa until after you file your adjustment of status and get your advanced parole (AP) or your greencard.

If you are dead set on getting married in the Carribean, you are either going to have to time it so that you get married in the US first asap, apply for the CR1 and hope you get approved (takes 10-12 months I believe) before your Carribean wedding.

Or, you can scrap the whole Carribean wedding idea, apply for a K1 visa now, or whenever you are ready, wait the 8-10 months for approval and then get married in the US and then file for your AOS. Once you have your greencard, I would then plan for a ceremonial wedding in the Carribean if you really want that....

As for visiting, a Canadian can visit for up to 6 months, but it's up to the discretion of the border guard to let you in. Proof of residence, a job or ties that will take her back to Canada will need to be shown if asked.

[ChazBrown 0]

Thanks all for the comments. This is the sort of feedback I am looking for.

To clarify, I am the Canadian and she is the USC. I retired a number of years ago to the Caribbean and sold my home and all rental properties and such, basically allowing myself to have absolutely no ties to any geographic region as I planned to just travel and such for a while. Ended up meeting a wonderful woman who was visiting a friend down south. We have endured meeting in Canada, the US and other countries for a while now. The decision to move to the US is due to her owning a business and property there.

I am currently renting an apartment in Canada and working (retirement just didn't take )

My plan was to keep the apartment and get a leave of absence from my job. I also have a daughter here I am very close with, so I would be going back and forth with some regularity. I am thinking I would just explain to the agent at the POE that I was going for an extended visit to finish writing a book which is true, but there is an error of omission there. My SO would drive up, I'll chuck some clothes and a puter in the car and we'll drive across the border. My hope is that if I can show that I have my home (rental agreement) and a job to come back to (leave of absence letter), that the agent would let me go. If they don't, I'll do shorter stays with airline exit ticket in hand maybe. And we'll probably bump up the legal wedding and do the

I-130, Petition for Alien Relative

I-465 - Application to Register Permanent Residence or Adjust Status

I-765 - Application for Employment Authorization

dance. As I understand it, I can enter the US with her as my wife, so long as we have started the petition process and live with her while we wait. Is that accurate? Getting married earlier is not really an issue if it would simplify the process I'm sure. We were just trying to put it off until the winter as that is the time of year we are both available to travel for lengthier periods...

Again, ANY advice is golden to us. I really, really want to do this by the book to avoid adding some sordid tale of woe to the list that I am certain is long and wide with people who learned the hard way

regards

O

[ChazBrown 0]

Just to be certain, is a K1 visa what you get by filing an I-129F? It sound to be in the context it is used above. I was thinking K1 was a status and the other a form. I'm trying to get the acronyms and form numbers straight. Quite an interesting memory game I must say

TIA

O

[Wyatt's Torch 45]

Well, you DO have some options. I suppose the first thing you'll have to do is decide which one suits you best! I think your best bet for right now would be to give a thorough reading of the Guides. There are two distinct possibilities there, and both have their benefits and their detriments.

Where in the U.S. is your wife living? How about you?

[ChazBrown 0]

Thanks WT

I kept hearing about the guides but haven;t happened upon them. Looks to be the ticket.

Presently, I reside on the east coast of Canada in Halifax, NS and my SO lives in Cape Cod.

I'll review to guides to see if they can fill in any gaps. I do believe that I will soon be crossing theborder and preparing to be turned away while hoping against hope that I am not

O

Well, you DO have some options. I suppose the first thing you'll have to do is decide which one suits you best! I think your best bet for right now would be to give a thorough reading of the Guides. There are two distinct possibilities there, and both have their benefits and their detriments.

Where in the U.S. is your wife living? How about you?

[brightskte 18]

At the main top of the screen there's a huge blue bar. Guides is on that bar. It's kind of hard to miss it.

[ChazBrown 0]

This is the detail I keep coming back to:

Home > Green Card > Green Card Through Family > Green Card for an Immediate Relative of a U.S. Citizen

Get a Green Card While Inside the United States

One Step Process

Certain people are eligible to apply for a green card (permanent residence) while inside the United States. An immediate relative relationship allows you to apply on Form I-485, Application to Register Permanent Residence or Adjust Status, to become a permanent resident at the same time your U.S. citizen petitioner files Form I-130, Petition for Alien Relative. For more information on filing for permanent residence in one step, see the “Concurrent Filing” link under “Green Card Processes & Procedures” to the left.

To my mind, this means that if sometime after my 180 day visit and exodus from the US, we get married, I should be able to return to the US to reside with my wife while filing for residency. Am I missing something obvious here. I'm feeling I must be or everyone would do this. What would tyhe circumstances be that would have both parties married in the US when they didn;t start that way? The completely spontaneous non-pre-meditated marriage perhaps?

tia

O

[ChazBrown 0]

Yeah, Kayla*Mathew, that menu bar is pretty huge and obvious once you see it. Unfortunately, it won't be the first or last time today I feel like a moron

Thanks

O

[trailmix 77]

Yeah, Kayla*Mathew, that menu bar is pretty huge and obvious once you see it. Unfortunately, it won't be the first or last time today I feel like a moron

Thanks

O

Sorry you were made to feel that way Chaz, don't worry about it, some of us have been here for a while and these things may not be as obvious to newcomers

To my mind, this means that if sometime after my 180 day visit and exodus from the US, we get married, I should be able to return to the US to reside with my wife while filing for residency. Am I missing something obvious here. I'm feeling I must be or everyone would do this. What would tyhe circumstances be that would have both parties married in the US when they didn;t start that way? The completely spontaneous non-pre-meditated marriage perhaps?

Yes, you are correct, this is for the completely spontaneous non-pre-meditated marriage.

Or for people who are perhaps already living in the U.S. on another visa, that kind of thing.

You basically have only 2 visa choices.

K1 fiancee visa - if you decide to file before getting married.

CR1 visa - if you decide to file after getting married.

Edited March 7, 2010 by trailmix

[Flames9_RN 358]

Dont feel bad! People on here ask the same question over and over and over and over again,lol At the top of each forum, k1, k3, cr-1 , are stickies/guides. Take some time and read them and feel free to ask all the questions you want! Its free,lol

http://www.visajourney.com/forums/index.php?showtopic=300

http://www.visajourney.com/forums/index.ph...mp;page=compare COMPARES the visas + and - points

http://www.visajourney.com/forums/index.ph...amp;page=k1flow

http://www.visajourney.com/forums/index.ph...page=i130guide1

The "compare" link is a good start, gives u down/dirty overview! each visa has its positives and negatives! K3 is pretty much gone the way of the dodo bird as it takes about the same amount of time as the CR-1, but costs more and does not come with work authorization. k1 is normally the fastest but as u can see from that chart it to has negative points!

Most common question: Can i visit the USA while undergoing the visa process?" YES but it is up to the POE officer. Have available ties to Canada to show proof to POE officer that u plan to return! Keep in mind you can have great proof that u will be returning and still be denied entry to the USA. Many of of did visit and had no problems. See my advice below in my signature. I visitited monthly never had a problem,nor had to show any evidence, but my stays were short. The longer ur stay, possibly the more eyebrows may be raised?????

It can be a frustrating process, as nothing is laid out in stone. 2 different couples can file at the same time, yet finish months apart. All the steps to carry out ur application can be found on VJ. If ya look at the top pf the page u see EXAMPLE FORMS--pics of forms already filled out to help ur cause.

And some of us did goto the USA, get married, then headed back to canada and start the paperwork for the CR-1 visa. Nothign wrong with that. Now did I tel the POE officer I was doing that? NO, but he didnt ask me neither,lol Its not wrong to do that, again, may just raise the POE officers eyebrows! Never lie to the POE officers, simple as that! Off for a run, +15C in DC is to great of a day to miss,especially since I'm back at work tonight. Best of luck

[ChazBrown 0]

Next to finding the woman of my dreams, finding this site runs a close second The wealth of info and, more importantly, support and experience, is overwhelmingly fantabulous. We're going to slide down to the Cape May 1 for the summer. If that comes off as expected, we'll decide what to do from there after that. I feel so much better prepared to make such plans and it all the fault of those of you who have been so forthcoming with your advice and pointers!! You're all doing great work here!

Regards

O