Questions

[Angela. 0]

Me and my Canadian boyfriend plan to get Married and live together in the U.S. Will he be able to come and live here during the visa process? He visited here last week and when asked if he was visiting friends or family, he just said family[since he does have family here] and forgot to mention a girlfriend, can this cause a problem in the future for us? How long does it generally take to get everything approved, and after how long until he will be able to start working here? On the form it says "Address in the United States where your fiancé(e) intends to live." We plan to get our own place before he moves here, so of course I don't know the address yet, I currently live with my parents and will until he is able to live here, should I just put my current address, even though he wont be living there?

I am going to Canada in a few months to see him and would like to start filling out the first form and sending it in while we are together, will that be ok sending it from Canada? and a question about the fee, it says "The check or money order must be drawn on a bank or other financial institution located in the United States and must be payable in U.S. currency" Possibly a dumb question, but can you get a money order for u.s dollars in Canada?

Sorry for all the dumb questions, but this whole thing is confusing to me

Thanks!

[Angela. 0]

Another question,for proof it asked for phone bills, but we hardly ever talk on the phone since we can just use webcam and microphone. Will this be a problem?

[Kathryn41 3,205]

Hi Angela,

You will find it useful to start reading here: http://www.visajourn...uides-and-info/ Follow the different links that are included and read the forms that are referred to.

Basically, the K-1 visa is a two step process. You start the first step by filing an I-129f form with the government along with the necessary fee and the required documents (they are listed on the form and in the instructions). You are basically petitioning the government for permission for your fiancee to apply for a K-1 visa. Once the immigration department verifies that you are eligible to petition for a fiancee you will receive an approval form for step one. Step two starts when the information you submitted is sent to Canada (either Montreal if you fiancee lives east of Manitoba or Vancouver if your fiancee lives west of Manitoba). The US Consulate will then send your fiancee a package of forms and requirements that he needs to provide. Included will be a criminal record check and an immigration medical. He needs to do these in Canada. When he has everything he needs, he then notifies the Consulate that he is ready and they will schedule him for an interview at the Consulate. If the interview is successful, he will be given a K-1 visa physically attached in his passport and will be allowed to use it to enter the US during the next 6 months. Once he enters the US you need to get married with 90 days, and then he needs to apply for the next step in the immigration process - for permission to remain in the US as a permanent resident (green card holder).

Now, your boyfriend is not allowed to live in the US without a proper visa, so no, he cannot move to the US before he gets the K-1. If US border authorities suspect him of trying to do this he will be denied entry to the US. He needs to live in Canada and be able to prove that he has strong ties to Canada during this process (a job, a place to live, financial responsibilities that require his presence in Canada, etc.). If he is able to prove these ties, then he will most likely be allowed to visit you during this process. This is not guaranteed as it is up to the border guard on each and every visit whether they will allow your fiance into the US.

Once you are officially engaged your boyfriend should not try to 'hide' that fact when he crosses the border or it could come back to bite him if they decide his is 'misrepresenting' the truth in order to gain an immigration benefit, even if the benefit is just a visit. It is imperative that he always tells the truth at the border but he does not have to volunteer information if they do not ask - unless it is in his best interest to do so (eg. Guard: Purpose of visit? Fiance: I'm going to visit my fiancee for 2 months while I am on summer holidays and will be returning to Canada August 24th, etc.). Volunteering the length of time and the return date in this case will probably be a good thing as it states a definite intent of when he is returning.

The process is taking between 9 months to a year right now with the major part of the delay being waiting for the US Consulate to schedule an interview date - generally 3 or 4 months wait for that alone. You can use your parents' address for now - that is where your mail will go. When your fiance does enter the US on the K-1 visa they will ask him for his address at that time so you have a chance to change it.

Your fiance won't be able to start working in the US until one of 2 things happens - he gets Employment Authorization (EAD) or he gets his green card. Neither of those can happen until after he enters the US and you two marry. Then he must apply for permission to remain in the US (AOS) and at that time can also apply for permission to work. He should plan on it being several months before he will be allowed to work - and possibly longer before he is able to find work.

You can submit the application from Canada since your residential address is the US. You will not be able to draw the money order on a Canadian bank - it does need to be done from a US bank so perhaps your parents can help you out on that, or you can draw up the money order or cheque before you go on your visit to Canada.

One other aspect you need to know about up front. One of the requirements is that you need to prove to the US government that your 'husband' will not become a liability to the US taxpayer. You do this by providing an Affidavit of Support document that proves you make at least 125% of the poverty level for a household your size - in this case, 2 people. Your fiance needs to take this information first to the K-1 interview, and then secondly, you need to make a second Affidavit of Support verifying this information all over again with the application for the Green Card. If you do not make the necessary income yourself, then you are allowed to get a co-sponsor - a friend or family member who does make the income requirements. This agreement is a long term agreement so it isn't something that is entered into lightly, and if the relationship doesn't work out and you divorce, you are still liable for the Affidavit of Support until the requirements are satisfied.

So, yes, it is confusing but the best way to clear the confusion is to start by reading the guides I linked above, and also becoming familiar with the USCIS (Immigration) website at http://www.uscis.gov . You will find all of the forms and the instructions there - it is good to read them over before hand so you see exactly what you will need.

You can also ask questions here as you go through the process, but is important that you too study what is involved. You will be on your own immigration visa journey for many years - it doesn't stop when you get permission to enter the US on a K-1 - that is only the beginning.

Edited June 19, 2010 by Kathryn41

[Angela. 0]

Thank you for replying!

Another question. On the instructions about form I-129F,it says provide evidence of us meeting, so I send all of that with the form? If we send things like boarding passes and stuff can we just make copies or does it have to be the original thing?

[Audy_Rob 26]

Thank you for replying!

Another question. On the instructions about form I-129F,it says provide evidence of us meeting, so I send all of that with the form? If we send things like boarding passes and stuff can we just make copies or does it have to be the original thing?

You send the evidence with the form.

Definitely arrange the evidence neatly and send copies. Such as putting the used airline boarding passes or bus tickets or whatever on a sheet of paper and make a copy. Keep the originals of everything.

Good luck

[jken 2]

My best adivce is to do all the research you can here; theres an abundance of information here...seek and ye shall find!...your answers. Its not that complicated if you follow the guides. good luck - it has to be mailed in the u.s., as you are petitioning him to come there.

Edited June 19, 2010 by jken

[trailmix 77]

My best adivce is to do all the research you can here; theres an abundance of information here...seek and ye shall find!...your answers. Its not that complicated if you follow the guides. good luck - it has to be mailed in the u.s., as you are petitioning him to come there.

Actually it does not matter where you mail your petition from, mailing it in from Canada is just fine.

Also, you can obtain the U.S. Money order in Canada, just go to one of the big banks like TD. You will find that the money order is actually drawn on their U.S. affiliate bank.

Edited June 19, 2010 by trailmix

[Kathryn41 3,205]

Ah - thanks for the clarification about the bank and money order, Trailmix. So, the money order is still drawn on a US bank but it is because the banks now have a US affiliate that they are able to do this. Cool.

Make copies of your evidence and send in the copies. Boarding passes and such are good . Be prepared to bring the originals with you to your interview. You will need to bring the originals of anything you submitted as a copy with you to the interview. They may not look at it, but they have the right to request the original so it is easier to be prepared and not need them rather than not have then if you do.

[Angela. 0]

Thanks again everyone!

Few more questions. When we met two years ago , I kinda lied about my name for some reason, so all of our earlier emails/chats show that name, is that going to be an issue when showing it to them, or will they not really care? I have every chat we have done since we first started talking to each other, but I have them all saved as word documents with the date, I've never saved them with msn chat transcript, could this possibly seem fake to them?

The instructions for the form mention police reports, do I have to send one in or only if I have committed a crime? I have read something about needing to show tax papers in the future, I have never filed taxes before, I will next year, though. I've always been filed with my parents taxes, will this be a big deal?

In September it will be my first time going to Canada, if asked why I am there should I say Fiance/boyfriend, even though we aren't "officially" engaged yet? What are the chances they will want proof that I will leave Canada? I wont have a job until after I return to the U.S, I go to school but it's online classes, and like I said I live with my parents, so my name is not on a lease or anything like that, so I really have no proof that I have a reason to come back to the U.S. Maybe I'm being too paranoid..

[jken 2]

Actually it does not matter where you mail your petition from, mailing it in from Canada is just fine.

Also, you can obtain the U.S. Money order in Canada, just go to one of the big banks like TD. You will find that the money order is actually drawn on their U.S. affiliate bank.

ahh sorry bout that - i was sure i had read somewhere that they had to be mailed within the country the petitioner is from.

[Kathryn41 3,205]

Thanks again everyone!

Few more questions. When we met two years ago , I kinda lied about my name for some reason, so all of our earlier emails/chats show that name, is that going to be an issue when showing it to them, or will they not really care? I have every chat we have done since we first started talking to each other, but I have them all saved as word documents with the date, I've never saved them with msn chat transcript, could this possibly seem fake to them?

If the question arises or if you use any of those earlier emails as evidence just write a statement that when you first met you introduced yourself under another name (I assume it was a type of 'protection' in case things didn't work out and you weren't left too exposed afterwards) so until the relationship developed into something serious, that is the name that is on the email conversations. It may not come up.

The instructions for the form mention police reports, do I have to send one in or only if I have committed a crime?

The beneficiary (non-US fiance) will need to have a Criminal Record check done and bring it with him to the interview. If he has no criminal record a 'name-check' report only is necessary. If he has a criminal record, then he needs to have a fingerprint report done. The US citizen does not have to include a criminal record check unless they answer yes to one of the questions about having past charges of violence or sexual abuse of women or children

I have read something about needing to show tax papers in the future, I have never filed taxes before, I will next year, though. I've always been filed with my parents taxes, will this be a big deal?

One of the requirements for the sponsor is that they need to prove they have income equal to at least 125% of the poverty level for the number of people in their household. Tax papers show first of all the income level and second of all that the US citizen is filing taxes - one of the requirements of citizenship. Your taxes are included in with your parents so it is almost definite that you are going to need a co-sponsor in order for your fiance to come to the US. It could be one of your parents. Basically, you will both complete a sponsorship package known as an Affidavit of Support (I-134) including all of the documents, or a statement about why a document isn't available. Your fiance brings this with him to the interview. This is a short-term Affidavit of Support only because after you are married you have to redo the Affidavit of Support on a different form and submit that when your now husband applies for a green card. The K-1 visa is only really permission for him to enter the US and to get married within 90 days. It is not permission for him to live and stay in the US. He needs to file another form called "Adjustment of Status" to be allowed to live in the US after you are married. Proof of paying taxes for both the sponsor and the co-sponsor will be necessary at this time.

In September it will be my first time going to Canada, if asked why I am there should I say Fiance/boyfriend, even though we aren't "officially" engaged yet? What are the chances they will want proof that I will leave Canada? I wont have a job until after I return to the U.S, I go to school but it's online classes, and like I said I live with my parents, so my name is not on a lease or anything like that, so I really have no proof that I have a reason to come back to the U.S. Maybe I'm being too paranoid..

Always tell the truth at either the US or the Canadian border. Say you are going to visit your boyfriend if he is your boyfriend, but if you are planning on getting married and have discussed this, then he is your fiance and you should say fiance. You don' t need to 'volunteer' a lot of information, although you could volunteer how long you are planning on staying. Don't plan on staying for months and months and months, however . Have a return ticket for how you are going to Canada. Have a letter from your parents stating that you live at home, that they know you are travelling to visit your boyfriend and are expected to return on such and such a date. If you have filed the I-129f petition to start the K-1 process before then, you will receive a receipt called an NOA1. (Notice of Action). You can use that to show you have started the immigration process to bring your fiance to the US instead of planning on living in Canada. If you have proof of the job you are returning to (offer of employment, anything like that) you can also use that to show you need to be back in the US by XXX date. Also, only bring the amount of season appropriate clothing that is appropriate for the length of your stay - don't show up at the border with lots and lots of luggage

Edited June 20, 2010 by Kathryn41

[Angela. 0]

Would the letter from my parents need to be notarized?

The G-325A form asks for my employment history, but I have never had a "real" job. My mom has her own home business, I have worked with her [being paid by cash] so I don't know if it would be considered a real enough job for me to put down, but then I'm worried about putting none. I would be trying to get a job now, but then I wouldn't be able to go visit him in September whenever I wanted, so I am going to wait until I come back, If I'm not able to make enough money for the guideline one of his American family members will co sponsor. With the first packet I know we will send proof we met, but should I also send chats, emails and things like that or is that suppose to be for a later time??

I can't really find any information about this, but will I need to be interviewed? If so, where would it be held at? [i know he will have to go to one in Montreal, and I could go to the place with him ]

Thank you all for your help!

Edited June 20, 2010 by Angela.

[Kathryn41 3,205]

Would the letter from my parents need to be notarized?

No. They can include their address and phone number and suggest that if further information is required that the border authorities are welcome to call them.

The G-325A form asks for my employment history, but I have never had a "real" job. My mom has her own home business, I have worked with her [being paid by cash] so I don't know if it would be considered a real enough job for me to put down, but then I'm worried about putting none. I would be trying to get a job now, but then I wouldn't be able to go visit him in September whenever I wanted, so I am going to wait until I come back, If I'm not able to make enough money for the guideline one of his American family members will co sponsor. With the first packet I know we will send proof we met, but should I also send chats, emails and things like that or is that suppose to be for a later time??

If you are being paid, even if you are working for a family member, put down what you are doing and the wages you are paid. He has US family members in the US who would act as co-sponsors and not your parents? This may be a potential red flag as it could appear that you are assisting his family members in helping him to immigrate to the US. Be prepared for that question and make sure you are able to provide a lot of evidence of the relationship developing on its own separate and distinct from his US family members. This tends to be a bigger problem in other countries than Canada, still there is the possibility that Immigration will want to explore this possible situation.

I can't really find any information about this, but will I need to be interviewed? If so, where would it be held at? [i know he will have to go to one in Montreal, and I could go to the place with him ]

No. You will not need to be interviewed at this stage of the game - only your fiance. You are welcome to join him at his interview in Montreal, but it isn't necessary. After you are married and file to Adjust his Status (get his green card) there is the possibility that you will both be interviewed together at that time to determine the validity of your relationship. It isn't a guarantee, however, as many K-1 applicants receive their green card without an interview as well.

Thank you all for your help!

You're welcome.

[Angela. 0]

I'm not sure if my parents would do it, or even if they make enough. It's an aunt of his, she lives in a different state than I do. I know we have more than enough evidence to prove we are a real relationship so I'm going to try not to get so worried over that part, even though it is kinda hard for me not to get so worried/nervous over this whole thing!