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meridianpac

no simple answer? k-3, cr-1 and UGHHHHARGGGHH!

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Filed: IR-1/CR-1 Visa Country: India
Timeline

I'm not at all certain there's any B2 visa. A Canadian LPR gets the same visitor privileges to the USA (virtually identical to thos of B2 visa holders with six month allowed stays) as a US LPR gets to visit Canada. (My wife and daughter have no problems visiting Canada using Chinese Passports and US Green cards and are even eligible for the Nexus pass. (also works both ways)

Not true. Although US Green Card holders can visit Canada anytime for up to 6 months, the reverse is not true. Especially for those from Asian countries. My wife lives in Canada, but can't come here on her Canadian PR (she has an Indian passport.) So much for reciprocity between the US and Canada :whistle:

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Filed: IR-1/CR-1 Visa Country: India
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Both heather and her son have Canadian passports.

Then they should be able to visit you in the US without any visa, as long as you are not married. If you get married on Monday, then she will NOT be able to come into the US without a spousal visa (i.e. wait for 4-5 months).

Not sure what your situation is, but here's what I'd suggest:

1. Let her complete her trip to the Philippines first.

2. Both she and her son visit you in the US.

3. You get married after a few months, and then file for AOS. They will not be able to travel outside the US during that time.

#3 is a bit of a risk as others indicate. If you can establish that you decided to get married after she entered the US, i.e. it wasn't the intention all along, then you'd be fine. But the risk is being able to convince the USCIS successfully that the wedding was a spur of the moment thing, not pre-meditated :devil:

The other option might be for you to stay in Canada for a few months, and do a DCF (direct consular filing), i.e. file for her green card in the local US consulate (Montreal). That is much faster than going through the application process from within the US. So you could get married tomorrow, as planned, apply for her immigration, and she can continue with her trip to the Philippines.

Could someone verify whether the DCF option is suitable for Josh? He will *have* to reside in Canada to do the DCF in Montreal right?

Anyway, best wishes for tomorrow!

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Filed: Other Country: China
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It is a b2 visa that we didn't even expect to get at the border when we entered the us.

B2 visas are not issued at borders. They are applied for, interviewed for and issued at US Consulates.

Facts are cheap...knowing how to use them is precious...
Understanding the big picture is priceless. Anonymous

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A Warning to Green Card Holders About Voting

http://www.visajourney.com/forums/topic/606646-a-warning-to-green-card-holders-about-voting/

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Filed: IR-1/CR-1 Visa Country: China
Timeline

B2 visas are not issued at borders. They are applied for, interviewed for and issued at US Consulates.

and are also given, adhoc, at a Canadian border crossing, from US CBP, if something is wonky.

Sometimes my language usage seems confusing - please feel free to 'read it twice', just in case !
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B2 visas are not issued at borders. They are applied for, interviewed for and issued at US Consulates.

For crossing from Canada into the US, if they stamp your passport (always done if flying, sporadically if driving) they write B2 on it.

Post on Adjudicators's Field Manual re: AOS and Intent: My link
Wedding Date: 06/14/2009
POE at Pearson Airport - for a visit, did not intend to stay - 10/09/2009
Found VisaJourney and created an account - 10/19/2009

I-130 (approved as part of the CR-1 process):
Sent 10/01/2009
NOA1 10/07/2009
NOA2 02/10/2010

AOS:
NOA 05/14/2010
Interview - approved! 07/29/10 need to send in completed I-693 (doctor missed answering a couple of questions) - sent back same day
Green card received 08/20/10

ROC:
Sent 06/01/2012
Approved 02/27/2013

Green card received 05/08/2013

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Valerie - in post 9 you can read why it is fraud. You can also tell by the OP that they cannot do AOS because she has a pending trip to PI to retreive her child

Good luck

Nothing the OP was intending to do was fraudulent, in and of itself. Also, you can travel between the US and Canada with a CR-1 visa pending, just bring good evidence of ties to prove you will be returning to Canada. My point to the OP was, if you do NOT need to travel, put it off and do AOS. If she does need to travel, obviously AOS is not an option.

Post on Adjudicators's Field Manual re: AOS and Intent: My link
Wedding Date: 06/14/2009
POE at Pearson Airport - for a visit, did not intend to stay - 10/09/2009
Found VisaJourney and created an account - 10/19/2009

I-130 (approved as part of the CR-1 process):
Sent 10/01/2009
NOA1 10/07/2009
NOA2 02/10/2010

AOS:
NOA 05/14/2010
Interview - approved! 07/29/10 need to send in completed I-693 (doctor missed answering a couple of questions) - sent back same day
Green card received 08/20/10

ROC:
Sent 06/01/2012
Approved 02/27/2013

Green card received 05/08/2013

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Filed: Citizen (apr) Country: Canada
Timeline

She is leaving the us on the 9th to go back to nova Scotia to prepare for her trip to the Philippines, then she will travel back to nova Scotia for a couple weeks, and attempt to re-enter the us with her son to live with me.

Since she cannot enter the US and 'live' with the OP without the appropriate visa - sounds like it isn't exactly kosher to me

Just my opinion Valerie

USCIS
August 12, 2008 - petition sent
August 16, 2008 - NOA-1
February 10, 2009 - NOA-2
178 DAYS FROM NOA-1


NVC
February 13, 2009 - NVC case number assigned
March 12, 2009 - Case Complete
25 DAY TRIP THROUGH NVC


Medical
May 4, 2009


Interview
May, 26, 2009


POE - June 20, 2009 Toronto - Atlanta, GA

Removal of Conditions
Filed - April 14, 2011
Biometrics - June 2, 2011 (early)
Approval - November 9, 2011
209 DAY TRIP TO REMOVE CONDITIONS

Citizenship

April 29, 2013 - NOA1 for petition received

September 10, 2013 Interview - decision could not be made.

April 15, 2014 APPROVED. Wait for oath ceremony

Waited...

September 29, 2015 - sent letter to senator.

October 16, 2015 - US Citizen

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Filed: Other Country: China
Timeline

and are also given, adhoc, at a Canadian border crossing, from US CBP, if something is wonky.

The Canadian visitor privilege is virtually identical to a B2 with six month maximum stay but an actual B2 "visa" has a photo and is glued to a page in the passport, not just a code on an I-94.

Facts are cheap...knowing how to use them is precious...
Understanding the big picture is priceless. Anonymous

Google Who is Pushbrk?

A Warning to Green Card Holders About Voting

http://www.visajourney.com/forums/topic/606646-a-warning-to-green-card-holders-about-voting/

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