feeling frustrated

[hockeygal 0]

I'm ready to do start the steps and deal with the frustration, but my guy isn't as patient. He keeps asking why we can't get married first and then apply and why I'd have to leave. Then he wonders why I can't go there as a Canadian visiting for a few months and we apply for the K1 while I am there and I could just head back when I need to. I told him this wasn't feasible because we aren't allowed to do that in this process, but then I read this in the guides:

3.15)Can I, while my fiancee will apply for a I-129F package, be with her in the US ? So we can stay together while the application is being processed or do I have to go to back home again ?

A..As long as you do not go beyond your visa expiration date and leave in plenty of time to do your part of the application then it should be ok. Many couples file the I-129F while the fiance(e) is in the US. However, the visa application itself is accomplished in the fiance(e)s home country, so the fiance(e) must return home to complete the visa application process and the interview at the US Consulate. So the bottom line is that you should follow all USCIS rules if you are here int he US and if your visa requires you to return home on a certain date that you do so on time.

My interpretation of this is that I could go hang out in the US for a while and come back for the interview.. but that doesn't jive with anything else I've read on these forums. Also, what in the world would I put down as an address in Canada if I am not there? It seems a bit shady to me.

He also thinks we should file from his intended address, even if he isn't there yet. That seems frought with potential RFE's to me!

I think the frustration is compounded by the fact that he's in limbo about where and if he's moving for work right now, and it would mean different service centers. It is just one delay after another. We've already been long distance for 4 years, and now that we are about to fix it once and for all, I don't want to jeopardize anything and end up banned!

I don't know that anyone has a solution for me. I am just venting! I want this to start already, but I can't see how to do it just yet.

Edited February 18, 2006 by hockeygal

[aussiewench 9]

Are you in the US now? If you were to marry and do AOS did you have intent to immigrate when you entered the US? Dependent on your answers is how one would determine IF it was an option. And if not to explain to your fiance the pitfalls of being denied based on intent to immigrate.

3.15) that you cited is correct.

If he is unsure of his work plans then file at the service center covering the address he is at now. If and when he moves he would do a change of address. Depending on where the petition is at in processing, I have read in the old forum I think, where petitions where transferred to the relevant service center covering new address.

I understand your frustration. It seemed to take us forever to get this process started. Almost 4 months after finding VJ and it seemed like 4 years.

Hang in there.

Lorelle

Edited February 18, 2006 by aussiewench

[stinger157 0]

I'm ready to do start the steps and deal with the frustration, but my guy isn't as patient. He keeps asking why we can't get married first and then apply and why I'd have to leave. Then he wonders why I can't go there as a Canadian visiting for a few months and we apply for the K1 while I am there and I could just head back when I need to. I told him this wasn't feasible because we aren't allowed to do that in this process, but then I read this in the guides:

3.15)Can I, while my fiancee will apply for a I-129F package, be with her in the US ? So we can stay together while the application is being processed or do I have to go to back home again ?

A..As long as you do not go beyond your visa expiration date and leave in plenty of time to do your part of the application then it should be ok. Many couples file the I-129F while the fiance(e) is in the US. However, the visa application itself is accomplished in the fiance(e)s home country, so the fiance(e) must return home to complete the visa application process and the interview at the US Consulate. So the bottom line is that you should follow all USCIS rules if you are here int he US and if your visa requires you to return home on a certain date that you do so on time.

My interpretation of this is that I could go hang out in the US for a while and come back for the interview.. but that doesn't jive with anything else I've read on these forums. Also, what in the world would I put down as an address in Canada if I am not there? It seems a bit shady to me.

He also thinks we should file from his intended address, even if he isn't there yet. That seems frought with potential RFE's to me!

I think the frustration is compounded by the fact that he's in limbo about where and if he's moving for work right now, and it would mean different service centers. It is just one delay after another. We've already been long distance for 4 years, and now that we are about to fix it once and for all, I don't want to jeopardize anything and end up banned!

I don't know that anyone has a solution for me. I am just venting! I want this to start already, but I can't see how to do it just yet.

Well, you read what USCIS is writing. As long as you don't violate immigration laws you can enter. You should make sure that your address is an address where you

a) live at the moment and where you have someone who checks the mail

B) have relatives who can call you when mail arrives

c) at a friends house ....

You should show them at the POE that you have ties to your home country and that you won't stay illegal. If you can prove that and if you follow the laws the way you are written you should be fine.

[evilcanuck 0]

it really doesnt take all that long...it does seem overwhelming when you strt to do all the paperwork nd it seems like its going to take forever.

now here is the thing...canadians can cross legally into the usa without a visa but there are limits on how long you are going to stay...you can stay up to 6 months, if you prove ou can support yourself etc, like the 'nowbirds' who go to florida every year. or you can just do what we did and visit a LOT

I came here every weekend for 2 years, this was all part of the dating process, when it was time to file the fiance visa petition it really wasnt all that bad.

I would suggest to you to fie the I-129 right away, then start getting all the stuff ready for your consular interview. We filed in july and had the package in September...however my sister whom I was living with 'forgot' to give me my mail until the end of October (yes she is evil). If I would have had all my paperwork together I could have sent the checklist off to the consulate immediately, but I sort of had some problems geting things so it took some time, when I did send bck the checklist it ws only a matter of month or so before I had the appointment. I believe I sent the checklist back in July and the appointment ws October 11, my visa was in within a week and I w good to go.

You could probably have it all done and be living here within 6 months...

The documantation for the consulate interview is probably the most time consuming, the RCMP fingerprint time is estimated 150 days...which translates into 5 months, I had mine back in 3, but I didnt realize until I went that it would tke so long so that put a hold on things as well.

I am not sure if there is a list of what you need for the consualte interview on here, but if you like I can send it to you so you can get started.

I have no suggestions about the address thing....and as far as 'hanging out' in the usa...its really risky, I mean, its easy to cross over and say you are going for the weekend yet not go back for a month, there are so many people crossing over daily you wouldnt likely get caught, and you could use a family members address n Canada to maintain residency and keep the lie going...but yes, its shady, and risky....you have gone 4 years, whats another 6 months!

how far are u apart?

[hockeygal 0]

Are you in the US now? If you were to marry and do AOS did you have intent to immigrate when you entered the US?

I'm not in the US now, we were just wondering if I could go there while we start the K-1 process. I refuse to do anything illegal, even if I am tired of this long distance stuff. It is ME who will end up banned if things go up in smoke, afterall.

You should show them at the POE that you have ties to your home country and that you won't stay illegal. If you can prove that and if you follow the laws the way you are written you should be fine.

I'd still have my job... I'd take a leave of absence.

Thanks guys. I feel better having vented and got a little feedback to think about!

The documantation for the consulate interview is probably the most time consuming, the RCMP fingerprint time is estimated 150 days...which translates into 5 months, I had mine back in 3, but I didnt realize until I went that it would tke so long so that put a hold on things as well.

I am not sure if there is a list of what you need for the consualte interview on here, but if you like I can send it to you so you can get started.

wow. I didn't realize the consular part of it took that long... do you think the check and fingerprinting is somethign I could get started in advance? Like now?

you have gone 4 years, whats another 6 months!

how far are u apart?

I know! I am willing... but when he decides he wants something, it has to happen asap. I haven't said 6 months to him either... I said maybe 3 months...

LA/Vancouver. gah.

Edited February 18, 2006 by hockeygal

[aussiewench 9]

Are you in the US now? If you were to marry and do AOS did you have intent to immigrate when you entered the US?

I'm not in the US now, we were just wondering if I could go there while we start the K-1 process. I refuse to do anything illegal, even if I am tired of this long distance stuff. It is ME who will end up banned if things go up in smoke, afterall.

An NO you shouldnt, hence why I asked the question as you had mentioned your fiance wanting to marry and have you just stay.

[evilcanuck 0]

The documantation for the consulate interview is probably the most time consuming, the RCMP fingerprint time is estimated 150 days...which translates into 5 months, I had mine back in 3, but I didnt realize until I went that it would tke so long so that put a hold on things as well.

I am not sure if there is a list of what you need for the consualte interview on here, but if you like I can send it to you so you can get started.

wow. I didn't realize the consular part of it took that long... do you think the check and fingerprinting is somethign I could get started in advance? Like now?

Ya thats what I am saying...start now. Get your passport, get your RCMP fingerprints, police checks, etc etc, so that when you get your package from the consulate you have everything ready and boom you cna send it in to them then just ait for your appointment in Montreal.

[Marilyn. 340]

RCMP fingerprints are not necessary unless they are specifically asked for, if you have had problems with the law in the past then you might want to look into getting the fingerprints but otherwise I wouldn't bother... this is just my opinion

You will need a "CAnada Wide name check" (that is what it is called and what you should ask for) that you can get from the RCMP, it depends on where you are from how long it would take to get one, I got mine the same day

like someone else mentioned , I think you should apply for the K1 now and then you can go visit your SO but make sure and have plenty of ties to CAnada, they need to know that you have intentions of returning, when crossing be honest but don't tell them anymore then what they ask, you still have a chance of being not allowed to cross but it won't affect your K1,

Edited February 18, 2006 by MarilynP

[evilcanuck 0]

RCMP fingerprints are not necessary unless they are specifically asked for, if you have had problems with the law in the past then you might want to look into getting the fingerprints but otherwise I wouldn't bother... this is just my opinion

http://www.rcmp.ca/crimrec/finger2_e.htm#Application

its only $25 better to be prepared than ready to go and have to wait 5 months, trust me, this was required and I have never been in trouble with the law so I wasnt red-flaged for it, anyone under 16 on my application had to have one, I also got a background check from my local police department, because I had to get one for my job so I had it handy and included it, I believe it was $25 also.

I also (finally after a year of screwing around with te registrar general) had my birth certificate ...then realized that they need the long form, not the cute wallet sized ones they typically issue, so...order that ahead also.

I scanned in the letter I got from the consulate, I will post it.

[Cassie 8]

RCMP fingerprints are not necessary unless they are specifically asked for, if you have had problems with the law in the past then you might want to look into getting the fingerprints but otherwise I wouldn't bother... this is just my opinion

http://www.rcmp.ca/crimrec/finger2_e.htm#Application

its only $25 better to be prepared than ready to go and have to wait 5 months, trust me, this was required and I have never been in trouble with the law so I wasnt red-flaged for it, anyone under 16 on my application had to have one, I also got a background check from my local police department, because I had to get one for my job so I had it handy and included it, I believe it was $25 also.

I also (finally after a year of screwing around with te registrar general) had my birth certificate ...then realized that they need the long form, not the cute wallet sized ones they typically issue, so...order that ahead also.

I scanned in the letter I got from the consulate, I will post it.

I am not sure why you HAD to get the fingerprinting name check, it specifically states in the package 3 letter from the consulate that it isn't necessary unless you have a police record. Normally the "name only" check is sufficient.

[evilcanuck 0]

I am not sure why you HAD to get the fingerprinting name check, it specifically states in the package 3 letter from the consulate that it isn't necessary unless you have a police record. Normally the "name only" check is sufficient.

*shrug* I dunno either, but when I went to the RCMP office and told them what it was for this is what they did, fingerprints and background check. Like I said, it was only $25...better safe than at the consualate without proper information.

page 3 of the letter from the consulate states 'police certificate' doesnt state 'name search' or anything about a name check etc. It was sufficient at the consulare interview, they didnt question any of my documents....

here is the passage from page 3 regarding....

6. POLICE CERTIFICATES: Please obtain police certificates from the police authorities of each locality, with the exception of places in the United States, where you have resided for six months or more since attaining the age of 16. A police certificate must also be obtained from the police authorities of any lace where you have been arrested for any reason, regardless of how long you lived there. Certificates must cover the entire period of residence in the area. A certificate issued by local police authorities must be of recent date, when presented to the consular officer. The term 'police certificate' as used in this paragraph, means a certification by the appropriate police authorities stating what their records show concerning the applicant, including any and all arrests, the reasons therefor, and he disposition of each case of which there is a record (see OF-169 Suppl.)

Edited February 18, 2006 by evilcanuck

[MarieAnastasia 0]

I got my Certificate of Conduct from the Provincial Court and from the RCMP. I asked them about fingerprinting and was told it wasn't necessary. They also told me if I have any problems when I'm at my Interview, to just call collect to our local RCMP office and they will help in any way possible (it always helps to know people ..............I am on the Board for MADD [Mothers Against Drunk Driving]. So hopefully the fingerprints are not necessary! Good luck.......................................{{{{{{{{[HUGS}}}}}}}}}}}