6 Months til we get married-K1?

[usmcwife 3]

Hi Moyo,

It sounds to me that you might need to file the I 130. If you file a K1, it might not be finished in time for the wedding. Also, you will not be able to work in the US until after you file for AOS and EAD. I just filed and it's already been a month with no word on either of those. Every case seems to be different though with some taking a few weeks and some taking a few months. You will have to wait to file the I 130 until after the wedding. If you do file the K1 and it isn't finished by the time you plan to get married, I believe you can go and get married, as long as they let you across the border. However, it will render the K 1 petition void and you will have to leave the states and file for the I130.

I have heard of people crossing the border successfully after having applied for either option. Although it seems that it is often at the discretion of the US customs agent, how they feel that day and how much documentation you have about your ties to Canada, your job requirements and possibly a letter from your employer stating you are travelling for work and expected to return to Canada.

Do you know if your employer has an immigration lawyer they consult with? A friend of mine had a similar situation and she worked for the film industry. They had a lawyer that handled any cross border questions or problems.

Montreal Takes forever. I don't know about any changes. But our case was finished at the VSC in less than a month and got to montreal in a very short amount of time, I think about 2 months. it then took 5-6 months to get an interview. Check out the Canada forums for current info on montreal times to interview.

[Colleens 40]

I don't think you would get your K1 in time for a March wedding. Another option would be for you to visit one another (either in Canada or the US) ASAP have a small legal ceremony and start the CR-1 process ASAP. I doubt you would have your Visa in time for your Formal Wedding, but the time you would have to live apart after March would be a lot less. Also with a K1 you will have to apply to adjust your status to get your greencard and employment authorization and that can take another 3-6 months. With the CR-1 you will be able to work as soon as you arrive in the US. You would be able to travel back and forth to visit, but like others have said it is up to the CBP agent whether they let you in. Generally as long as you can show strong ties to Canada, (employment, lease/mortgage, bills etc) and have a return date planned (most people show their itinerary) there is usually not an issue. I was laid off from my job 4 months before I had my visa interview, and I went to visit my fiance for that whole time. The CBP did ask me for ties, and since I still owned my home, didn't bring a ton of stuff with me so that it didn't look like I was trying to move, and had all my immigration documents showing that we were doing the process the legal way, I had no issues entering the US at that time.

[kennym 275]

Thanks for the reply.

Our wedding is already planned and so unfortunately that isnt an option for us.

What happens if we file the K1 and have not received it and go through with our wedding? Can we file a Marriage Visa after that?

If you plan for the alternate, just keep in mind when you re-file for the Spousal Visa, you will be effectively re-starting the clock again.. You're almost certain that you're not going to make that date.. You likely can get married in the USA if you enter on a VWP, but you will be required to wait for the Spousal Visa in Canada and not with your Spouse.. You cannot enter the US on a VWP with the intent of Immigrating. That will create serious problems for you and your spouse and possible result in a ban.

Are you sure you want the headaches of complicating your petition simply because you cant plan for the K1 waiting time? I would seriously reconsider your plans or simply plan to do a Spousal Visa instead after you get married..

[Gary and Alla 3,694]

Hello,

My Fiance is American and we plan on living in San Diego (her town).

I am Canadian.

My question is if we are getting married March 18 2011...Do we have enough time to file the K1 and Affidavit of support from my future mother in law before the wedding?

We would like to be living in her town by the time the wedding happens.

I would say "no" but so what? Come to the US, get married on March 18. You can stay in the US for as long as they allow you on a visitor visa, up to 6 months, then just go back for a while and return again. File for a CR-1. In the meantime you will need to keep an official Canadian address, but they don't count how many nights you sleep here and how many there.

FWIW I have lots of Canadian neighbors who work in Quebec and sleep in Vermont. They have no green card and go back and forth all the time. They have a Canadian address also, not sure if they really ever live there...who cares?

It is perfectly legal to come here by any legal entry means, get married and file for a CR-1 visa. You can remain here or come back ad forth during the processing. Canadians need no special visa to come here or get married. In fact, I think the K1 is a poor choice for Canadians, particularly in border areas. Can you imagine if I married a Canadian on a K1 and she could not go to her home in Montreal, 45 minutes drive, for several months while her AOS processed? Imagine if she lived in Nolin, Quebec, 6 miles from my house!

90% 0f the people living within 50 miles of my home are Canadians. A k1 would be kind of silly.

[Moyo 0]

I would say "no" but so what? Come to the US, get married on March 18. You can stay in the US for as long as they allow you on a visitor visa, up to 6 months, then just go back for a while and return again. File for a CR-1. In the meantime you will need to keep an official Canadian address, but they don't count how many nights you sleep here and how many there.

FWIW I have lots of Canadian neighbors who work in Quebec and sleep in Vermont. They have no green card and go back and forth all the time. They have a Canadian address also, not sure if they really ever live there...who cares?

It is perfectly legal to come here by any legal entry means, get married and file for a CR-1 visa. You can remain here or come back ad forth during the processing. Canadians need no special visa to come here or get married. In fact, I think the K1 is a poor choice for Canadians, particularly in border areas. Can you imagine if I married a Canadian on a K1 and she could not go to her home in Montreal, 45 minutes drive, for several months while her AOS processed? Imagine if she lived in Nolin, Quebec, 6 miles from my house!

90% 0f the people living within 50 miles of my home are Canadians. A k1 would be kind of silly.

That sounds like it would be ideal but, when you file a CR-1 they dont allow you to stay in the USA while the visa is being processed either right?

I wonder if you would run into problems while crossing back and forth across the border? Can US Customs even tell when they swipe your passport that you are in the visa application process? Can your visa process get banned?

[JlovesA 109]

This isnt true because montreal is a black hole lately. They even have a DOS team there to fix the issue with a bunch of peoples visas that were told they printed but were never printed.

Gap1's fiance is from the UK, not Canada.

Edited September 22, 2010 by JlovesA

[Inky 1,110]

Gap1's fiance is from the UK, not Canada.

Exactly, thats why i said her comment is not true about leaving CSC black hole and getting the visa faster. Because she doesnt know the issues with montreal and just because you leave CSC it does not mean that it is faster for everyone after that. Consulats are different and montreal has been badly backed up lately. - edit the Original Poster of this question IS from canada. and is having the interview IN montreal.

Edited September 22, 2010 by Inky

[gap1 21]

Hah, yeah. I feel for those in Montreal. I'm so sorry you guys have to wait so long for the interview. That's awful.

[JlovesA 109]

Exactly, thats why i said her comment is not true about leaving CSC black hole and getting the visa faster. Because she doesnt know the issues with montreal and just because you leave CSC it does not mean that it is faster for everyone after that. Consulats are different and montreal has been badly backed up lately. - edit the Original Poster of this question IS from canada. and is having the interview IN montreal.

I think one of us has misunderstood...someone else told gap1 she is out of the black hole after NOA2 because she's in the UK. The discussion had nothing to do with Montreal...at least, that's how I understood the conversation.

Edited September 22, 2010 by JlovesA

[usmcwife 3]

I think one of us has misunderstood...someone else told gap1 she is out of the black hole after NOA2 because she's in the UK. The discussion had nothing to do with Montreal...at least, that's how I understood the conversation.

The original poster of the thread isn't Gap1, it's Moyo who lives in toronto and will be interviewing in montreal. hence the not out of black hole yet.

[gap1 21]

Haha I feel like I'm in an Abbott and Costello routine. To clarify, I never said anything about black holes. I just commented on it. I am also not in the UK, I am in Chicago and my fiance is in the UK.

That said, we're all in one big black hole at the moment, regardless of geography.

[usmcwife 3]

That sounds like it would be ideal but, when you file a CR-1 they dont allow you to stay in the USA while the visa is being processed either right?

I wonder if you would run into problems while crossing back and forth across the border? Can US Customs even tell when they swipe your passport that you are in the visa application process? Can your visa process get banned?

I would take a look in the IR1 CR1 threads to see how lucky other people were on the visiting/ working in the US while waiting for their case to be finished.

Yes, I'm pretty sure customs can tell when they swipe your passport. Depending on how you cross. I've never been swiped while driving across. but they swipe every time at airports etc...

[Darnell 8,478]

Thanks!

I have another problem. I am a pilot and all of my flying is into the USA. How can they deny me to cross the border while my Visa is being approved?

I think you are fine on flying into the USA for your work, you have 'other status' because you are a pilot - so concept of 'border crossing' is waaaaaaaaaaaaaaay different for you than someone just driving across the border or going through a regular airport POE/CBP checkpoint.

IMO, any 'filing status' on yer casefile will not matter, as you have OTHER status as a pilot.

But - check into this, soonish.