Need some input with the canadian immigration system

[kassyrose 0]

to make a long story short, my boyfriend(soon to be fiance) is Haitian and have an American visa for 5 years. travel for almost two consecutive years then decided he want to stay in either the USA or Canada, he stay in FL for a few months then decided to move to Canada instead where he would be able to work( and he did, he is an engineer). so when he went to Canada, they took all his document so that he can be legal in the country. don't know what kind of question they ask him, but he told me they ask him about his mom and dad and he gave their document as well. so they are going to process all together where he will have a permanent card for Canada and his parent will be able to come over there too eventually. they told him the estimate wait time will be 18 months to two years. his American visa expired in 2013. now he been living there for 17 months and last time he calls, they told him he is on the third level(whatever that mean). Now we want to get marry and with all that going on we don't know where to start.

our plan is to do the K-1 visa. (all though it seem like it is a long wait to go through in canada, but that beside the point).

my questions are:

If we wait until his canadian status is done, can he still use the america visa to come to USA or will it be invalid?

Can we start on our K-1 process yet?

I am ready for whatever but what can he do on his part?

If you are wondering why can't i just move to canada and be with him?. well it complicated for me, and i won't go into detail. we talk about that option but it won't work so that out of the question. we know this will take time but we just want to make a good choice and do this the right way. so any advice will help.

[Hugglebuggles 60]

In order to petition you as a K-1 fiance, your boyfriend needs to be a citizen of the United States. Having a visa (valid or otherwise) is not sufficient. His status in Canada really isn't relevant.

Your post makes it sound like you are intending on moving to Canada? But you talk about a K-1, which is a US visa. Canada does not have a K-1, or an equivalent to a K-1. In order for your boyfriend to petition you to move to Canada, you will need to be married.

I don't know much more than that, so hopefully someone smarter than me will come and chime in

[Ontarkie 14,229]

I think she is in the US now, she mentioned something i think about that in a previous thread. Came with her mom type of thing.

Kassy what is you status in the US cause that will determine what type of paper work you need to file. I think k-1 are for US citizens only, and I don't know if you are. If you are then go ahead and file the k-1 and let both paper work do its thing. If he doesn't have the Canadian paper work done before he gets the k-1 issued he can then cancel his application for Canada.

[Kathryn41 3,205]

Yes, K-1 visas are only available for US citizens who start the process by petitioning the US government for permission to have a fiance apply for a visa. If you are not a US citizen but are a permanent resident of the US, you can only sponsor a spouse, not a fiancee, and there is a longer waiting time than for a US citizen to sponsor a spouse. He won't be able to sponsor you to Canada either until he becomes a permanent resident, and again, only if you are married. I realize that you said you do not wish to move to Canada, however, whatever process you use to go to either country is going to take a few years because you each need to be eligible to sponsor someone first.

His visitor's visa to the US should still be valid and he should be able to cross the border to visit the US, although it will be up to the border guard on each and every visit whether or not he will be allowed to enter the US. He has the permission of the government to visit, but the border guard makes the final decision. He should be prepared with evidence of his ties to Canada to re-assure the guard that he intends to return to Canada after the visit. Ties would be proof of employment and a letter from his employer stating when he is expected back to work; mortgage or lease for where he is living, family ties still in Canada, ongoing financial responsibilities in Canada (such as heat, electricity, insurance, etc.).

I am not sure what third level would be for Canadian processing - but it sounds like it is moving forward. If he wishes to find out more details he can contact his Member of Parliament's local office for where he lives and works in Canada and they can find out more information from Citizenship and Immigration Canada for him, such as what 'third level' means . There is no charge for this and while his MPs office can't make things go faster, they can help smooth out any 'bumps' along the way that may cause problems before they happen.

I hope you and your boyfriend (soon to be fiance) are up for a long engagement or spending the first years of a marriage living separately because it is going to take time. There is no way around that.

[kassyrose 0]

sorry about the confusion but i am a US citizen and he is in canada, i want to petition for him to come here in the US. my problem was, when he transfer to canada they took all his document at the border, so i was afraid that if i want to petition for him, that would be a problem but we spook with other people in the same situation and they say it won't matter, i can still go ahead and start the process.

[kassyrose 0]

I think she is in the US now, she mentioned something i think about that in a previous thread. Came with her mom type of thing.

Kassy what is you status in the US cause that will determine what type of paper work you need to file. I think k-1 are for US citizens only, and I don't know if you are. If you are then go ahead and file the k-1 and let both paper work do its thing. If he doesn't have the Canadian paper work done before he gets the k-1 issued he can then cancel his application for Canada.

thank you, i am a US citizen and we decided to go ahead and get marry, then start the process as getting him to the US.