But I'm Canadian?!?!

[Nata20102011 6]

Ok here is the deal..

I am Canadian and my fiance is American.. we applied for my K1 visa in November, and got the NOA1 in early December. This is the situation... we have a cruise booked in May that leaves out of Fort Lauderdale and goes to the Bahamas, St.Thomas and St.Martain..also I have a wedding to go to in Canada in July. Assuming my Visa is approved before May and I move to the USA, am I still able to go on my vacation? I am Canadian and I thought if I don't use my "visa" when I enter back into Canada for the wedding that I am going to I should have no problem getting back into the states?!?! I want to be able to go to both but I am worried about the border and customs not letting me into the USA. Any thoughts??

[TBoneTX 45,319]

If you enter the USA with use of the K-1 visa, you can't then leave the USA and re-enter unless you have either Advance Parole or your green card.

This may be one instance in which someone (you) can HOPE for a drawn-out NOA2 (I-129F petition approval). You could delay the visa interview. However, if you have an I-129F in process and you want or try to enter the USA as a visitor, you could be denied entry. Our Canadian VJ members will have more to say than does this quick-and-dirty reply.

[Kathryn41 3,205]

Being a Canadian doesn't matter when you are involved in the immigration process. As a visitor we enjoy a special relationship with the US but as an immigrant that special relationship no longer exists.

That being said, lets take a realistic look at the time schedule.

NOA2s have been taking 5 to 6 months approximately for approvals, although they appear to be speeding up right now. Let's work with a 4 month approval (somewhat faster than the current average) so that means you would receive your NOA2 near the beginning of April.

This is just the first stage. Next, the paperwork will be forwarded to the US Consulate in Montreal via the National Visa Center (NVC) so allow another few weeks for that transfer. Montreal is one of the slowest Consulates in the world, actually, so it is a very safe bet that you won't have your Visa by May. Your paperwork 'may' have made it to the Consulate in Montreal by May but that is probably the most that has happened. I think you can probably count on being able to make your May cruise without a problem. Be sure to carry lots of proof of your ties to Canada as well as a copy of the I-129f petition and whatever other paperwork you have received to date to reassure the border guards at both ends that you will be returning to Canada after the cruise.

Once the Consulate sends you the information package and you gather what you need to prepare, you notify the Consulate that you are ready for an interview. You can plan on this step taking a few weeks at least. Once you notify them you are ready you then wait until they schedule your interview. Currently, interviews seem to be taking about 5 to 7 months to schedule. That is why I said you would not have your visa approved by May. The I-129f petition, probably; the K-1 visa, no.

Assuming you received the package from Montreal, worked quickly and got everything back to them in a few weeks you would probably be looking at notifying them sometime in June. So, you will still be in Canada in July for the wedding. You could probably expect an interview -working on the faster time frame and the assumption that Montreal will pick up its feet - sometime after September but more likely later in the year than that.

So, the good news is that you should be able to do the cruise and the wedding. The bad news is that your own wedding plans will probably not happen until near the end of this year rather than the beginning of summer. The waiting times, though, are variable and things do change, but it is more reasonable to expect the whole visa process to take closer to 9 months or more when dealing with Montreal.

Once you do have your K-1 in your passport and enter the US you cannot leave the US and be allowed to return until either one of two things happens - you get a travel document known as Advance Parole (AP) or you get your permanent residency status, known as your green card. You apply for both of those after your marriage to your US citizen spouse by filing to Adjust your Status from a K-1 non-immigrant fiancee to a Permanent Resident.

I hope I have understood your question correctly and that this information helps address your concerns.

Why not join us over on the Canada Regional forum as well - there are lots of other Canadian American couples there all going through one stage or another of the immigration process.

Edited February 26, 2011 by Kathryn41

[Nata20102011 6]

Thank you so much.. that has been VERY helpful! I am glad I will be able to go to both of my functions, but it is also upsetting that I can't move down to Massachusetts until late in the year. You know a lot about the timelines. I can't believe that the Montreal wait time for an interview is that long! I should almost notify them that I am ready for an interview even if I don't have all of the papers together because during the wait time I will have lots of time on my hands!! Thanks again.

[iampatricias 17]

It's very discouraging for all of us waiting on Montreal, but we got our NOA2 at the end of January, and don't have any realistic hopes of getting an interview before June. All our paperwork is ready to go, but there is simply nothing to do but call the Department of State and wait until we're told Packet 3 has been sent. Then I'll submit my paperwork and keep calling until I can book an interview. Even after that, of course I'm hoping there is some way we'll catch someone's interview cancellation in April or May but it's so unlikely.

What you'll want to get together while you wait is proof of employment (your work contract, a letter on work letterhead from your boss, or pay stubs), your rental/mortgage/lease agreement on anything you need to keep paying before you move (like your car or apartment/house) and any other documentation that shows you have responsibilities to get back to in Canada to bring with you whenever you attempt to cross the border into the States. I've only been asked for this paperwork once, but I didn't have it and it caused a lot of grief. Other than that, based on everyone else's timelines and experiences, you will be a very lucky person to have your interview in July.

[Nata20102011 6]

I'm still trying to figure this whole process out. What paperwork do I need to get together after we get the NOA2 and what is package 3? I can't believe that you guys have had to wait so long! Is that a typical wait time or do you think that you guys got lost in the paperwork? That is so terrible about Montreal too, Hopefully they can catch up somehow?!?

[Sweetcheeksss 91]

Montreal is the ONLY consulate in Canada that processes immigrant visas (along with non-immigrant, student, work, tourist, etc) and truthfully, they are woefully behind. Several months behind.

They don't answer emails with any regularity, you can't call them, sometimes it's as if they are their own lil country, following their own laws/rules and having no responsibility to anyone.

**in my case, we had a valid expedite that had been approved by Montreal due to my husband's deployment - even WITH that expedite, when I had to send in follow up documents, it took them 8 weeks to review them**

Good luck everyone, patience is the key when dealing with them.

[Kathryn41 3,205]

Once your petition is approved and sent to Montreal, Montreal will send you a package that contains the information and forms you need for the next step. The I-129f petition is your fiance's responsibility - he is basically requesting permission from US immigration to allow his fiancee permission to apply for the fiancee visa. Once his petition is approved, it means you now have permission to apply for the fiancee visa. That is the K-1 visa and it is your part of the process. That is what the package from Montreal is about. It will give you instructions on what documents you need to have (passport, long form birth certificate, any divorce or death documents from previous marriages, etc.), will request a Canada wide security check from the police or RCMP showing you have no criminal record (or if you do, providing documentation about that), and an immigration medical which can only be done in 4 cities and which is not covered by provincial health benefits. You will also need to have your fiancee fill out what is called an Affidavit of Support - I-134 providing documents (tax transcripts, etc.) that prove he makes enough money to support you. (Yes, I know you can probably support yourself but the US government requires him to guarantee you will not become a public charge).

Many people will send back the notice that they have the documentation in place even when it isn't really in place yet so that they can at least get put in line for an interview. You will have plenty of time to get the documents together during the wait and there are things you can do now, such as get your long form birth certificate, etc. so it isn't a problem if you chose to do this as well.

The other package of information iampatricias is referring to is a package of documents that you assemble and carry with you when you visit the US to show to the border guards the different 'ties' you still have to Canada. Ties are considered having a job that you need to return to along with permission to be away for the length of your visit in the US; owning property such as a house or leasing an apartment and being tied to a lease; paying ongoing utility bills for heat, hydro, water, gas, phone, internet, things like that; having car payments helps; having insurance on your home or apartment or car that continues after your return or is renewed shortly before your trip; having medical appointments scheduled for after a return from the US; attending classes and having a schedule of courses and coursework to submit - all of these are considered indications of ties you have to Canada that will require you to return to Canada after a visit to the US. You would also include a photocopy of your I-129f petition and any paperwork you have received from USCIS (NOA1), etc. indicating that you are aware of the correct process and have already initiated the proper immigration paperwork for the K-1. Your objective is to show the border guards that you are not an immigration risk on that visit.

The wait for Montreal is discouraging, yes, and it isn't because paperwork is lost - it is just a long process. The whole immigration to the US is a long process that covers a number of years because getting there is only the first step. Once you are here you need to apply for permission to remain in the US and that will only be granted for 2 years, after which you need to prove to immigration that your marriage is a valid marriage and not one to find a short cut to get to the US before you will be allowed to stay permanently. The US is very concerned about marriage fraud.

You will probably find it empowering to start reading over the forms and instructions for things like the AOS (I-485) now as you will see that the information you provide for the K-1 will follow you through all of the other applications and you will want to make sure you have all the details straight.

Visa Journey is a great place to learn about what to expect - and to find support among others who are 'stuck' in the same slow process. You will also get some good advice about how to give yourself the very best applications you can so that your likelihood of approval at each stop increases because you don't make some of the mistakes that cause delays.

Edited February 28, 2011 by Kathryn41

[Nata20102011 6]

Thank you again for your post.. it is helping me a lot! So now I just have to be patient I guess until I get that NOA2 and then wait some more. Oh well its been long distance for almost four years... whats another 7 (hopefully) months?