Apply for K3 while in US?

[dudejackson 0]

Hi there,

I'm a Canadian citizen, visiting the US. During the visit I got engaged and plan to get married here in the US in a few weeks. I can legally stay as a visitor for another 5 months. Once we get married, we plan to file for the I-130, and AOS, should we also apply for the K3 visa? so that I can re-enter the states until the AOS gets approved? I would like to stay in the US for the time being. The reason that I ask is that I noticed on the I-129F K3 application that it has a space for "If your fiancé(e) is currently in the U.S., complete the following:..." Does that mean I can just stay here while she applies for the K3? then just re-ener on the K3? I would like to avoid the possible issue of coming into the states "with intent to marry and AOS".

Any ideas?

-J

[Kez/JWolf 6]

Congratulations on your engagement...

You can file for AOS after you are married and you will be able to remain hyere in the states while it is being processed... the guide here is very good and will explain thing better than I can...

http://www.visajourney.com/forums/index.ph...page=i130guide2

Only time you would have problems is if you entered the States with the intent to marry and remain... if it was spur of the moment the you should be ok.. There are risks involved with doing AOS from a tourist visa, if you were to be denied AOS your right of appeal is limited and it is best not to leave the States until you have your Greencard....

Hope this helps

Kezzie

[Jersey Girl 2]

dude, your upcoming marriage to an American will not entitle you to a visa of any kind, and there are risks associated with Adjustment of Status, as Kezzie points out. It may be difficult to prove your intent when you entered last. If they judge it was immigrant intent, you could be refused and find yourselves looking at her moving to Canada instead.

A better avenue might be the K3 visa, with you waiting in Canada. It's what many Can-Am couples do who marry in the U.S. As soon as you return to Canada, she can file the I-130 (required) and as soon as she gets a receipt, file the I-129f. You need to be in Canada, not the U.S., while this is going on, regardless of what's on the form.

You entered as a tourist, but will change your marital status. This may seem fishy, unless you go back north asap, demonstrating your intent to do things right. But if you decide to stay and try AOS, you cannot travel outside the country, or work, until it's granted. The way I see it: the quicker you go back to Canada, the quicker you can enter on a proper spouse visa. (just one opinion)

[dudejackson 0]

Thanks for the quick replies! That's the only thing that I'm worried about, is this intent thing, even though it was spontaneous, I'm not sure how to prove it. Yes, I agree it does sound fishy on the outside. I have a corporation in canada, and am currently working on a film that is being produced in Canada, I wonder if that is enough proof that I had no intention on staying in the country... anyone had any experience with having to explain yourself during the interview?

Also, does anyone know if I can indeed start filing for the K3 while staying here for the next 5 months? It does ask about that on the form.

-JJ

[CutienPurg 0]

Thanks for the quick replies! That's the only thing that I'm worried about, is this intent thing, even though it was spontaneous, I'm not sure how to prove it. Yes, I agree it does sound fishy on the outside.

-JJ

On our marriage certificate , it notes the date we applied for the license. I applied for it on the 17 th of May , he arrived in Michigan on the 21st of May and we married on the 22nd. My guess is, intent was obvious. Point being, in Michigan at least, there is a means to cross-check such things. If I wanted to be spontaneous , I'd probably go to vegas or somewhere with no " cooling off period" and just do it.

Edited September 2, 2006 by CutienPurg

[Reba 2]

Also, does anyone know if I can indeed start filing for the K3 while staying here for the next 5 months? It does ask about that on the form.

-JJ

I was in the US when we sent in all our petitions, and I filled in that portion and I just put "visitor" and the date I planned to leave.

You CAN be in the US at the time the petitions are sent, there's no problem with that. I have no idea what the timelines are like these days, but 2 years ago when we sent ours in, it was nearly a year just for the K3. I was in the US staying with my husband for about 5 and a half months, and then ended up back in Canada for another 7. Our petitions got mis-filed initially by a stupid lawyer who can't read instructions and that delayed us a few months. After I took it over myself, it took 7 months for approval of the I-129F and then another 2 for the package 3 stuff, and interview.

Check timelines now to see where they're at. If you do plan to stay here for the allowed 6 months, then return to Canada for the interview, you may just be apart a couple of months, if that. If however you decide to stay in the US as apply for AOS, you're pretty much stuck here, unable to return to Canada until you have your green card. If you have obligations in Canada that need taken care of, AOS is probably not your best option. And as Kezzie said, if you're denied, avenues of appeal are limited.

If you need to go back to Canada at any time before you receive your K3, coming back to the US may prove difficult, but not impossible. If you have an immigrant petition filed for you, you obviously have immigrant intent, so gaining entry for a visit is sometimes denied, unless you can prove without a doubt that you will return to Canada when your stated visit is up.

That should about do it, good luck!

[girl 37 7]

If you need to go back to Canada at any time before you receive your K3, coming back to the US may prove difficult, but not impossible. If you have an immigrant petition filed for you, you obviously have immigrant intent, so gaining entry for a visit is sometimes denied, unless you can prove without a doubt that you will return to Canada when your stated visit is up.

Both of my petitions are approved (just waiting for interviews), and travel to the US has been easy. I guess it depends on the individual, but both times I've showed the officer the approved petition(s), explained that I'm just waiting for the interviews now (why sneak in at this point?), have some time off work, and want to see my husband.