is the I129f for the K3 multiple entry?

[Davin and Rachel 0]

Kinda an odd question, but i couldnt find anything information about it. In the period of time between having the I129f inteview and getting the stamp in your passport, and the completion of the i130... will my wife be permitted to cross to and from canada at will? or, like the K1, is it a single entry, and will need to stay put untill the I130 is complete?

[Robor007 0]

The way I understand it with the K-1 visa the beneficiary is required to remain in the US until AOS but the K-3 visa allows multiple entries for 2 years. Someone chime in if I'm wrong.

[YuAndDan 153]

That is correct K3 is multi entry, and K1 is 1 time entry.

Depends on where you wish to marry, in the states or over seas.

Tell us a little more, you say wife, are you already married, or just engaged?

If you are married then you will do K3, if not then K1

[Davin and Rachel 0]

Aye, were allready married, have completed the 130, and just sent off the 129f packet yesterday.

Main reason for the question is her grandfather is having some health issues, and she is reluctant to be locked to the US side of the border should things go more downhill. (were both near the blue water bridge, so its only a 15 min drive.... so close yet so far away)

[Buttons 0]

yes, it is a multi entry visa, On your I-94 it will say multiple entry or at least mine does. I have crossed 4 times in two month with no problem getting in either country.

[YuAndDan 153]

Aye, were allready married, have completed the 130, and just sent off the 129f packet yesterday.

Main reason for the question is her grandfather is having some health issues, and she is reluctant to be locked to the US side of the border should things go more downhill. (were both near the blue water bridge, so its only a 15 min drive.... so close yet so far away)

Let me get this right where did you marry? In Canada or USA? If Canada then all is well and the K3 is correct, if not and she visited USA to marry it may cause you some problems down the road.

If she is now living on the US side of the border waiting for the K3, then she is breaking the rules. During the K3 process the foreign spouse should be waiting outside the USA for the visa.

I know that K3 petitioners have crossed the border many times while waiting, but can be a risky move, when I travel into Canada they only ask why and I say visiting friends or my relatives. They don't give US or Canadian citizens a problem as long as a citizenship document is presented like a birth certificate.

Edited September 6, 2006 by YuAndDan

[girl 37 7]

If she is now living on the US side of the border waiting for the K3, then she is breaking the rules. During the K3 process the foreign spouse should be waiting outside the USA for the visa.

Can you please back that up with a link to the rules?

[meauxna 15]

If she is now living on the US side of the border waiting for the K3, then she is breaking the rules. During the K3 process the foreign spouse should be waiting outside the USA for the visa.

Your signature really should carry a disclaimer that warns people about the answers you post. (not that you will ever come back to read the feedback you get).

The quoted above is not correct, unless you want to parse 'living'.

There is no requirement for a K-3 applicant to be outside the US until they get their visa.

Aye, were allready married, have completed the 130, and just sent off the 129f packet yesterday.

Main reason for the question is her grandfather is having some health issues, and she is reluctant to be locked to the US side of the border should things go more downhill. (were both near the blue water bridge, so its only a 15 min drive.... so close yet so far away)

The real question is: if your Canadian spouse is already in the US, why are you applying for a K visa and not an Adjustment of Status? If you already now about this, you don't have to post your reasons--just asking.

Other than that, you seem to have some confusiion about petitions and visas, but I'm sure it will all sort out.

[Reba 2]

Let me get this right where did you marry? In Canada or USA? If Canada then all is well and the K3 is correct, if not and she visited USA to marry it may cause you some problems down the road.

doesn't matter which country you get married in, K3 is still correct if the Canadian (or other foreign) spouse is still living in Canada. I got married in the US, and then 2 days later went back home to Canada. Didn't matter.

If she is now living on the US side of the border waiting for the K3, then she is breaking the rules. During the K3 process the foreign spouse should be waiting outside the USA for the visa.

not necessarily so. When we sent in our petitions, I was in the US visting. A Canadian citizen is permitted to visit the US for up to 6 months per year/per visit. A petition can be submitted for them during that time and they can stay the 6 months.

IF however the couple gets married in the US, and the Canadian (or other foreign) spouse wishes to stay in the US, then the K3 is not the correct way to go, rather one would apply for AOS.

I know that K3 petitioners have crossed the border many times while waiting, but can be a risky move, when I travel into Canada they only ask why and I say visiting friends or my relatives. They don't give US or Canadian citizens a problem as long as a citizenship document is presented like a birth certificate.

I went back and forth for 3 years (various reasons) and never had a problem when going to visit my husband. I always was truthful with CBP/Immigration, and said we are just waiting on the stupid immigration process to finish!

Others however have not been so lucky and were denied entry until their visa was in hand. It really is a ####### shoot. But please, get your facts straight before you go scarying the newbies.

[Davin and Rachel 0]

Let me get this right where did you marry? In Canada or USA? If Canada then all is well and the K3 is correct, if not and she visited USA to marry it may cause you some problems down the road.

We Wed in Canada, where she is currently residing... impatiently =)

If she is now living on the US side of the border waiting for the K3, then she is breaking the rules. During the K3 process the foreign spouse should be waiting outside the USA for the visa.

The way i understand this rule... the law states it is illegal to cross the border with intent to imigrate. Having a petition in process is clearly an intent to imigrate, so while crossing you would have to have a clear case that you intended to return to your home country. For us, its not worth the risk, and will continue to stay in canada for the durration. (Besides, she's 8 months pregnant, and not much for travel atm!)

[Yodrak 7]

Davin,

In most cases the K3 visa is a 2-year multi-entry visa. There may be rare exceptions (due to reciprocity) but Canada is not one of them.

Yodrak

Kinda an odd question, but i couldnt find anything information about it. In the period of time between having the I129f inteview and getting the stamp in your passport, and the completion of the i130... will my wife be permitted to cross to and from canada at will? or, like the K1, is it a single entry, and will need to stay put untill the I130 is complete?

[Davin and Rachel 0]

Excelent =) Thanks again for the fast and usefull help as always!

[aussiewench 9]

If she is now living on the US side of the border waiting for the K3, then she is breaking the rules. During the K3 process the foreign spouse should be waiting outside the USA for the visa.

Your signature really should carry a disclaimer that warns people about the answers you post. (not that you will ever come back to read the feedback you get).

The quoted above is not correct, unless you want to parse 'living'.

There is no requirement for a K-3 applicant to be outside the US until they get their visa.

Not only wrong....but nothing remotely connected to the OP's question

I second the disclaimer.