We eloped...now what

[Labrador 0]

My husband and I on a whim decided to elope when I was last visiting him in the US. I think that may have been a big mistake. We decided to forgo a big wedding because both our parents are elderly and sick and our families are so far apart we just didn't see how we could ask them to go to the expense of traveling for a wedding. I then returned to Canada to get things clued up for myself and then realized that we'd have to go through this whole K3 visa process for me to get back to the US. We've only been together 8 months. We have tons of phone bills and photos and emails and cards and our friends and relatives all know about our relationship but other than that, at this point we haven't been able to co-mingle finances or live together so I'm worried that we're sunk even before we start our application. My husband is going to get a new apartment and he'll put my name on the lease. Should we bother to file papers at this point? My husband wants to hire an expensive lawyer but I feel like there isn't much a lawyer can do for us. What do you think our chances of getting approved are? What happens if it gets denied? Will I ever be allowed to enter the US again?

[canadian_wife 1,829]

http://www.visajourney.com/content/i130guide1

Follow the guide, you'll be fine. Comingling finances is not necessary. My husband and I were married 1 day before we filed our petition.

Good luck

[Inky 1,111]

You wont be filing a K3 you will be filing a CR-1.

Go read the guides and start the process for CR-1 the sooner you start the sooner you will be in the USA.

A lawyer wont do anything cept charge you crazy fees for nothing. Why cant you go back to the USA? nothing in your post says anything that would stop you from going to the USA to visit or anything.

[James And Oksana 19]

My husband and I on a whim decided to elope when I was last visiting him in the US. I think that may have been a big mistake. We decided to forgo a big wedding because both our parents are elderly and sick and our families are so far apart we just didn't see how we could ask them to go to the expense of traveling for a wedding. I then returned to Canada to get things clued up for myself and then realized that we'd have to go through this whole K3 visa process for me to get back to the US. We've only been together 8 months. We have tons of phone bills and photos and emails and cards and our friends and relatives all know about our relationship but other than that, at this point we haven't been able to co-mingle finances or live together so I'm worried that we're sunk even before we start our application. My husband is going to get a new apartment and he'll put my name on the lease. Should we bother to file papers at this point? My husband wants to hire an expensive lawyer but I feel like there isn't much a lawyer can do for us. What do you think our chances of getting approved are? What happens if it gets denied? Will I ever be allowed to enter the US again?

I would not worry about attorney. Your case is easy if you just follow guides and file I-130 with everything the guides here tell you. Just be prepared to wait now for several months. My friend was married over the holidays and his petition is still at the NVC while they gather everything needed before scheduling the interview. Figure on it taking at least 9 months before you can enter on a CR1.

[Labrador 0]

You wont be filing a K3 you will be filing a CR-1.

Go read the guides and start the process for CR-1 the sooner you start the sooner you will be in the USA.

A lawyer wont do anything cept charge you crazy fees for nothing. Why cant you go back to the USA? nothing in your post says anything that would stop you from going to the USA to visit or anything.

I'm so new to all of this, I thought that I couldn't enter the US again unless I had my visa. Someone told me not to visit after I start filing.

[VanessaTony 3,567]

I'm so new to all of this, I thought that I couldn't enter the US again unless I had my visa. Someone told me not to visit after I start filing.

Totally fine. You'd show them the petition NOA1 as well as proof of ties to Canada and you should have no problem.

[canadian_wife 1,829]

I'm so new to all of this, I thought that I couldn't enter the US again unless I had my visa. Someone told me not to visit after I start filing.

Show them you have ties to Canada, that you MUST return (have a return trip booked) and you should be fine. No guarentees however, but people visit all the time

Good luck

PS-just be aware that your interview will be in Montreal

[HeatDeath 430]

You can certainly visit, but because you are now married to a US citizen, it will take a little extra documentation to get past the US customs and immigration officers at the airport or border station.

Do a search on the forums here for the phrase "ties to Canada." When you try to visit, the onus will be on you to prove that you are not planning to skip the visa process and just stay. You prove this by showing things like a return ticket, a letter from your boss stating when you are expected to return, mortgage/rental agreements, a copy of your visa paperwork to date, etc. Anything that shows that you are financially invested in doing this right and that dropping everything and staying in the US would be a major imposition.

It's all up to the individual border officer you get. Some will wave you through, some will want to see ties to Canada, and some will deny you. Don't worry too much if you get denied - it won't affect entering with your visa once you get it.

Above all, BE COMPLETELY HONEST with the border officers. Lying (material misrepresentation) about anything even slightly relevant is about the only way you can permanently screw up your immigration process. Be scrupulously honest at all times, bring ties to Canada when you try to visit, and the whole process will be done before you know it.

[canuckbos 10]

My husband and I on a whim decided to elope when I was last visiting him in the US. I think that may have been a big mistake. We decided to forgo a big wedding because both our parents are elderly and sick and our families are so far apart we just didn't see how we could ask them to go to the expense of traveling for a wedding. I then returned to Canada to get things clued up for myself and then realized that we'd have to go through this whole K3 visa process for me to get back to the US. We've only been together 8 months. We have tons of phone bills and photos and emails and cards and our friends and relatives all know about our relationship but other than that, at this point we haven't been able to co-mingle finances or live together so I'm worried that we're sunk even before we start our application. My husband is going to get a new apartment and he'll put my name on the lease. Should we bother to file papers at this point? My husband wants to hire an expensive lawyer but I feel like there isn't much a lawyer can do for us. What do you think our chances of getting approved are? What happens if it gets denied? Will I ever be allowed to enter the US again?

I crossed over many times, BUT had to get a parole for each visit. They cost $6.00 and you have to call the Border Crossing, asking for the Chief on Duty, explain why you want to enter and they will most likely approve it. They send an email to all the officers who work there; when you present yourself, you tell them you have applied for a parole, they look you up in the sytem and if you are there, they do the paperwork. Make sure you have all your papers with you plus proof of ties to Canada. When you leave the US you must surrender the parole which is stapled in your passport, the the Canadian Customs Officer, point it out to him because he will most likely not take it unless you tell him too.

Always be honest! Never lie!

You don't need a lawyer, they don't know what they are doing any bettter then you do. Read Visa Journey relentlessly, it's all here.

Start collectiong all the documents, get your police certificate clearance, fill out all the Visa documents you can find online, start a binder where you can save all your documents. Make copies of everything you send them, also it doesn't hurt to send them to your husband as well in case he needs the information in them...

You should have no problem getting approved, it just takes 9 months if you do everything as quick as you can get it done, no slacking off or you will lose time. Check your emails and your Case number every day. Once you get your I-130 approved and have a case number you can start calling the National Visa Centre regularly to see if your case has moved forward. Don't beleive everything they tell you over the phone, they all say something different...

Patience, perseverence and attention to detail will get you there!

Good luck!

Filed 1-130 on October 13, 2010

Received Approval July 19th, 2011

[apeks 3]

I got a lawyer - total waste of time and money. They were not filing what was necessary - telling me to do things wrong and finally I took over and told them what to do!! No refund though. Do it yourself using this site for guidance and you will be better off!!

My wife is now stuck in Ontario - she tried to come across the border and they refused to let her enter...they told her that even though she had a job and residence in Canada, once she filed for an immigrant visa, she was no longer allowed to visit. She didn't argue...it seems it is all up to the border guard's discretion and they can do whatever they want. We filed in February and received NVC complete on July 12. We are still awaiting an interview date, and they have said it won't be August. Assuming it is in September, it will be 7 to 8 months processing her visa until she can enter the US.

[Harsh_77 718]

I hope you guys got your marriage registered and have marriage certificate… 

You don’t need to have co-mingled finance it is not a requirement, most of the spouse who come on CR1 would never have co-mingled finance.

All you need is to show you have valid relation, marriage was legit and it was not for immigration and make sure your spouse meets the sponsor requirements .

[Casprd 167]

One thing that will help is not to bring a lot of stuff with you if you are flying even if planning to stay for an extended time. If the CBP sees a lot of luggage then he will assume that you are planning to immigrate ahead of the visa. Visiting from Canada while in the process happens often. As others have said, have your NOA's with you and proof of ties to canada and all will be good. just don't try to visit before you have filed the I-130. That could cause some headaches when trying to cross.

Joint finances and living arrangements aren't an issue at this step. that comes later. All is good