New Case With Many Questions

[syntaxkid 0]

Hello everyone, I'm new here but have been reading the forum for a few months now as I've been planning to propose. I didn't know exactly where to post this given the details of my case but I'll start here to get everyone's feedback. Here are the details:

1.) I am a US citizen and will petition next month after I propose. I am a medical resident, but will taking a position at the same hospital I am training at. My salary will drastically change on July 1, 2012, probably during or just after the petition process if processing times are accurate.

2.) My fiance to be is a Thai citizen, but living in Toronto, Canada as a Live-In Caregiver. She is currently unemployed but has submitted an application for PR and is job searching while she waits for her open work permit.

3.) We actually met in the US and dated in 2007 briefly while she was in the US for 2 years on a J-1 Au-Pair Exchange. She has no return home policy for her country, but she did return home to Thailand briefly before going to Canada. We reunited via facebook in July 2011, and I have been going to Toronto to see her since.

So, my questions are:

1.) Do I have to update my affidavit of support at some point? Will the gap in our earnings and earning potential make things difficult at her interview in any way when she goes to the Montreal Consulate?

2.) How does a Consulate perceive her status in Canada, and will they ask something like, "If you are approved will you withdraw your application in Canada for PR?" How should she answer or does this not matter at all?

3.) When I describe how we met in the past two years, do I start from when we first met 4.5 years ago and bring them current or just within the last two years?

I would appreciate any thoughts from you guys as I can tell people here really know this process. Thanks so much!!!

[TimeTravel 78]

1.) Do I have to update my affidavit of support at some point? Will the gap in our earnings and earning potential make things difficult at her interview in any way when she goes to the Montreal Consulate?

Regarding earning part, you must have to meet the minimum requirement for AOS, and better for safe side, get a co-sponsor.

2.) How does a Consulate perceive her status in Canada, and will they ask something like, "If you are approved will you withdraw your application in Canada for PR?" How should she answer or does this not matter at all?

She should answer whatever she thinks the best for her situation. If she gets the US LPR status, then she should be okay with that, and may not require the Canada PR.

3.) When I describe how we met in the past two years, do I start from when we first met 4.5 years ago and bring them current or just within the last two years?

Yes, must have to tell the things exactly as it happened.

[syntaxkid 0]

Should she remain in Canada as a temporary worker despite being a thai citizen, or should she return to thailand before we petition the K1?

[C-ma'am 684]

Friendly bump So the most experienced and knowledgeable VJers can see your questions

[JimVaPhuong 4,863]

Generally, an applicant needs resident status in the country where they are interviewed. If she doesn't have resident status in Canada then she'll probably have to return to Thailand for the K1 interview.

The following is from the website of the US Embassy in Ottawa:

With rare exceptions, visa applicants temporarily visiting Canada should apply at the U.S. Consular Section in their country of residence. If the applicant is not a resident of Canada, interviewing officers at the U.S. Consular Sections in Canada may not have experience in evaluating the circumstances in the applicant's country of residence. The applicant will, therefore, have greater difficulty establishing eligibility for a U.S. visa in Canada than would be experienced in the applicant's home country.

A substantial percentage of visitors to Canada are denied visas under these circumstances. Consequently, we strongly urge visitors to Canada to apply for U.S. visas in their country of residence.

http://canada.usembassy.gov/visas/visas/categories-and-requirements/important-notice-for-applicants-with-a-visitors-permit-to-canada2.html