Moving to the states while k-1 is processing?

[Tuatha 0]

Hi everyone, new poster here but I've been reading these forums for months trying to understand the whole k-1 visa process.

Sorry in advance for the wall of text, I have a bit of a tendency to ramble...

Anyway, bit of a stupid/silly question that probably has been asked a million times, though I couldn't come up with anything on google or in the search.

My fiance and I have all of our paperwork filled out (haven't filed yet... still need to get a few more bits together before we can send it off) and have been discussing about getting me moved down to the US. Which got us to thinking, is it at all possible to move before the k-1 is processed and the visa is issued? Would that have any negative effect on our application? I vaguely recall reading something someone posted (not sure if it was on this forum or another one) months ago about being let across the border and telling the border official that they understood if the k-1 was denied they would have to leave the country? Can anyone shed any light on this for us? Google has been useless and I keep running around in circles trying to figure out if it's possible.

I have a job here in Canada that it *may* be a possibility I could do from the USA (haven't brought it up to my boss yet, but it wouldn't be hard to set something up - I do photo editing and printing and 90% of my job would be possible if he just ftp'ed me the images) so not being able to work in the US wouldn't be too much of an issue. We also considered the visitor visa as well, but I'm clueless as to how that all works.

Mainly we would like to be able to spend more than 90 days together before getting married (we've only ever been together for 2 weeks at a time, and living with someone full time is much different than spending 2 weeks together), and we're very tired of doing the long-distance thing (as I'm sure everyone knows here... it SUCKS!). We're just trying to figure out some way of making the time shorter until we can be together.

Any tips or advice or a point in the right direction would be greatly appreciated! I've learned more reading these forums than I have anywhere else on the internet. Thanks guys!

[Cathi 5,784]

If you enter on a visitor visa while having an i129/k1 pending the CBP may refuse to let you in, unless you can prove having strong ties to Canada.

If you enter on a visitor visa while having an i129/k1 pending the CBP may refuse to let you in, unless you can prove having strong ties to Canada.

and proof of your return trip to Canada

[Tuatha 0]

So in theory if I brought proof of strong ties to Canada with me to the border, they may let me through and I could stay for 6 months? Really the only thing I can think of that would prove I have strong ties to Canada would be a letter from my employer, and a return ticket if I flew, I guess driving down to the border with a bunch of stuff in my car and trying to get across saying I'm visiting would be out of the question... I had a friend try to do that recently from the states to Canada and she got turned back (unsurprisingly). I don't own any property (besides my car), I don't have a lease or anything either.

Edited May 20, 2012 by Tuatha

[LeftCoastLady 441]

You may want to pose this question in the Canadian forum to see if others have successfully done what you're planning. In addition to the six month limitation on your stay, do know that you would need to return to Canada for the medical exam and interview. At that point, you wouldn't be able to re-enter the US until the K-1 visa is issued and in your hand.

[C-ma'am 684]

You may want to pose this question in the Canadian forum to see if others have successfully done what you're planning. In addition to the six month limitation on your stay, do know that you would need to return to Canada for the medical exam and interview. At that point, you wouldn't be able to re-enter the US until the K-1 visa is issued and in your hand.

I agree with LCL, you might be better off asking this at the Canada forum. Instead of having to write everything again, you can Report your own message (button on the bottom right side of the message itself) and ask a moderator to please move it to the Canadian area.

[Tuatha 0]

You may want to pose this question in the Canadian forum to see if others have successfully done what you're planning. In addition to the six month limitation on your stay, do know that you would need to return to Canada for the medical exam and interview. At that point, you wouldn't be able to re-enter the US until the K-1 visa is issued and in your hand.

Yeah, I'm fully aware that I'd have to come back to Canada for the interview and exam and I wouldn't be able to come back until I have my k-1 in hand, which really wouldn't be that much of an issue. Just be a matter of catching a flight to Canada and then back once I have my k-1. Any idea how long that would take, anyway? I've read some people get them the same day and some get them mailed to their home address... I believe the closest embassy to me is in Calgary if that makes any difference.

Thanks for the tip, I'll post this over in the Canadian forum as well.

[Tuatha 0]

Hi everyone, new poster here but I've been reading these forums for months trying to understand the whole k-1 visa process.

Posted this in the k-1 section and they mentioned I should post here as well. Sorry in advance for the wall of text, I have a bit of a tendency to ramble...

Anyway, bit of a stupid/silly question that probably has been asked a million times, though I couldn't come up with anything on google or in the search.

My fiance and I have all of our paperwork filled out (haven't filed yet... still need to get a few more bits together before we can send it off) and have been discussing about getting me moved down to the US. Which got us to thinking, is it at all possible to move before the k-1 is processed and the visa is issued? Would that have any negative effect on our application? I vaguely recall reading something someone posted (not sure if it was on this forum or another one) months ago about being let across the border and telling the border official that they understood if the k-1 was denied they would have to leave the country? Can anyone shed any light on this for us? Google has been useless and I keep running around in circles trying to figure out if it's possible.

I have a job here in Canada that it *may* be a possibility I could do from the USA (haven't brought it up to my boss yet, but it wouldn't be hard to set something up - I do photo editing and printing and 90% of my job would be possible if he just ftp'ed me the images) so not being able to work in the US wouldn't be too much of an issue. We also considered the visitor visa as well, but I'm clueless as to how that all works.

Mainly we would like to be able to spend more than 90 days together before getting married (we've only ever been together for 2 weeks at a time, and living with someone full time is much different than spending 2 weeks together), and we're very tired of doing the long-distance thing (as I'm sure everyone knows here... it SUCKS!). We're just trying to figure out some way of making the time shorter until we can be together.

Any tips or advice or a point in the right direction would be greatly appreciated! Or personal stories if anyone else has managed to do what I'm hopefully planning on doing. I've learned more reading these forums than I have anywhere else on the internet. Thanks guys!

Edited to add: I should also add I know I'll have to come back to Canada for the visa interview/medical exam, that's not much of an issue, just a matter of getting a plane ticket.

Edited May 20, 2012 by Tuatha

[mb3 0]

As a Canadian, you can spend 180 days in the US without a visitor's visa (that's how the snow birds do it). Is it feasible for you to talk to your boss about working from the US for 3-4 months? That should give you a good idea about how living together day-to-day works for you both. Btw, I think you're smart to think about this option rather than jumping into a marriage without spending a lot of time together.

For what it's worth, I spent 5 months in the US last year for exactly this reason. My interview is next week, and so far the process has been smooth (even though it feels like it's taking forever )

[Flames9_RN 358]

1 can not MOVE to the USA without a proper work/relationship visa. You may be able to VISIT for up to 6 months with POE officers discretion.

CDNs do not have to apply at a USA consulate for a visitors visa like people from many other countries have to do--Cdns simply do it when they enter the USA t the border or airport

1 should always have ties to Canada, such as return airfare, letter from employer, etc etc.

From ur other post, ur in Alberta, your k1 interview would take place in Vancouver. If you went the cr-1 route (already married) it would take place in Montreal.

[Tuatha 0]

As a Canadian, you can spend 180 days in the US without a visitor's visa (that's how the snow birds do it). Is it feasible for you to talk to your boss about working from the US for 3-4 months? That should give you a good idea about how living together day-to-day works for you both. Btw, I think you're smart to think about this option rather than jumping into a marriage without spending a lot of time together.

For what it's worth, I spent 5 months in the US last year for exactly this reason. My interview is next week, and so far the process has been smooth (even though it feels like it's taking forever )

It's quite feasible to talk my boss into letting me work from the US for a few months, possibly even indefinitely depending on how it goes with me working from a different location. It's just me and him running this studio so I'm not sure how well he'd do without me, lmao Won't know until I ask, though! My fiance and I are both tech-heads so we've been putting together a bit of a plan as to how that would all work, just a matter of trying to explain it all to my pretty technologically-unadvanced boss...

Thank you, I thought so too. My fiance is divorced and really doesn't want the headache/heartache/empty wallet of going through another divorce (and we were friends during the divorce so I heard all the horror stories... does NOT sound fun...) so we would LIKE to try to play it safe and make sure we work out well together for extended periods of time... we've visited 7 times total now for 1-2 weeks at a time and that works GREAT but yeah, living together full time is completely different.

I'm assuming you visited while your k-1 was processing? Did you get any ####### at the border crossing? How long did you stay per trip? Sorry for all the questions, haha! Trying to figure out possibilities, I'd *like* to move/take an extended trip by the end of summer. Two years of long disance wears on a person.

[Tuatha 0]

1 can not MOVE to the USA without a proper work/relationship visa. You may be able to VISIT for up to 6 months with POE officers discretion.

CDNs do not have to apply at a USA consulate for a visitors visa like people from many other countries have to do--Cdns simply do it when they enter the USA t the border or airport

1 should always have ties to Canada, such as return airfare, letter from employer, etc etc.

From ur other post, ur in Alberta, your k1 interview would take place in Vancouver. If you went the cr-1 route (already married) it would take place in Montreal.

I figured as much. So theoretically I could take a 3 month visit without needing a visa, and if I wanted to stay longer it'd be up to the border official whether or not to let me in, so I guess flying down would be a better option because driving down with my car would probably raise a few more red flags, no?

I'm in Saskatchewan actually, and as far as I know there's no embassy here, as far as I know the closest one is Calgary.

[Flames9_RN 358]

I figured as much. So theoretically I could take a 3 month visit without needing a visa, and if I wanted to stay longer it'd be up to the border official whether or not to let me in, so I guess flying down would be a better option because driving down with my car would probably raise a few more red flags, no?

I'm in Saskatchewan actually, and as far as I know there's no embassy here, as far as I know the closest one is Calgary.

Im from Prince albert--in 12 days spending a month in Saskatoon!!!

As others have said you can spend UP to 6 months in the USA with POE officers approval! They could limit ur stay to what ever the POE officers desires. Having a boyfriend, spouse, raises their suspicion that you may stay (live)in the USA, thus the strong ties to canada MAY be required.

Not sure what the rule is working online while in the USA, probably not a big problem, but the POE officer may think otherwise. But as you will learn, each POE officer sees the rules his own unique way. Yes most visit while the visa process with no problems, but some do get denied entry which is not a big deal--Now a BAN is a big deal, so NEVER LIE to the POE officer. Welcoem to VJ

[Tuatha 0]

Im from Prince albert--in 12 days spending a month in Saskatoon!!!

As others have said you can spend UP to 6 months in the USA with POE officers approval! They could limit ur stay to what ever the POE officers desires. Having a boyfriend, spouse, raises their suspicion that you may stay (live)in the USA, thus the strong ties to canada MAY be required.

Not sure what the rule is working online while in the USA, probably not a big problem, but the POE officer may think otherwise. But as you will learn, each POE officer sees the rules his own unique way. Yes most visit while the visa process with no problems, but some do get denied entry which is not a big deal--Now a BAN is a big deal, so NEVER LIE to the POE officer. Welcoem to VJ

Well damn, that's pretty awesome Not much of a fan of Saskatoon myself, but most of that is probably just because on my few trips there I ALWAYS get lost.

I've never really caught too much flack at the border fortunately, but I've always been honest with the border officials. Told them how long and where I was staying, and that I was there to visit my boyfriend. Had once official ask me when we were getting married (this was actually when I was going through customs in Canada) and I laughed and said "not anytime soon", well that was back in October and now we're engaged as of a few weeks ago, haha .

Never needed any proof or anything of ties to Canada but yes, I'd definitely take proof of ties to Canada were I to go on an extended trip. If I had a return ticket and a letter from my employer, do you think that would be enough? I don't own any property other than my car (which is on a loan until the end of the year), I don't have a rental agreement or a lease (still live with my parents... rent is outrageous where I live) so I can't really think of anything else that would prove ties to Canada. I have a student loan but I don't know if that would really prove anything? It might just make it look like I'm trying to debt dodge or something.

*Hopefully* working online wouldn't be an issue while on an extended trip... I suppose that's something else I should try to research and dig something up on. Didn't really even consider it might be an issue, so thanks for pointing that out.

No, getting denied isn't really much of a big deal other than heartache, a ban on the other hand, well that would just end up screwing EVERYTHING up, haha.

[Ban Hammer 13,554]

duplicate topics merged into this one in the canadian regional as the most experience with this would be in the canadian regional.

[Flames9_RN 358]

I crossed monthly from NS to DC and never asked for proof of ties to Canada, BUT one should always have it on you. The onus is on YOU to prove that you are going to return to Canada, and even with 100% proof that ur going to return, the POE officer doesn't have to let you in! Only people that have a RIGHT to enter the USA is USA citizens!

Saskatoon is 1 of the nicest cities in my opinion,lol Regina, too dirty and my home town of PA, has gone way down hill! I like the small towns, nice and everyone is friendly