Jump to content
VGL

Marriage? Vistors visa? Who moves?

 Share

6 posts in this topic

Recommended Posts

Filed: Timeline

Hi there,

My boyfriend and I have been dating long distance for 4 years. We do want to get married, however, we would like the chance to live with one another and co exsist for a period of time before taking that next step.

What is the best way for me to enter the US for a short period of time?

I am willing to move there for a few months and test it out (I am sure we will do very well.)

Questions:

1.)What happens if I can stay for 6 months and when its up, do I go back to Canada and have to wait for a certain amount of time untill I can re enter the US?

2.) If after 6 months we decide we want to get married, can I then apply for a fiance visa to have an additonal 90 days there with him?

3.) If we marry abroad (can we even do that?) Do iI have to go back to Canada and wait for papers to be filed and will we have to live seperatly as husband and wife?

4.) All in, what should I expect to spend on immigration fees etc?

5.) Its possible with his job he could relocate to Canada on a work visa, would you suggest we do this, then get married while hes here working?

Any information would help. Thank you for your time ! :)

Link to comment
Share on other sites

Filed: Citizen (apr) Country: Canada
Timeline

First of all, you cannot move to the US without authorization

Secondly, as a Canadian, typically - although never a guarentee - one is given 6 months to VISIT (but still, you cannot live)

on to your questions

1. The Customs and Border Patorl (CBP) like to see you spend more time in Canada than in the US, if you stay for the allotted 6 months, they are going to want to see a significant amount of time in Canada before you try and enter again. Although, it is up to the CBP at each crossting. Entrance is never a guarentee

2. NO, if you are married you are married - you would not qualify for a fiance visa at that time.

3. Yes you can marry in Canada, I did. Then he would return to the US and you would wait out the process in Canada, 6-10 months on average

4. Where do you want to live? The US or Canada? If it is the US it is kind of crappy to get a transfer to Canada then request a transfer BACK to the US when it suits your love life. I'd be upset if one of my workers did that. But yes, he can transfer to Canada to be with you then

See the conparason guide here

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

to look at costs. Keep in mind, this is just the filing fees, it does not take into account medicals, etc.

Also keep in mind, if you are in the US, even as a visitor, for more than 6 months out of a year, you lose your right to provincial health care and may be considered a resident for tax purposes

good luck

USCIS
August 12, 2008 - petition sent
August 16, 2008 - NOA-1
February 10, 2009 - NOA-2
178 DAYS FROM NOA-1


NVC
February 13, 2009 - NVC case number assigned
March 12, 2009 - Case Complete
25 DAY TRIP THROUGH NVC


Medical
May 4, 2009


Interview
May, 26, 2009


POE - June 20, 2009 Toronto - Atlanta, GA

Removal of Conditions
Filed - April 14, 2011
Biometrics - June 2, 2011 (early)
Approval - November 9, 2011
209 DAY TRIP TO REMOVE CONDITIONS

Citizenship

April 29, 2013 - NOA1 for petition received

September 10, 2013 Interview - decision could not be made.

April 15, 2014 APPROVED. Wait for oath ceremony

Waited...

September 29, 2015 - sent letter to senator.

October 16, 2015 - US Citizen

Link to comment
Share on other sites

Filed: K-1 Visa Country: Taiwan
Timeline

2. NO, if you are married you are married - you would not qualify for a fiance visa at that time.

The question posed was:

"2.) If after 6 months we decide we want to get married, can I then apply for a fiance visa to have an additonal 90 days there with him?"

She did not say they were married but WANTED to get married thus starting the process. I'm guessing the answer is still NO but can someone answer/confirm this?

Link to comment
Share on other sites

Filed: K-1 Visa Country: Wales
Timeline

confirmed.

I vote for him moving on a work visa.

“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

Link to comment
Share on other sites

Filed: Country: Australia
Timeline

The K1 does not allow 90 "additional" days. What it allows is once approved you are able to travel to the US with your K1 visa and MUST marry your fiancé within the 90 days or your K1 is void and you must return back to your country and start over.

~OUR STORY~

4/2012: Met online and began this cRaZY journey

9/2/2011: He proposed and I said YES!!After multiple trips back and forth.....

7/4/2012: He entered USA at LAX on B2 to visit 6 months

8/8/2012: We got married!!8/8/2012: AOS packet sent (Day 0)

8/10/2012: Packet signed for at 11:48a (Day 2)

8/14/2012: We got our txt/email notifications (all 4) (Day 6)

8/16/2012: Checks cashed.. (Day 8)

8/23/2012: Biometrics letter received via "snail mail" today.. September 7th at 12p in Sacramento CA (Day 15)

8/27/2012: Finally received all 4 NOA1 hard copies via US mail (Day 19)

9/7/2012: Biometrics completed!! (Day 30)

9/19/2012: Received txt message for interview!! October 22nd, 2012.. (Day 42)

9/21/2012: And the interview letter comes in snail mail.. October 22nd, 2pm in Sacramento..Time to get the final stuff together.. (Day 44)

10/16/3012: Received txt msg, EAD is approved and card being mailed. Right before interview and not really needed anyhow!! (Day 69)

10/19/2012: After a bunch of repetitive text messages, my husband received his combo card EAD/AP.. Of course four days before our interview!! (Day 72)

10/22/2012: Interview.. APPROVED!! (Day 75) Next journey ROC!!

10/29/2012: Green Card received in US mail... (Day 82) WOO HOO!!

~ROC BEGINS!!~

08/25/2014: Lifting Conditions Packet Mailed to CA service center (Day 0)

08/27/2014: NOA1 Receipt (Day 2)

09/05/2014: Biometrics letter received via "snail mail" Set for September 15th at 10a in Sacramento CA (Day 11)

09/15/2014: Biometric completed... now we wait!! (Day 21)

11/21/2014: Card/Document Production email received!! (Day 88)

12/01/2014: Card arrives in our mailbox.. this chapter is over... (Day 98) Next is citizenship!!

Link to comment
Share on other sites

Filed: AOS (apr) Country: Australia
Timeline

The K1 does not allow 90 "additional" days. What it allows is once approved you are able to travel to the US with your K1 visa and MUST marry your fiancé within the 90 days or your K1 is void and you must return back to your country and start over.

And you would not get the k-1 approved in time to just tack on 90 days at the end of your 6 months. LOL. The k-1 is taking 6-10 months right now.

You best bet is to come to the US, stay for 6 months and then decide what to do, get married, continue long ditance, apply for K-1 etc

OF course the Canadian work visa is an option too but then you're in Canada not the US.

Edited by Xanax

We became a couple : 2011-05-29
I visited him : 2011-10-28 - 2011-11-17
He visited me (and my crazy family) : 2012-02-05 - 2012-02-17
I-129F Sent : 2012-02-05
I-129F NOA1 : 2012-02-14
I entered on VWP to stay 3 months: 2012-04-11 - 2012-07-03
---
Went to get my medical done for interview in Australia (much cheaper in the US and I was already here):2012-05-20
Medical issue diagnosed
K-1 petition cancellation request sent to CSC : 2012-06-01
Married: 2012-06-21
Filed for AOS : 2012-08-08
NOA1 : 2012-08-10
Biometrics : 2012-09-14
EAD approved : 2012-10-16
Applied for SSN : 2012-11-01
Received SSN : 2012-11-13
Received interview notice :2012-12-27
Interview- APPROVED :2013-01-28
Green card received :2013-02-04
Baby girl born :2013-03-09

Filed for ROC :2014-12-05
NOA :2014-12-11
Biometrics : 2015-01-15

ROC Approval : 2015-05-14

Link to comment
Share on other sites

 
Didn't find the answer you were looking for? Ask our VJ Immigration Lawyers.

Create an account or sign in to comment

You need to be a member in order to leave a comment

Create an account

Sign up for a new account in our community. It's easy!

Register a new account

Sign in

Already have an account? Sign in here.

Sign In Now
- Back to Top -

Important Disclaimer: Please read carefully the Visajourney.com Terms of Service. If you do not agree to the Terms of Service you should not access or view any page (including this page) on VisaJourney.com. Answers and comments provided on Visajourney.com Forums are general information, and are not intended to substitute for informed professional medical, psychiatric, psychological, tax, legal, investment, accounting, or other professional advice. Visajourney.com does not endorse, and expressly disclaims liability for any product, manufacturer, distributor, service or service provider mentioned or any opinion expressed in answers or comments. VisaJourney.com does not condone immigration fraud in any way, shape or manner. VisaJourney.com recommends that if any member or user knows directly of someone involved in fraudulent or illegal activity, that they report such activity directly to the Department of Homeland Security, Immigration and Customs Enforcement. You can contact ICE via email at Immigration.Reply@dhs.gov or you can telephone ICE at 1-866-347-2423. All reported threads/posts containing reference to immigration fraud or illegal activities will be removed from this board. If you feel that you have found inappropriate content, please let us know by contacting us here with a url link to that content. Thank you.
×
×
  • Create New...