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Filed: Timeline
Posted

Hello!

I'm an American Citizen. My fiance is a Canadian Citizen. I'm currently visiting him in Canada, and we've decided we want to move back to the U.S with my family. My question is, is there a way for us to remain together during the K-1 Processing? Can we go ahead and move back to the U.S and have him stay with me? If not, is there ANY way for us to be able to remain together while we start his immigration process? We were in a long distance relationship for 4 years, so understand our hesitation at the idea of having to be apart again, it's completely heart breaking.

Also the K-1 Visa processing time is 3 months correct?

Any advice or information would be very much appreciated, thank you. ♥

Filed: Citizen (apr) Country: Canada
Timeline
Posted

The K-1 will take 6-10 months from start to finish. The 3 months you get might be for USCIS processing.

No, the Canadian cannot move to the US without a visa, they may VISIT, but not move. The medical and interview must be done in Canada.

Separation may be part of this journey, as it is for most people. Canadians may visit for up to 180 days, but be sure he does not overstay

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

Filed: Timeline
Posted

So at best I can apply him for a K-1, then have him come back with me when I move back to visit for his 180 days, correct? 6 months together out of the 1O maximum for processing time ( hell, we might even get lucky and have our package processed within the 6-7 months ) is better than nothing in my books.

Filed: K-1 Visa Country: United Kingdom
Timeline
Posted

We were the same as you. We did not want to be apart no matter what after spending 15 months together travelling. You're looking at least 10 months at the moment the rate they are processing visas. We are in our 7th month and just received our NOA2 last week.

The only option you have if you want to stay together is to stay in each others countries on tourist visas. I went to the US for 90 days after we finished travelling and now she is here with me for 6 months until all of this is done with. I am working to support us both.

Filed: Citizen (apr) Country: Haiti
Timeline
Posted (edited)

My K-1 took 8 months 1 week (from the day I sent it to the day the Visa was approved.) So, I don't think you're looking at 3 months. The allowed visit stay is 180 days (about 6 months). So, maybe he can live with you for that long and then if possible, you do a stay in Canada... By then, the petition might already be approved, and maybe even the visa issued... Good luck!!! :)

Edited by mtcmk1

To see a more detailed journey schedule, please see the About Me page and my Timeline.

Our K1 Process

June 7, 2012 -- Sent I-129F to June 9, 2013 -- Religious & Civil Wedding Ceremony in CT

FROM I-129f NOA1 to VISA APPROVAL: Exactly 8 months! No RFEs

Our AOS Process

July 16, 2013 -- Mailed AOS, EAD, and AP Paperwork to December 21, 2013 -- Received GC Card in the Mail!

FROM NOA1 to GREEN CARD in Hand: Exactly 4 months 27 days! No Interview or RFEs.

Our ROC Process

September 21, 2015 -- Mailed ROC Paperwork to August 6, 2016 -- Received Card in the Mail!

FROM NOA1 to GREEN CARD in Hand: Exactly 10 months 10 days! No Interview or RFEs.

Our {His} N-400 Process

Eligible to Apply for Citizenship on September 14, 2016.

October 4, 2016 -- Mailed N-400 Paperwork.

November 8, 2016 -- Completed Biometrics.

May 6, 2017 -- Received Interview Letter in the Mail.

June 8, 2017 -- Interview Passed!

June 16, 2017 -- Oath Ceremony! He is a USC!!

FROM Application to CITIZENSHIP: Exactly 8 months 13 days! No RFEs.

== I am the Petitioner/Sponsor/Citizen Spouse ==

Filed: Timeline
Posted

Okay, thanks for the information! I'm nearing the end of my maximum visit in Canada, so I'll make sure to have him renew his passport and get our K-1 rolling ASAP. At most we may have to be apart for a few days while I go back to the U.S and he waits for his passport renewal ( 2O day processing time and all that jazz ), but that should be fine.

Thank you all ♥

Posted

Okay, thanks for the information! I'm nearing the end of my maximum visit in Canada, so I'll make sure to have him renew his passport and get our K-1 rolling ASAP. At most we may have to be apart for a few days while I go back to the U.S and he waits for his passport renewal ( 2O day processing time and all that jazz ), but that should be fine.

Thank you all ♥

Bear in mind that while, technically, he is allowed to visit you in the U.S. while the K1 is pending, he may not be let in, in fact, at POE, unless he has proof of ties in Canada and can show that he intends to go back, and not just stay forever. If he shows up at the U.S border without being able to show that he has a job to get back to and a place in Canada where he's paying rent, he might not be admitted.

Filed: Timeline
Posted (edited)

Bear in mind that while, technically, he is allowed to visit you in the U.S. while the K1 is pending, he may not be let in, in fact, at POE, unless he has proof of ties in Canada and can show that he intends to go back, and not just stay forever. If he shows up at the U.S border without being able to show that he has a job to get back to and a place in Canada where he's paying rent, he might not be admitted.

I understand. However the first time I went to Canada to visit ( having never visited before ), they just let me right through ( only questions were why I was visiting, how I met my boyfriend whom I was visiting, etc. ). So I'm crossing my fingers for the same outcome for him seeing as he also has never visited the States. Depends on what POE officer you get though, hopefully we'll get a cheery one ><

However if he needs a reason to how he has ties to Canada, will the fact that he's attending college help?

Edited by AQuestions
Filed: Lift. Cond. (apr) Country: China
Timeline
Posted

I understand. However the first time I went to Canada to visit ( having never visited before ), they just let me right through ( only questions were why I was visiting, how I met my boyfriend whom I was visiting, etc. ). So I'm crossing my fingers for the same outcome for him seeing as he also has never visited the States. Depends on what POE officer you get though, hopefully we'll get a cheery one ><

However if he needs a reason to how he has ties to Canada, will the fact that he's attending college help?

Welcome to the forum.

Look at the pinned "sticky" at the top of the Forum page, "Yes, you can visit!" for more details and great information:

http://www.visajourney.com/forums/topic/67796-yes-you-can-visit/

Happy trails!

Completed: K1/K2 (271 days) - AOS/EAD/AP (134 days) - ROC (279 days)

"Si vis amari, ama" - Seneca

 

 

 

Posted

I understand. However the first time I went to Canada to visit ( having never visited before ), they just let me right through ( only questions were why I was visiting, how I met my boyfriend whom I was visiting, etc. ). So I'm crossing my fingers for the same outcome for him seeing as he also has never visited the States. Depends on what POE officer you get though, hopefully we'll get a cheery one ><

However if he needs a reason to how he has ties to Canada, will the fact that he's attending college help?

Coming in as a tourist is no problem, but now, with his visa pending, if they look him up and see he's in the system as a K1 applicant, that would be a red flag. BTW How's he going to visit you for 6 months if he's going to college?)I have a special interest in this because I'm hoping to visit my fiance in the US to go to Coachella, which we already have tickets to. To prepare for the worst, I'm a) getting flight insurance, and b) flying out of Vancouver where you pass US customs before leaving the ground, and where my car will be parked, so if I'm denied entry, I won't be stuck in California with no return flight and several hundred dollars out of pocket.

Filed: Timeline
Posted

Coming in as a tourist is no problem, but now, with his visa pending, if they look him up and see he's in the system as a K1 applicant, that would be a red flag. BTW How's he going to visit you for 6 months if he's going to college?)I have a special interest in this because I'm hoping to visit my fiance in the US to go to Coachella, which we already have tickets to. To prepare for the worst, I'm a) getting flight insurance, and b) flying out of Vancouver where you pass US customs before leaving the ground, and where my car will be parked, so if I'm denied entry, I won't be stuck in California with no return flight and several hundred dollars out of pocket.

I suppose college was a bad example, since after our K-1 is approved and ( long in the future obviously ) we get his immigration and whatnot done with he'd like to continue his education down there. I actually found a really helpful story from the above link, the one about Michele and Adam ( Adam in England, Michele in U.S ) They both visited numerous times, saying that they were visiting to see their boyfriend/girlfriend. Were told not to get married while visiting, obviously they agreed, and were able to visit without a hitch, no "proof" of ties were needed each visitation. As long as you're truthful and show that you don't plan on getting married while you're visiting.

I do have one more question though, I'm still visiting Canada, can I apply for the K-1 while in Canada? Or does it matter.

Posted

I suppose college was a bad example, since after our K-1 is approved and ( long in the future obviously ) we get his immigration and whatnot done with he'd like to continue his education down there. I actually found a really helpful story from the above link, the one about Michele and Adam ( Adam in England, Michele in U.S ) They both visited numerous times, saying that they were visiting to see their boyfriend/girlfriend. Were told not to get married while visiting, obviously they agreed, and were able to visit without a hitch, no "proof" of ties were needed each visitation. As long as you're truthful and show that you don't plan on getting married while you're visiting.

I do have one more question though, I'm still visiting Canada, can I apply for the K-1 while in Canada? Or does it matter.

Hopefully, visiting "without a hitch" is in the cards for both of us!

Filed: Citizen (apr) Country: Canada
Timeline
Posted

YES, read the directions as to where to send it in the US

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

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

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