Filing K-1 and Visitation situation (Please help!)

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My fiance Jeremy ( Canadian Citizen ) and I ( American Citizen ) will be filing for our K-1 soon. I'm currently here visiting him in Canada. We're crossing our fingers for a speedy processing time ( who isn't ). What we want to do is after the K-1 filing, I'll be going back to the U.S ( where I have a place to live and a guaranteed job waiting for me ), and he'll be coming to visit me for the 6 month allowed visitation ( like most couples doing the K-1 try to do ).

Here's the situation. My fiance's parents have been wonderful enough to let me stay with them and my fiance during my visit in Canada, however when we tell them about my wanting to go back to the States and bringing my fiance with me, we're 11O% sure they will completely hit the roof ( Don't ask. His parents, although generous in letting me stay in their house, are extremely short wired and very unreasonable ). So when he comes down to the U.S with me to visit for the 6 months, and the K-1 doesn't get approved within that time, he will literally have no place to stay when he returns to Canada. Remember how I mentioned how his parents are unreasonable? When told this information it's almost guaranteed they will no longer allow him to stay with them while we wait out the rest of our K-1 processing time when he returns to Canada after the end of his visitation, regardless if he's their son or not and that what he's doing makes him happy..

I have this thought rolling in my mind that maybe we could try extending his U.S visiting visa for an extra month or two, explaining our situation and hoping a hopeless romantic is working the desk that day, but as you'd imagine I'm not even sure how that works, or if it does.

I'm extremely stressed, we both are. And any information on this topic would be so much help to me. Thank you.

Edited February 18, 2013 by Jeremy&Amanda

[Ismail+Cassie 36]

Honestly what Id do is not tell his parents yet Just say hes coming to visit you or ur family and stay for a while, that u miss home.. Cant u do that? Most everyone gets their NOA2 and approved that far, its the interveiw after that, that some people may get into troubles or denied by the way

[Enigma11561 336]

Sorry but there are no hopeless romantics there. You need to play within the rules and just try to work it out as best as you can.

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Honestly what Id do is not tell his parents yet Just say hes coming to visit you or ur family and stay for a while, that u miss home.. Cant u do that? Most everyone gets their NOA2 and approved that far, its the interveiw after that, that some people may get into troubles or denied by the way

Woah woah wait a second, so at which part in the K-1 does the fiance get to stay in the States legally? Is that the NOA2?

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Sorry but there are no hopeless romantics there. You need to play within the rules and just try to work it out as best as you can.

It's not about playing outside the rules, it's about my fiance's parents being so unreasonable and so unbearable that they wouldn't support their son wanting to be happy with his soon to be wife, and in turn being so spiteful that if he needed a place to say they wouldn't allow it.

[Alaska2012 462]

Woah woah wait a second, so at which part in the K-1 does the fiance get to stay in the States legally? Is that the NOA2?

He can stay in the us during the k1 application for as long as he is allowed, but over staying is a big no no! He will have to return to Canada when his time is up. Not being able to live with his parents won't be a reason for him to stay longer.

The noa2 is when your I-129 is approved before your file is sent to the NVC.

Edited February 18, 2013 by Alaska2012

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He can stay in the us during the k1 application for as long as he is allowed, but over staying is a big no no! He will have to return to Canada when his time is up. Not being able to live with his parents won't be a reason for him to stay longer.

The noa2 is when your I-129 is approved before your file is sent to the NVC.

Of course! I'd never have him overstay. I wouldn't risk our future in such a way, we're doing everything legally.

I'm just trying to figure out at which point he's allowed to stay in the U.S for the rest of the application processing with me.

[Waugh1308 0]

Of course! I'd never have him overstay. I wouldn't risk our future in such a way, we're doing everything legally.

I'm just trying to figure out at which point he's allowed to stay in the U.S for the rest of the application processing with me.

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He will only be allowed to legally stay and live in the states once he has been issued the visa. So after submitting all the necessary paperwork, your fiancé will need to go to an interview before being issued the visa. He cannot stay in the US legally for more than 6 months until he has gone to the interview and been approved and has his visa in hand.

I should add that all that paperwork (the petition) must be approved first, too. That's the hardest part. Waiting for the NOA2!

Edited February 18, 2013 by Waugh1308

[Alaska2012 462]

Of course! I'd never have him overstay. I wouldn't risk our future in such a way, we're doing everything legally.

I'm just trying to figure out at which point he's allowed to stay in the U.S for the rest of the application processing with me.

Well since you don't know how long the process will take there is no way of knowing when he'll be able to stay with you and wait it out, after all he have to go back after 6 months. he will also have to go back for the medicals and the interview.

Also bear in mind that when crossing the border, if they realize that he is doing a K1 they might ask for strong ties to Canada in order to let him in..

Edited February 18, 2013 by Alaska2012

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Well since you don't know how long the process will take there is no way of knowing when he'll be able to stay with you and wait it out, besides he will have to go back for the medicals and the interview.

Going back for the medicals and the interview will be no problem, as we'll be able to drive and stay in a hotel. It's the time past his 6 month visitation in the states ( if our K-1 doesn't get approved within that time ) that's worrying me, because when he goes back to Canada he'll have no where to stay thanks to his parents.

He will only be allowed to legally stay and live in the states once he has been issued the visa. So after submitting all the necessary paperwork, your fiancé will need to go to an interview before being issued the visa. He cannot stay in the US legally for more than 6 months until he has gone to the interview and been approved and has his visa in hand.

I should add that all that paperwork (the petition) must be approved first, too. That's the hardest part. Waiting for the NOA2!

Yeah I understand. I've seen lots of cases that have gotten approved within the 6 months, I just don't know if that'll be our case as well. I'm hoping and praying it will be..

Edited February 18, 2013 by Jeremy&Amanda

[Alaska2012 462]

Going back for the medicals and the interview will be no problem, as we'll be able to drive and stay in a hotel. It's the time past his 6 month visitation in the states ( if our K-1 doesn't get approved within that time ) that's worrying me, because when he goes back to Canada he'll have no where to stay thanks to his parents.

Yeah I understand. I've seen lots of cases that have gotten approved within the 6 months, I just don't know if that'll be our case as well. I'm hoping and praying it will be..

6 months is hoping for a miracle at the moment, everything is going super slow right now.

What will he do if the customs won't let him in the us when he goes back with you? If they suspect him moving and not just visiting they might not let him in.

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6 months is hoping for a miracle at the moment, everything is going super slow right now.

What will he do if the customs won't let him in the us when he goes back with you? If they suspect him moving and not just visiting they might not let him in.

Well he's never visited the states before, and if our K-1 comes up in the questioning, I'm hoping they could take our word for it that we will not be doing anything illegally, including his visitation. He WILL be leaving after his visit, we'd have to be stupid to risk our happiness like that.

But then again most Custom crosses are a gamble it seems.

Also yikes, why is everything going slow?

[Alaska2012 462]

Well he's never visited the states before, and if our K-1 comes up in the questioning, I'm hoping they could take our word for it that we will not be doing anything illegally, including his visitation. He WILL be leaving after his visit, we'd have to be stupid to risk our happiness like that.

But then again most Custom crosses are a gamble it seems.

Also yikes, why is everything going slow?

They are just really back logged, according to the timelines here on VJ people who filed in August are getting their Noa2 right now, so that is about 6 months but then it has to go through NVC before you can schedule your interview. So if all goes smooth these people might have their visas in hand around the 8 months mark.... But there are also a lot of people here on VJ who filed in July and still haven't heard anything so....

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They are just really back logged, according to the timelines here on VJ people who filed in August are getting their Noa2 right now, so that is about 6 months but then it has to go through NVC before you can schedule your interview. So if all goes smooth these people might have their visas in hand around the 8 months mark.... But there are also a lot of people here on VJ who filed in July and still haven't heard anything so....

I see..

Man, none of this would be troublesome if it weren't for his parents..after the 6 month visit, assuming he makes it through customs, 2-3 months apart will suck of course, but it wouldn't be horrible. But he just has no where else to stay when he returns to Canada, assuming his parents have the reaction we know they will.

[Ismail+Cassie 36]

Woah woah wait a second, so at which part in the K-1 does the fiance get to stay in the States legally? Is that the NOA2?

NOA2 is the longest but only the first step Then you got a bit at nvc, then its sent to canada consulate, then they will send u a packet with a list of things he will need to send in then take to the interview(which of course is in canada) then he will schedule his interview and have his medical done before that, then if he is issued it right away (no administrating processing, or sent away to send in extra proof) then he will wait a few weeks to get his visa THEN he can come and stay in the us Check the flowchart under guides which is at the top of the page helps alot! also I think he must be in canada and stay there once the package is sent from the us canadian consulate

Oh ya and thats still might be a more then 6 month wait for your noa2

Edited February 18, 2013 by Ismail+Cassie