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Military_wife

Living in the US Prior to Paper work?

By Military_wife in General Immigration-Related Discussion

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Military_wife Newbie

Military_wife   0

Posted
Filed: Country: Canada
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I am currently a Canadian Citizen and Resident, looking to live with my American husband who is station in Beaufort, South Carolina. He is a citizen of United States and is serving in the military. From my understanding I am allowed to lawfully be in the States for up to six months without requiring a Visa. Does anyone know if there will be any problem with me starting paper work like the I-130 and then the K3 while I live in the United States? I plan to go down and live there at the end of May PRIOR to starting my paper work. I've heard horror stories where once the paper work has started I can not leave the united states or re-enter if I did leave. Also, if I did do that, would the border give me trouble for letting them know I intended to stay down there? I just did not want to run into any problems! If anyone knows the answer to this, that would be greatly appreciated, thank you!

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TBoneTX Grand Master

TBoneTX   45,345

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Filed: Citizen (apr) Country: Ecuador
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Welcome to VisaJourney! The K-3 visa is pretty much no longer available (the CR-1 is superior, regardless). Because of your several questions about various subjects, I'll transfer your thread to the "General Immigration-Related Discussion" forum for now. Folks should be along soon with some good advice. :)

06-04-2007 = TSC stamps postal return-receipt for I-129f.

06-11-2007 = NOA1 date (unknown to me).

07-20-2007 = Phoned Immigration Officer; got WAC#; where's NOA1?

09-25-2007 = Touch (first-ever).

09-28-2007 = NOA1, 23 days after their 45-day promise to send it (grrrr).

10-20 & 11-14-2007 = Phoned ImmOffs; "still pending."

12-11-2007 = 180 days; file is "between workstations, may be early Jan."; touches 12/11 & 12/12.

12-18-2007 = Call; file is with Division 9 ofcr. (bckgrnd check); e-prompt to shake it; touch.

12-19-2007 = NOA2 by e-mail & web, dated 12-18-07 (187 days; 201 per VJ); in mail 12/24/07.

01-09-2008 = File from USCIS to NVC, 1-4-08; NVC creates file, 1/15/08; to consulate 1/16/08.

01-23-2008 = Consulate gets file; outdated Packet 4 mailed to fiancee 1/27/08; rec'd 3/3/08.

04-29-2008 = Fiancee's 4-min. consular interview, 8:30 a.m.; much evidence brought but not allowed to be presented (consul: "More proof! Second interview! Bring your fiance!").

05-05-2008 = Infuriating $12 call to non-English-speaking consulate appointment-setter.

05-06-2008 = Better $12 call to English-speaker; "joint" interview date 6/30/08 (my selection).

06-30-2008 = Stokes Interrogations w/Ecuadorian (not USC); "wait 2 weeks; we'll mail her."

07-2008 = Daily calls to DOS: "currently processing"; 8/05 = Phoned consulate, got Section Chief; wrote him.

08-07-08 = E-mail from consulate, promising to issue visa "as soon as we get her passport" (on 8/12, per DHL).

08-27-08 = Phoned consulate (they "couldn't find" our file); visa DHL'd 8/28; in hand 9/1; through POE on 10/9 with NO hassles(!).

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NikLR Grand Master

NikLR   13,227

Posted
Filed: Lift. Cond. (apr) Country: Canada
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Posted

The border will not let you cross if you intend to stay in the USA. To do thus properly you need to have your husband file the I-130 petition and proceed from there. You will be allowed to visit but you may be asked to provide ties to Canada showing that you're not trying to immigrate without the proper approved visa. The chances of being asked for ties or being denied goes up with how much longer you plan on staying in the USA.

The horror stories you hear about people not leaving the USA is from people who are adjusting their status. At the point a person cannot leave without proper consent called advance parole. However, adjusting status can only be done on a K1 visa (and the rarely granted K3) or if you did not intend to marry and immigrate when you entered the USA. To lie to the POE officer is fraud and can earn you quite the ban.

Your safest bet is to start the paperwork, make shorter visits, bring proof of ties to Canada if asked to provide such, then move down after your CR1 visa is approved at the Montreal Consulate. Should your husband have deployment orders it may help expedite your petition.

Best of luck to you. My husband was in the air force, what branch is yours in?

You have brains in your head. You have feet in your shoes. You can steer yourself any direction you choose.  - Dr. Seuss

 

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NikLR Grand Master

NikLR   13,227

Posted
Filed: Lift. Cond. (apr) Country: Canada
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Posted

I apologize for grammar and spelling mistakes. I'm on my phone. Lol.

You have brains in your head. You have feet in your shoes. You can steer yourself any direction you choose.  - Dr. Seuss

 

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Military_wife Newbie

Military_wife   0

Posted
Filed: Country: Canada
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Thank you so much for your reply! My husband is in the marine devision. He is in his first year only. (So three more years + reserve left) :( How about your husband?? I will definitely make sure to have the paper work done before I head down then. Will I have to go anywhere for the interview? Or do they expect me to go all the way to Montreal? I am currently in Toronto.

Thank you again!

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