Don't know what to say!

[ricky and elaine 8]

Hi Everyone! My fiance and I filed a K1 a month ago. We have decided to switch to CR1 mainly because of the ability to travel etc when granted (have an elderly dad in Canada) I am going to see my fiance next week in the US and we are going to get married. I will be coming back home to wait out the process. What do I say I am going to the US for? "Oh we filed a k1 and we are abandoning that and doing a CR1 and I am getting married but coming home?" It sounds too complicated but true!! I know bring proof of ties to Canada which I have many. Isn't the "purpose of visit" question...visiting my fiance?...he does live in Las Vegas!!

I know be honest...but I'm just not sure which way to approach it...And NO I'm not bringing a wedding gown. It will be him and I and Elvis for all I know! lol

1) do i need to say I am visiting during a k1 process?

2) do I need to say I am getting married?

3) should I say we are changing to CR1?

[canadian_wife 1,808]

You should answer every question honestly but not offer any more information. If asked the purpose of your visit, state you are visiting your fiance. If asked when you intend to get married, say something generic like 'the fall of 2013"

no need to be specific unless specifically asked

good luck

PS - you know there is not switching. You have to file the petition all over again right?

[ricky and elaine 8]

You should answer every question honestly but not offer any more information. If asked the purpose of your visit, state you are visiting your fiance. If asked when you intend to get married, say something generic like 'the fall of 2013"

no need to be specific unless specifically asked

good luck

PS - you know there is not switching. You have to file the petition all over again right?

Yes i realize..I will come back to Canada change my id to married name and we will file all over again...! I hope its on this site where to send it! or is it Texas Lockbox like k1's?

[hikergirl 277]

When I went down he asked me business or pleasure? Pleasure

What are you doing while you’re down there? A road trip down to FL.

For you your answer could be outlet shopping or whatever you tend to do in Vegas.

If you have no concrete plans then you are not lying when you say you have no plans.

[hikergirl 277]

Yes i realize..I will come back to Canada change my id to married name and we will file all over again...! I hope its on this site where to send it! or is it Texas Lockbox like k1's?

The I-130 application does not require you to change your ID before filing. The Chicago Lockbox address is on the instructions.

You can take your time doing that, just make sure you have your passport done for NVC. It’s a bit of a PITA doing a name change for your passport because you have to use the long form (with guarantors) and Service Canada offices can’t take them. You have to either bring them to a Passport Canada office or mail them in.

If you don’t have a long form of your Birth Certificate I would get that ordered sooner than later as well.

*that being said - put your married name on the petition.

Edited March 30, 2013 by hikergirl

[NikLR 13,227]

Service Canada took my passport when I changed it last year in June. As long as your next trip is longer than the deadline they have (6 weeks) they should take them. But it does suck having to do the guarantors. It is easier than it was 5 years ago though because now anyone who has known you for over 2 years, has a valid or less than 1 year old expired passport than be your guarantor. Before it had to be a professional, like a doctor or laywer etc... UGH!

If it were me I'd say I was visiting my fiance but I also say each time that I'm going to visit my husband when I visit him. Just bring your proof, pack lightly and have a return date. Should be fine. I would not mention the K1 because you're going down to get married and that nullifies it. LOL You don't need to mention the CR1 either unless they start asking specific questions like when are you getting married and who is moving where. I have been asked those questions as well.

[hikergirl 277]

http://www.ppt.gc.ca/info/agents.aspx?lang=eng

Receiving agents are not allowed to take name changes anymore or if the old passport has more than a year on it.

Fortunately for me Svc Canada wouldn’t take my application in Dec because I had both circumstances. Hubby and my kid gave me a flight the next day (for a few weeks later) and my passport wouldn’t have made it back in time.

[Kathryn41 3,205]

Something I found useful is to volunteer the right amount of the right information. For example, when asked where I was going or what the purpose of my visit was I would say "I'm going to Atlanta to visit with my fiancee until Monday and then I'm returning home." and I would include a copy of my flight information and itinerary with my passport when I handed it over. You are unlikely to get a further questions after volunteering your return date, but if you do and they ask when are you getting married, an honest response is 'It depends on the paperwork. We have filed for a K-1 fiancee visa" which is true for whatever visa you pursue, and have copies of your K-1 documentation with you as it is still valid until you cancel it or get married. You have thereby offered reassurance that you have plans and arrangements to return to Canada, and you are familiar with the immigration process and have already initiated it. Plans to change to a different visa process in the near future do not negate your current situation. While you are thinking of getting married on this visit and returning home to pursue a CR-1 visa, you may still change your minds and not get married on this visit, so until you are married or until you have withdrawn the K-1 you are a K-1 applicant. Planning to get married and then return to Canada is not considered any grounds for denial of entry so not volunteering that information is not a liability. You have no intention of staying in the US. You have no intention of violating or even 'stretching' any immigration regulation.

You may or may not get sent to secondary - that's the luck of the draw - and as others have said, make sure you pack no more than is reasonable for the length of your visit, have your return ticket, and carry both proof of your ties to Canada and a copy of the K-1 package.

None of this changes if you do get married while you are in the US. What changes is your next visit to the US, when you would say you are visiting your husband. You would approach it in exactly the same way and carry proof of your CR-1 petition. (You could even carry proof that you have cancelled the K-1 if you wanted to be really prepared for any possible question). You are not trying to hide any information;you are not trying to bypass immigration or do anything illegal; you are really just trying to protect yourself from an unreasonable border guard throwing his weight around and gain an 'immigration benefit' for which you are eligible.

Edited April 1, 2013 by Kathryn41

[ricky and elaine 8]

Something I found useful is to volunteer the right amount of the right information. For example, when asked where I was going or what the purpose of my visit was I would say "I'm going to Atlanta to visit with my fiancee until Monday and then I'm returning home." and I would include a copy of my flight information and itinerary with my passport when I handed it over. You are unlikely to get a further questions after volunteering your return date, but if you do and they ask when are you getting married, an honest response is 'It depends on the paperwork. We have filed for a K-1 fiancee visa" which is true for whatever visa you pursue, and have copies of your K-1 documentation with you as it is still valid until you cancel it or get married. You have thereby offered reassurance that you have plans and arrangements to return to Canada, and you are familiar with the immigration process and have already initiated it. Plans to change to a different visa process in the near future do not negate your current situation. While you are thinking of getting married on this visit and returning home to pursue a CR-1 visa, you may still change your minds and not get married on this visit, so until you are married or until you have withdrawn the K-1 you are a K-1 applicant. Planning to get married and then return to Canada is not considered any grounds for denial of entry so not volunteering that information is not a liability. You have no intention of staying in the US. You have no intention of violating or even 'stretching' any immigration regulation.

You may or may not get sent to secondary - that's the luck of the draw - and as others have said, make sure you pack no more than is reasonable for the length of your visit, have your return ticket, and carry both proof of your ties to Canada and a copy of the K-1 package.

None of this changes if you do get married while you are in the US. What changes is your next visit to the US, when you would say you are visiting your husband. You would approach it in exactly the same way and carry proof of your CR-1 petition. (You could even carry proof that you have cancelled the K-1 if you wanted to be really prepared for any possible question). You are not trying to hide any information;you are not trying to bypass immigration or do anything illegal; you are really just trying to protect yourself from an unreasonable border guard throwing his weight around and gain an 'immigration benefit' for which you are eligible.

Thank you!! Clear, concise answer!

[NikLR 13,227]

http://www.ppt.gc.ca/info/agents.aspx?lang=eng

Receiving agents are not allowed to take name changes anymore or if the old passport has more than a year on it.

Fortunately for me Svc Canada wouldn’t take my application in Dec because I had both circumstances. Hubby and my kid gave me a flight the next day (for a few weeks later) and my passport wouldn’t have made it back in time.

I see the difference. My passport was already expired, I wasn't just changing the name. I love figuring out why something happens.

[moemac59 192]

Thank you!! Clear, concise answer!

You may even want to go one step further and bring a letter from your employer stating the date of your return to work. I had a template of this letter at work and would just change the dates of travel on it and then would printit on company letterhead and get my boss to sign it. Whenever I crossed over (every 2nd weekend) I always had a copy of my NOA 1 then 2 after it was issued, the letter from my employer, a copy of my lease agreement and the most current copy of utility bills, cable bill, and bank statement. I got a hassle once and then pulled out all this info. When the US CBP agent saw all of this, he laughed and asked how I knew to bring all of these items with me. I told him research. They just want to see that you have ties to Canada, that you have filed your paperwork and have the intent to return to Canada and wait until your visa is issued. When you visit, always come back the day that you say you are returning and make sure that you always have a return ticket as USCIS CBP agents will check this.