Fiance/Marriage Visa Question

[skiptex 225]

Look.. read the guides over and over..

Go to k1 to k1 forum.. look at sll the pleaee help me questions. . Then look at the forms they are talking about and see where they madei mstakes..

For now.. ur trying to understand every little detail at once.. slow down..

For now..

Have u met the Canadian yet?

Do u have job that pays 125% over poverty level?

[pachacuti 154]

^{Our K-1 Fiancé visa took from Feb 7th 2012 till January 9th 2013 to be approved and my now husband was in the US on January 31st. Now they say you have 6 months to enter the US with this visa, but let me tell you my husband Visa expired on Feb 28th, 2013.}

^{Just be prepared to hurry up then wait!!!!!!! But I can tell you we got approved on August 3rd or 4th of 2012 and his interview with the embassy was on September 6th 2012. Then there was some complications and the embassy sent him the wrong paperwork in someone else name, but if it wasn’t for that he would have been here in October(ish) ….}

^{I agree with the above statement that they said if you are filing for a k-1 fiancé visa to start now. I believe that cost us $340 to file, then the AOS once my husband was here cost us $1070.00}

^{It’s a long and irritating process, but it is totally worth it and I would do it all over again if it met my husband was here with me in the end again!!!!!!!}

^{Good Luck =)}

Really? They only issued him a visa that he had to use within 50 days of issue? Is this normal or was that some administrative mistake?

[KayDeeCee 4,893]

Really? They only issued him a visa that he had to use within 50 days of issue? Is this normal or was that some administrative mistake?

It is usually 6 months. It can be a shorter time based on when you had your medical done. Since they interviewed back in Sept., there had already been months since the medical was done, so a shorter expiration on the visa happened.

[pachacuti 154]

It is usually 6 months. It can be a shorter time based on when you had your medical done. Since they interviewed back in Sept., there had already been months since the medical was done, so a shorter expiration on the visa happened.

Good to know. Thanks.

[Cilian7 1]

Look.. read the guides over and over..

Go to k1 to k1 forum.. look at sll the pleaee help me questions. . Then look at the forms they are talking about and see where they madei mstakes..

For now.. ur trying to understand every little detail at once.. slow down..

For now..

Have u met the Canadian yet?

Do u have job that pays 125% over poverty level?

Thank you for the recommendations. I have, and will continue to, read the guides, in addition to asking questions when they come up.

Rest assured I am taking my time and being patient on the details, which I will continue to inquire into. Yes, we have met, and income will not be an issue in my case. But I appreciate your concern and encouragement in what can otherwise be an intimidating process.

[Rachel & Tom 9]

Really? They only issued him a visa that he had to use within 50 days of issue? Is this normal or was that some administrative mistake?

It was an administrative mistake.... from the time he turned in his passport it took exactly 60 days to the day to get his visa... it was rather a mess, but in the end he was here... and now when i look at how long some people had to wait for there K-1 visas i know we were blessed that it only took 11 months....

[baron555 934]

Our ideal situation, which we don't even know if it would be possible, would be for her to visit me, for us to be engaged and/or married on that trip,

Not a problem to do this.

and for her to immediately return to Canada

Must return within the validity of the visa that she uses to visit here.

to finish up her last weeks of work and get things in order for the final move down.

Can not move back down here until she has a valid K-1 visa (is you only got engaged) or a valid CR-1 visa (in case you got married.). Each are running about 8-10-12 months to process. So there is plenty of time to get things in order ot move down.

Is there any Visa scenario where this could happen? How would the "Advance Parole" play into this, and what would the timing on that process look like?

File K-1 Visa petition, wait about 10 months (while she stayed in Canada and possibly visited you during), and then enter the US, marry within 90 days and then file for AOS (plus AP) and wait another three months for the AP approval. Then she goes back and can return. During AOS filing, she should not leave the US>

How would an "Adjustment of Status" otherwise play into it?

Doesn't. Then she has her GC and can freely re-enter the US at any time and can legally work here.

Before I visit a lawyer on this matter I would like to appeal to the expertise and insight of the users of this forum to help me to better understand what our options are. In particular, I am hoping we could have some example scenarios presented and explained (particularly for the shortest possible transition, and what the approximate timeframes for each of the steps might look like).

Plan on her not be able to permanently live here for about 10-12 months. She MAY (or MAYBE NOT) be able to visit here during this period. You can always go visit her.

Thank you all very much for your time. All your help and input is much appreciated.

[baron555 934]

Is there a way to expedite the AP?

NO

If she were to travel back to Canada before the AP arrived would she simply not be able to re-enter the US until the AP arrived, or would that restart/negate the entire process (and maybe require the CR-1 route)?

Restart all over again, another 10-12 months wait, while you wait for a CR-1 visa.

Can someone explain to me what "intent" is all about in the context of the proceedings? I was told there are things that could be done within the process (say of the K-1) that could complicate or derail it? If that doesn't make sense I could try and clarify. Thanks on that.

Is the process of doing it really that straight forward? Would a lawyer be required at any point

Nope

and/or would it help to avoid complications or shorten timeframes if a lawyer is involved?

Will elimnate additional cost; they can not make it go quicker.

[baron555 934]

1.) If, in any of the cases, she comes down on a tourist visa and we are engaged and/or married, and she leaves a short time after (say within a week), would she not be allowed to return to the US (again, from Canada -

Maybe, and maybe not, she would have to state her true cause for her subsequent visit, ie that you two are engaged and have filed the 129f (CBP will see that in their computers when she arrives at POE), have suffiicient ties to show that she will indeed return to her country and not just stay in the US.

If so, can anything be done (any type of filing) to enable her to return to visit (for a short period, or however long - possibly periodically) before the visa approval? If not, would I be in any way barred from visiting her periodically before the visa approval?

No, every attempt to visit at CBP runs the same risk of refusal and return.

2.) Why is the K3 obsolete if it take the same amount of time as the K1, being that they both start with the I-129F (with the added benefit of no AP upon approval and arrival to the US); and less time than the CR1, assuming the I-129F is filed after the acceptance of the I-130 (so we could be together sooner)? This is what I gather from the guides.

CR-1s used to take forever and the K-3 was invented. It is now not needed so your only option is the CR-1

Thanks again.

[baron555 934]

A few of the accounts in the "Yes you can visit!" thread mention that customs officials (at least on the US side) said to them that they could not marry on that visit. Is that appropriate or allowed for them to say, and if so is it binding? What if they did get married on that trip?

Customs officials are not USCIS adjucators. Bad information was being passed along in those examples. Be careful.

Thanks, that's very helpful!

On the first question, if she were to be denied entrance on a visit attempt I can see how it would make it more difficult for future visit attempts to be accepted. However, would that weigh against the visa application process in any way? And would the complications for re-entrace apply after the visa is approved and she tries re-entering with it? I will look into that thread you suggested.

No bearking whatsoever.

[Cilian7 1]

Customs officials are not USCIS adjucators. Bad information was being passed along in those examples. Be careful.

No bearking whatsoever.

Thanks very much for all your responses, they proved helpful.

If you don't mind clarifying on that last one I would appreciate it. I'm doing a poor job of deciphering "bearking" - is that breaking, bearing, ...? In either case, did you mean that her denial at the border would not interrupt or terminate the visa application process? Thanks again.