Crossroads! So confusing how to go about being together

[Allie Wabbit 1]

Hello,

I am sure the answers to my questions are contained in a few topics and have been reading but the more I read the more confused I get and more and more questions pop up into my mind, so figured I will post this and see if anyone can help.

I met my now fiance (we just got engaged 2 weeks ago) in December 2012 on a cruise and have since been together every month. We have been "commuting" and staying at each other's place for at least 5-10 days per month (yes, it breaks the bank to fly or Megabus it to each other every second week, but we discovered we simply cant live without each other). He is US born and I am a Canadian citizen (since the 90s). We have taken 2 holidays together so far (February cruise and Europe last month) and have 3 more planned and booked (1 of which is fully paid) - sadly 2 of them are via the US. I say sadly because it is becoming more and more of a pain to cross the border. Both sides are starting to give us a hard time and spend longer time reading the screen and making ridiculous statements such as "this is not you on your passport"...

We want to be together as soon as possible because the distance is killing us (and rather spend the money on actual travel rather than traveling to each other a couple of times per month) and have decided we want to live in the USA because he loves his job (he has a great one!) and is very close to his family.

Which offers us the following options (from what we can tell):

1. K1 visa which will take about 8 months (we have 2 holidays booked via the US - September and December, so not sure if I can travel with him - obviously there will be no impact for him - can I?);

2. Me entering the USA and marrying him there and applying on the spot (means we will have to cancel all holidays as from what I understand I cannot leave once I am married to him until we get a green card which can take up to 8 months - please confirm or deny);

3. Him marrying me on his next trip to Canada and us applying for a K3 visa (again, from what we understand it is not going to allow me to keep the booked holidays - correct?);

All of the above seem lengthy and expensive and we are not sure which is the best way.

For instance, if I get the K1, can I travel with all my luggage and my dog since it is a single entry visa? I mean I will marry him upon arrival, but if they dont allow me to uhaul or ship my personal property or take my pet how and when do I get them?

Any advice would help. I guess we want to be together as soon as possible and keep our holidays (we did find killer deals on all booked trips). My friend said the best way would be to just sell everything, enter the US, marry and apply for green card, etc. Cancel all holidays until further notice and lose any deposits in the name of love. I guess we are looking for a way to have our cake and eat it and also avoid what we anticipate to be high and unnecessary (as we feel we may be a straight forward case) legal fees.... Help? Thanks!

Edited June 3, 2013 by Allie Wabbit

[jajaju 33]

is what you're trying to say in your option number 2, entering the US, overstaying visitors visa and adjusting status?

[Anna Grant 169]

Check this comparison tabel to see the difference between the K1 (fiance) and CR1 (spouse) routes:

http://www.visajourney.com/content/compare

To answer your questons, to the best of my ability:

1) You can still travel with him on holiday whilst going through the K1 route (or CR1). See here for more details - http://www.visajourney.com/forums/topic/67796-yes-you-can-visit/ it's in the K1 area but still valid for other petitions. You know you are already being looked at because of the frequency of your visits to the US, so you need to look at taking documentary proof that you need to return to Canada. See here for suggestions on this - http://www.visajourn...content/k1visit

2) Entering the US with the intention of marrying AND adjusting your status from within the US (i.e. staying and not leaving after marrying) may be considered visa fraud. See the 'be warned' box here - http://www.visajourney.com/content/i130guide2. Entering the US to marry with the intention of leaving sometime afterwards is fine, if you are let in.

3) I am less familar with this area as I am going the fiance route. However, I would probably suggest CR1 rather than K3. It takes a bit longer but is cheaper and you can work right away as soon as you've entered the us after it's been granted. See comparison chart link above. You should still be able to go on your holidays but it will depend on the CBP office on the day.

You are correct about the K1. It is a single entry visa. You would be expected to travel with excessive luggage (or ship it) and pets. You will have to marry within 90 days. You will not be able to leave the US until your AOS or AP has been processed. Well. You can leave but you won't be able to get in and will have to start the process again.

BTW - everthing about this process is lengthy and expensive. You don't need to pay legal fees. You can do it all yourself, with the use of the guides here - http://www.visajourney.com/content/guides Most people here have either gone through it or are going through it. It is 11 months since we submitted our petition for a K1 and I am (hopefully) only a couple of weeks away from my interview and less than a month away from getting my visa. It willl have taken us just under a year. It seems from reports that things are staring to speed up a bit again but you can just never tell with USCIS.

But it is worth it in the end.

Edited June 3, 2013 by Anna Grant

[Allie Wabbit 1]

is what you're trying to say in your option number 2, entering the US, overstaying visitors visa and adjusting status?

As a Canadian it is my understanding that I do not require a visa to enter the US. At no point during my travels to and through there had I needed a visa... I have reviewed the stamps that I have received during the years (as I have been and traveled through the USA before meeting my fiance) and noticed that the stamps I have bear 3 things: 1) nothing i.e. just a stamp and no handwritten comment/mark; 2) N/C or NC - not sure what that stands for; and 3) B2. After a bit of thought I recon the B2 has been handwritten on the entry stamps on occasions when I have went to another country and have gone through the USA in transit only (i.e. flight to Japan via JFK). On a few occasions they have not even stamped my passport upon entry, nor exit.

What I am saying in option number 2 is... we are and have been living part time together (insufficient time, granted, but about half a month per month for the last few months) and are getting increasingly fed up with saying goodbye and being uncertain about the future. Add the threat of them trying to stop this at the border and the fact we cannot continue to afford this financially ad infinitum is pushing us into considering just moving together and figuring it out from there. We are not trying to cheat the system, rather (as probably most VJ members) are very frustrated with how complicated it is it to be with the love of each other's live..... it took ages to find each other (centuries it seems) so asking (telling) us to wait another year or so is just unfair.. And yes, life is unfair for most part.

[Allie Wabbit 1]

Check this comparison tabel to see the difference between the K1 (fiance) and CR1 (spouse) routes:

http://www.visajourney.com/content/compare

To answer your questons, to the best of my ability:

1) You can still travel with him on holiday whilst going through the K1 route (or CR1). See here for more details - http://www.visajourney.com/forums/topic/67796-yes-you-can-visit/ it's in the K1 area but still valid for other petitions. You know you are already being looked at because of the frequency of your visits to the US, so you need to look at taking documentary proof that you need to return to Canada. See here for suggestions on this - http://www.visajourn...content/k1visit

2) Entering the US with the intention of marrying AND adjusting your status from within the US (i.e. staying and not leaving after marrying) may be considered visa fraud. See the 'be warned' box here - http://www.visajourney.com/content/i130guide2. Entering the US to marry with the intention of leaving sometime afterwards is fine, if you are let in.

3) I am less familar with this area as I am going the fiance route. However, I would probably suggest CR1 rather than K3. It takes a bit longer but is cheaper and you can work right away as soon as you've entered the us after it's been granted. See comparison chart link above. You should still be able to go on your holidays but it will depend on the CBP office on the day.

You are correct about the K1. It is a single entry visa. You would be expected to travel with excessive luggage (or ship it) and pets. You will have to marry within 90 days. You will not be able to leave the US until your AOS or AP has been processed. Well. You can leave but you won't be able to get in and will have to start the process again.

BTW - everthing about this process is lengthy and expensive. You don't need to pay legal fees. You can do it all yourself, with the use of the guides here - http://www.visajourney.com/content/guides Most people here have either gone through it or are going through it. It is 11 months since we submitted our petition for a K1 and I am (hopefully) only a couple of weeks away from my interview and less than a month away from getting my visa. It willl have taken us just under a year. It seems from reports that things are staring to speed up a bit again but you can just never tell with USCIS.

But it is worth it in the end.

Thank you, Anna for the informative response! We really appreciate it. All of the links you posted are very helpful. Seems the K1 route is best ....

Couple of questions -

1. I guess I wont be shipping any of my personal property until I am granted the K1, have entered the USA and married my soulmate?

2. He files the I-129F along with fee, birth cert, pics, etc. to start the ball rolling. After the Toronto consulate schedules me for interview I am supposed to have all my supporting info ready - all police clearance certificates (I have lived in 4 countries since the age of 16!), pics, passport pics, citizenship docs.. or do I only submit those by mail AFTER my interview... not clear on this right now...

[jajaju 33]

i don't think there'd be one person on here who isn't going through exactly what you're feeling in that second paragraph there. It's not that we aren't understanding your situation, we just are saying the risks and the rules, not trying to offend or contest your story.

Sorry for using the work 'visa', when referring to entering the US, I meant, whatever the heck canadians enter the US under. But it's completely irrelevant where you're coming from etc etc from my understanding, it's still considered fraudulent to enter with intent to stay. Otherwise wouldn't all the canadians on VJ be just move to the US and stay forever? Not sure how you think that can work.

Good luck.

[Anna Grant 169]

Thank you, Anna for the informative response! We really appreciate it. All of the links you posted are very helpful. Seems the K1 route is best ....

Couple of questions -

1. I guess I wont be shipping any of my personal property until I am granted the K1, have entered the USA and married my soulmate?

2. He files the I-129F along with fee, birth cert, pics, etc. to start the ball rolling. After the Toronto consulate schedules me for interview I am supposed to have all my supporting info ready - all police clearance certificates (I have lived in 4 countries since the age of 16!), pics, passport pics, citizenship docs.. or do I only submit those by mail AFTER my interview... not clear on this right now...

That's fine. We've all been here, trying to sort our way through all the red tape.

1. Yes, I would suggest you pack it all up and ship it just before you leave Canada. It may be a bit differnet for me becuase I will be shipping from the UK but I have been warned that I have to be physically in the US in case of issues with customs.

2. Sorry, I can't advise on this as each country's consultate does things differently. Your best bet is to see ask questions in the Canadian sub-forum here - http://www.visajourney.com/forums/forum/93-canada/ In fact, it looks like they have created a thead just for K1 and the first post lays out the process for you - http://www.visajourney.com/forums/topic/327503-canada-immigration-k1-guide-for-montreal/

Oh - and I don't think it's Toronto. It's Montreal and Vancouver for K1s, depending on your Province of Residence: Manitoba and West: Vancouver

Ontario and East: Montreal

Edited June 3, 2013 by Anna Grant

[Allie Wabbit 1]

i don't think there'd be one person on here who isn't going through exactly what you're feeling in that second paragraph there. It's not that we aren't understanding your situation, we just are saying the risks and the rules, not trying to offend or contest your story.

Sorry for using the work 'visa', when referring to entering the US, I meant, whatever the heck canadians enter the US under. But it's completely irrelevant where you're coming from etc etc from my understanding, it's still considered fraudulent to enter with intent to stay. Otherwise wouldn't all the canadians on VJ be just move to the US and stay forever? Not sure how you think that can work.

Good luck.

It was bittersweet discovering this website for exactly that reason. Terrible boat to be in but worth it, as Anna said. And I thought the hard part was finding him, right? I am sorry if I sounded harsh, am not offended at all. I work in a law firm so sometimes instead of talking normally I come across sterile and hostile - was not my intention.

The whole Canadian "visa" entry or visaless entry is shady and open to interpretation - to Canadians and other nationals alike... I was considering this route as a friend of mine from Manchester married a girl from Maine on day 2 of his 4th trip (on which they flagged him by giving him a "red folder" at the border - not sure what that means but he was saying that it was in essence last warning to stop coming in). He said it was the only and best way to go about it as once you are in the country you have rights and the only downfall is that you cant work nor travel initially. He said it took him 3 months to get a green card and the rest is history. He has been a US citizen for a few years now.

I wasnt sure how that worked, which is why I asked. I dont dare think at this stage. Nor am I sure I can...... not with this much information overload. To begin with I have a good paying job here in Canada, a nice cushy life, but I dont have the one thing I really need - him. And of all the countries in the world the USA is not top of my list but it is his homeland and where his roots are and where he is happy already with his also awesome life but doesnt have what he needs - me. So one of us has to compromise and since he loves his career and is great at it and mine is just a job and I love him, I will be moving to him. Our initial plan and also discussions have included him moving here. If he is ready to uproot and try to live in a country where it is winter 9 months of the year and he has no friends or family in order to be with me and keep and make me happy, then I can do the same for him. With a smile too. It is what I think true love is.

Thank you for your help and well wishes

[Allie Wabbit 1]

That's fine. We've all been here, trying to sort our way through all the red tape.

1. Yes, I would suggest you pack it all up and ship it just before you leave Canada. It may be a bit differnet for me becuase I will be shipping from the UK but I have been warned that I have to be physically in the US in case of issues with customs.

2. Sorry, I can't advise on this as each country's consultate does things differently. Your best bet is to see ask questions in the Canadian sub-forum here - http://www.visajourney.com/forums/forum/93-canada/ In fact, it looks like they have created a thead just for K1 and the first post lays out the process for you - http://www.visajourney.com/forums/topic/327503-canada-immigration-k1-guide-for-montreal/

Oh - and I don't think it's Toronto. It's Montreal and Vancouver for K1s, depending on your Province of Residence: Manitoba and West: Vancouver

Ontario and East: Montreal

Thanks, Anna! Really appreciate your responses!

[canadian_wife 1,822]

Nice Avatar

Anyway, you will not interview in Toronot, you will interview in Montreal. Only 2 consulates will do K-1 visa interviews, Montreal and Vancouver.

You may also do your medical in Toronto or Montreal.

Do you have country specific questions we can help you with?

[smrowe 12]

1. K1 visa which will take about 8 months (we have 2 holidays booked via the US - September and December, so not sure if I can travel with him - obviously there will be no impact for him - can I?);

2. Me entering the USA and marrying him there and applying on the spot (means we will have to cancel all holidays as from what I understand I cannot leave once I am married to him until we get a green card which can take up to 8 months - please confirm or deny);

3. Him marrying me on his next trip to Canada and us applying for a K3 visa (again, from what we understand it is not going to allow me to keep the booked holidays - correct?);

For instance, if I get the K1, can I travel with all my luggage and my dog since it is a single entry visa? I mean I will marry him upon arrival, but if they dont allow me to uhaul or ship my personal property or take my pet how and when do I get them?

1. While you are waiting for the K1 or the CR-1 to be processed you can still travel into the States. Be prepared that you may be looked upon with greater scrutiny than you might be otherwise, because of your relationship to a USC. However, if you bring proof of ties to Canada (lease or mortgage papers, proof of employment) and show a return ticket, you should be okay.

2. Other posters are correct that you cannot come to the States, marry, and then adjust your status from tourist to spouse (or fiance) from within the States. You can, however, as a Canadian, stay in the US for up to 6 months out of a 1-year period. You will still need to travel to Montreal to complete your interview and the interview process (for a spousal visa) and Montreal or Vancouver (for the fiance visa, depending on where you reside in Canada). Your friend's experience from the UK may have also taken place when the immigration system was moving quicker - they customarily can stay for 90 days as a visitor, and maybe everything was wrapped up in this time.

3. You can apply for the K3 at the same time that you apply for the CR1. This may or may not get you down here quicker.

Even with the single entry on the K1, you could still come across the border with a UHaul to bring all your things, I believe.

We went with the CR1 because it meant only one round of waiting - when our visa is approved my husband will be able to work, rather than having to wait for many more months and another round of approval for that to happen. You can decide what works for you.

And no, the process is definitely not quick, or fair. Unfortunately that's just the way of the legal process right now.

[TBoneTX 45,301]

*** Thread moved from Introducing Our Members forum to General Immigration Discussion -- OP is contemplating visa paths. ***

[stevie b 141]

Hello,

I am sure the answers to my questions are contained in a few topics and have been reading but the more I read the more confused I get and more and more questions pop up into my mind, so figured I will post this and see if anyone can help.

I met my now fiance (we just got engaged 2 weeks ago) in December 2012 on a cruise and have since been together every month. We have been "commuting" and staying at each other's place for at least 5-10 days per month (yes, it breaks the bank to fly or Megabus it to each other every second week, but we discovered we simply cant live without each other). He is US born and I am a Canadian citizen (since the 90s). We have taken 2 holidays together so far (February cruise and Europe last month) and have 3 more planned and booked (1 of which is fully paid) - sadly 2 of them are via the US. I say sadly because it is becoming more and more of a pain to cross the border. Both sides are starting to give us a hard time and spend longer time reading the screen and making ridiculous statements such as "this is not you on your passport"...

We want to be together as soon as possible because the distance is killing us (and rather spend the money on actual travel rather than traveling to each other a couple of times per month) and have decided we want to live in the USA because he loves his job (he has a great one!) and is very close to his family.

Which offers us the following options (from what we can tell):

1. K1 visa which will take about 8 months (we have 2 holidays booked via the US - September and December, so not sure if I can travel with him - obviously there will be no impact for him - can I?);

2. Me entering the USA and marrying him there and applying on the spot (means we will have to cancel all holidays as from what I understand I cannot leave once I am married to him until we get a green card which can take up to 8 months - please confirm or deny);

3. Him marrying me on his next trip to Canada and us applying for a K3 visa (again, from what we understand it is not going to allow me to keep the booked holidays - correct?);

All of the above seem lengthy and expensive and we are not sure which is the best way.

For instance, if I get the K1, can I travel with all my luggage and my dog since it is a single entry visa? I mean I will marry him upon arrival, but if they dont allow me to uhaul or ship my personal property or take my pet how and when do I get them?

Any advice would help. I guess we want to be together as soon as possible and keep our holidays (we did find killer deals on all booked trips). My friend said the best way would be to just sell everything, enter the US, marry and apply for green card, etc. Cancel all holidays until further notice and lose any deposits in the name of love. I guess we are looking for a way to have our cake and eat it and also avoid what we anticipate to be high and unnecessary (as we feel we may be a straight forward case) legal fees.... Help? Thanks!

that dog of yours might be harder to get into the states than you

[Cliff&Liz 10]

I chose K1 because I needed to be working during any process. K1 has me out of work for only 3 months compared to other options. I don't have trouble going to from the US other than the odd time I go into a secondary check as I clear US customs. They usually just ask questions to make sure I have a job in Canada and I still intending to return to Canada. Always have a return ticket.

I go down once a month and she come when she gets enough time from work. Its like having a long distance relationship. However it's been lucky for us as we have already lived together for 1.5 years in Orlando. The time apart before getting married just makes it all the more special when we can live together again.

[canadian_wife 1,822]

I chose K1 because I needed to be working during any process. K1 has me out of work for only 3 months compared to other options.

The Cr-1 spousal visa allows for work and travel immediately upon entrance into the US. There isn't any waiting to work or to collect EI if necessary.