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Filed: Other Timeline
Posted

Hi everyone!

I intend on visiting with my boyfriend in the US for a couple months soon, and we plan on getting married next year. I am a bit confused as to which route we should take with regards to the Spouse Visa application.

He's an American Citizen, and I am a Permanent Resident of Canada with a Trinidadian passport. I've resided in Canada for the last 10 years, and I plan on travelling to my home country and visiting the US while planning my wedding. We'll be getting married in Trinidad and our hope is to then be together in the US while the Spousal application is being processed.

Now, my research is telling me that this isn't possible - that any intent on entering the US to applying for a green card but entering as a visitor could red flag me and could potentially be considered fraud. I sought the advice of a lawyer who told me that I should wait a couple months after entering after we get married before sending in our application to avoid that suspicion. He had also advised we get married outside of the US as the process is a lot quicker - however, I'm now realizing we might be apart of this is the case.

I also looked into the K-1 Fiance Visa option, and from my impression this route will not allow us to have a wedding outside of the US.

I may be wrong in my assumptions, but I'd love some clarity on this! I want to be as honest as I can, and I would hate to be in a position to jeopardize my visitor's status and be banned from the US. Sometimes I think I'm being too paranoid!

Any insight on this is helpful. Thank you in advance :)

Filed: IR-1/CR-1 Visa Country: Canada
Timeline
Posted

Entering into the US with the intent to immigrate could not be "potentially" fraud, it IS fraud.

Fire your lawyer as he's aiding you in committing fraudulent behavior by telling you to do that.

If you enter on a K1, you marry in the US.

You cannot stay in the US while you wait out the process.

You go back to Canada if that's where you live.

But you can visit for short periods of time.

oldlady.gif

Filed: IR-1/CR-1 Visa Country: Fiji
Timeline
Posted

Hi everyone!

I intend on visiting with my boyfriend in the US for a couple months soon, and we plan on getting married next year. I am a bit confused as to which route we should take with regards to the Spouse Visa application.

He's an American Citizen, and I am a Permanent Resident of Canada with a Trinidadian passport. I've resided in Canada for the last 10 years, and I plan on travelling to my home country and visiting the US while planning my wedding. We'll be getting married in Trinidad and our hope is to then be together in the US while the Spousal application is being processed.

Now, my research is telling me that this isn't possible - that any intent on entering the US to applying for a green card but entering as a visitor could red flag me and could potentially be considered fraud. I sought the advice of a lawyer who told me that I should wait a couple months after entering after we get married before sending in our application to avoid that suspicion. He had also advised we get married outside of the US as the process is a lot quicker - however, I'm now realizing we might be apart of this is the case.

I also looked into the K-1 Fiance Visa option, and from my impression this route will not allow us to have a wedding outside of the US.

I may be wrong in my assumptions, but I'd love some clarity on this! I want to be as honest as I can, and I would hate to be in a position to jeopardize my visitor's status and be banned from the US. Sometimes I think I'm being too paranoid!

Any insight on this is helpful. Thank you in advance smile.png

yip you are pretty much spot on .. add kdh's comments and you have all your gaps filled.. check out the guides and spend a few hours reading threads and ye shall learn much ;)


8/16/2012 I-129F NOA1
11/8/2012 Married
1/3/2013 I-129F cancelled
1/29/2013 withdrawal notice received
2/5/2013 I-130 NOA1 with error on wife's name
Case status not available
2/5/2013 Unable to generate service request

3/13/2013 transferred to local office
3/26/2013 Service request generated
4/12/2013 Infopass, file in workflow March 28
4/19/2013 Case status available - APPROVED!

Detour to the NVC via NRC

For information on my detour and the steps I took to free my petition, check
"about me"

NVC

6/7/2013 NVC logs file as received

6/11/2013 Case number and IIN assigned

6/12/2013 DS-3032 emailed

6/13/21013 AOS paid

6/14/2013 DS-3032 emailed attention superuser (stupid me)

6/23/2013 DS-3032 emailed attention supervisor

6/24/2013 DS-3032 accepted

6/25/2013 IV bill generated and paid

07/06/2013 IV & AOS sent; 07/11/2013 NVC logs received

07/30/2013 IV Accepted; AOS Checklist

08/01/2013 AOS Checklist received

08/02/2013 AOS resent; 08/07/2013 NVC logs received

08/28/2013 Case Complete

09/10/2013 Interview date assigned

Embassy

08/14/2013 Medical; 08/19/2013 Medical Ready

08/07/2013 Police cert ordered (Fiji delivers straight to the embassy)

10/02/2013 Interview

xx/xx/2013 Visa in Hand

xx/xx/2013 POE Los Angeles International Airport

 
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