Need advice and help ASAP please US citizen w/Canadian Fiance

[JCuda 0]

Thank you in advance any help is appreciated

ive been looking and searching for a solution and coming up with a dead end everywhere.

ill give you the facts and story and info so you know the details

Im from New Jersey and i meet my the woman i feel in love with from london ontario

we been together a year ive been up there 5 time to be with her i proposed to her 6 months ago and we decided to get married and move her and her 12 year old daughter he and life happy forver , we both were common law married never legal so there no ties to hold us .

so she desolved her relationship and sold her house we got her a passport and her permission from ex to have the child stay with her and cross the border

i was supposed to pick her up today to come down her and spend her life ,now i find out that if she comes over to visit just on a passport and we get married its visa fraud and comming here without a visa is intent to migrate .

im in a bind im picking her up today Ive been serching for a solution she has to leave there is no more home and she commited to comming to me

im stupid for not knowing the visa situation I never considered canada a real foriegn land but it is and its not part of the us so no matter what country it is we still need to make it right

so my question is with her living here in New jersey with me how can i go about marring her and as we had planned and getting her to be able to stay here with having to go back ,our time ran out for planning (this i blame on myself )

the time frame we get married is not important as long as were together, can i marry her then apply for change of status do i have to get a K1 visa or is ther a different route i can go ,the main thing is she has no where to go back to in canada and if she had to return back to canada to with the 6 to 9 month K1 visa application process she has no where to stay or go back too and i cant be apart from her

ive heard and seen many people in this county from all walks of life being here and doing it the illegal way ,i want to do this right and legal but cant be seperated thats no option now we fought so hard to get to this day and now i find out i hit a brick wall

please advise me and help me figure out the best and fastest solution your comments are deeply appreciate it

thank you jim

[Harpa Timsah 13,258]

Your gf probably won't be allowed into the country because it is illegal to use a tourist visa to immigrate.

Edited August 18, 2013 by Harpa Timsah

[JCuda 0]

she has no visa ,we didnt know about it but canadians and us citizens cross the border freely everday driving through and she drove right through you can visit up to 3 months just crossing on a passport so getting here isnt the problem ,marrying her and keeping her here is the question thanks

[Ozz777 23]

You cannot do what you are planning to do, legally. She is coming, and MAY be allowed into the country, but only by lying to the CBP officer at her POE. If she were to tell the truth, she would be turned around immediately. No one on this site is going to help you commit visa fraud, sorry.

[Harpa Timsah 13,258]

she has no visa ,we didnt know about it but canadians and us citizens cross the border freely everday driving through and she drove right through you can visit up to 3 months just crossing on a passport so getting here isnt the problem ,marrying her and keeping her here is the question thanks

Canadians enter under the terms of a B2 tourist visa without having to apply for it at the embassy. Getting her here will be a problem, because when she shows up and says "I am here to move here with my daughter and here is my permission!" she will be denied entry. Canadians do not have a right to enter the US, they can visit the US, but she is not visiting.

[Ryan H 3,812]

Moved from Bringing Family Members of US Citizens to America forum to General Immigration-Related Discussion.

[*Snowdrop* 604]

You say she 'drove right through' - is she here now?

If she is then what did she say on entry to the US - that she was coming as a visitor?

If so then your only legal way to proceed is to get married as soon as possible, file for the spouse visa as soon as possible.

She can stay with you as long as she is legally allowed to do so as a visitor - I thought that was 180 days for Canada but please do check.

If you're lucky then the bulk of the waiting will have happened while she is with you - of course she cannot work while in the US.

She will then go back before her visiting time allowance runs out and finish of the visa process in Canada - you may be very lucky and only be apart for a couple of months.

Perhaps she can stay with a friend or family during this time. Perhaps she can rent on a short-term lease.

On the chance that you are stuck in a long processing queue and it's taking longer than 8 months she may also be able to enter again and stay with your as a visitor for another short period (entry again after a long stay is not guaranteed though so don't count on this)

[JCuda 0]

ozzy im in no way am i looking to commit visa fraud ,Im just looking for a way to get a answer ,i was stupid not knowing the visa laws and now im in a bind shes here visiting Im looking for a solution and what i can do to keep her here and marry her these were our plans and she sold her house to be with me and now i need to do this legal im looking for advice to do this legal !!!!!! with not having her to leave thats why i asked on this fourm ,im sure there are many situations that people fall in love even those that visit the us and fall in love and dont wanna be without the other person,i was hoping someone knew of or has experienced the same situation

[Cathi 5,757]

You say she 'drove right through' - is she here now?

If she is then what did she say on entry to the US - that she was coming as a visitor?

If so then your only legal way to proceed is to get married as soon as possible, file for the spouse visa as soon as possible.

She can stay with you as long as she is legally allowed to do so as a visitor - I thought that was 180 days for Canada but please do check.

If you're lucky then the bulk of the waiting will have happened while she is with you - of course she cannot work while in the US.

She will then go back before her visiting time allowance runs out and finish of the visa process in Canada - you may be very lucky and only be apart for a couple of months.

Perhaps she can stay with a friend or family during this time. Perhaps she can rent on a short-term lease.

On the chance that you are stuck in a long processing queue and it's taking longer than 8 months she may also be able to enter again and stay with your as a visitor for another short period (entry again after a long stay is not guaranteed though so don't count on this)

not good advice. They had intent to marry BEFORE she entered. Traveling to the US as a visitor with the intent to marry and adjust status is visa fraud, illegal and carries a ban with no appeal if denied

[*Snowdrop* 604]

not good advice. They had intent to marry BEFORE she entered. Traveling to the US as a visitor with the intent to marry and adjust status is visa fraud, illegal and carries a ban with no appeal if denied

I was not suggesting they adjust status.

If you read again all the way through you will see that I suggest they get married and apply for spouse visa asap. The she would stay for as long as her visitor visa allowed - about six months - and the she would go back to Canada and finish the process of there. With the possibility of a second visit to the US depending on how long the process was taking for them and whether she was let back in for another visit.

I was specifically NOT suggestion AOS'ing

[JCuda 0]

thanks lynne yes she just came over as a visiting

[*Snowdrop* 604]

So she is with you right now?

You are in a bit of a bind. But while the way forward might be a little uncomfortable it's not going to be as bad as you think.

This site is a great resource for getting through the visa process.

Your only way to proceed forward legally (as she has prior intent to immigrate) will involve some time back in Canada but if you work quickly and efficiently then you should be able to minimize that time.

It's going to be most tough on her daughter though, as she is going to have to go back and forwards with her mother too and that could disrupt her school year.

You need to sit down with your fiancee and discuss the different options and work out what is best for both of you.

You could do the K1 finace visa (with a K2 for your future step-daughter) - you could file that as soon as you fill in the paper work

You could marry and then file for the spousal visa with a petition also for your step-daughter.

Your research needs to include:

- time difference for both petitions for those from Canada (it's different in each country)

- financial implications of when your fiance will be able to work - it's different for each visa

- what's best when including a petition for a child

- whether you want to have the short spells of separation to complete the visa process before or after you marry

Whatever option you choose you, if time apart is a big factor for you, then you want to make sure you really research the issue, get all the paperwork right first time, stay ahead of the process and ready to complete each phase as it comes up. That way you should be able to maximise you time together while she visits and minimise her time apart from you in Canada.

[*Snowdrop* 604]

Also - you might want to discuss the differences in the two visa options K1 vs Spouse in the Canada forum as they have specific local knowledge about the Embassy phase.

Sometimes one visa type has a long waiting period for interviews which would add to your time apart. Although bear in mind there are no guarantees with this process sometimes one speeds up and another slows down and vice versa.

[JCuda 0]

i hope you guys understand im not looking to do anything illegal i found this fourm seeking help to do this the legal way i cant loose her and i dont wann be without her and she has no where to go back to its was lack of planning and understanding the visas i tought a passport was fine to be here i didnt know about down sides and legality of the different visas im looking to do this right and legal and not loose her cause she has no where to go her and her daughter we jumped the gun and this is my wrong doing

[*Snowdrop* 604]

You have nearly six months (assuming she entered today) to sort out where they will stay when they go back to Canada finish the visa process. With good planning it may only be for a few months.

Your options are she stays with family or friends for that time. Or you can arrange a short term rental accommodation for her.

You have until her visit allowance expires and unless someone can correct me, I think that is 180 days for Canadians, to arrange some temporary accommodation for her.