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

[JCuda 0]

why cant we fill out and submit the k1 visa and do the waiting here with me in the usa till its processed ,why must she be in canada for the long 6 month wait if we had to drive back there for interviews or personal contact we could but why does she have to do the waiting period over there cant she just reenter on the passport as another visit diurring this waiting period

[*Snowdrop* 604]

why cant we fill out and submit the k1 visa and do the waiting here with me in the usa till its processed ,why must she be in canada for the long 6 month wait if we had to drive back there for interviews or personal contact we could but why does she have to do the waiting period over there cant she just reenter on the passport as another visit diurring this waiting period

As I said - she can stay with you in the US for as long as she is legally allowed to visit. But what you probably don't realise yet as you may not have done all the research is that it's going to take longer than six months for her to get her visa.

So you can fill out and send in the K1 form tomorrow - assuming you have already gathered all the documents and evidence you need to send with your form.

You will then wait until your file reaches its place in the queue to be reviewed. On current processing times, this will take at least five months - possibly longer, possibly quicker but you can't count on this.

Then you file will process through a different agency (NVC) before being sent to the Embassy in Canada. Then you will have to wait for an available interview time - this can vary greatly. Sometimes it takes a few weeks to schedule, sometimes it takes a few months.

So to make sure she and her daughter do not overstay their allotted visitor allowance she will not just be able to stay with you until all processing is completed.

Yes, you could try crossing the border and crossing straight back for another six month visit period...HOWEVER... if the border control suspect that you are doing that to basically let her 'live' with you in the US rather than simply be a visitor it is likely that she will be refused entry at the border.

So you run the risk of her then being stranded in Canada with nowhere to live.

So if I was you (I am very risk averse) I would plan for her to stay with your in the US for the next 175 days, then return to Canada, and arrange for her to have somewhere to live in Canada on a temporary basis when she gets back - it will probably fit quite nicely into the visa processing plans, you would only be apart for a couple of months - you could visit her during that time. And on the chance that the visa process was running very slowly, if she had been back in Canada for a few months, a return visit by her to the US might be easier.

Edited August 18, 2013 by *Lynne*

[jenni17 36]

why cant we fill out and submit the k1 visa and do the waiting here with me in the usa till its processed ,why must she be in canada for the long 6 month wait if we had to drive back there for interviews or personal contact we could but why does she have to do the waiting period over there cant she just reenter on the passport as another visit diurring this waiting period

If she stays in the US for 6 months now on a tourist visa leaves and then attempts to re-enter customs will not let her into the country since a tourist visa is not intended for living in the US. It will be clear that that is what she's trying to do. She would have no choice but to overstay her tourist visa if she wanted to stay in the us the whole time. If what you are proposing were possible, don't you think that all of us here on VJ would be doing it too? No one wants to be apart from the person they love. Unfortunately this process doesn't give many other options.

[NigeriaorBust 4,087]

a couple of unmentioned issues, the daughter should be going to school but you will have to pay even for public school. Free public education is only for legal residents in most states. If you have ever filed taxes with a common law wife as married you may have more trouble ahead. They may want a divorce degree especially in states that recognise common law marriages.

[CaizLurol 36]

my advise... ASK A LAWYER. MANY ATTORNEYS GIVE FREE CONSULTATIONS OVER THE PHONE. MAKE A LIST OF QUESTIONS AND SPEAK TO AN ATTORNEY.

[Harpa Timsah 13,258]

You said you are picking her up today and then you said she is here. Where is she and where was she when you started this thread?

[JCuda 0]

she drove thru harpa she close to the border it only 6 plus hours apart ,today was the day we planed

[Jawaree 717]

I know nothing about the procedure....this is not advise, neither

am I saying anyone should lie...its thought ok (a) how many here was

just straight up in every hurdle in life, (b) how many had accountants

shift little things on taxes, © how many had to get a little notch in a

process, or even just not enlighten uscis about waht they'd not ask for?

Just wondering....very aware U cant lie to immigration, but if she's here

Y do ppl who is AOSing now & has done so , now become so sanctimonious

Just a thought , not a judgement or advise, neither am I well versed on procedure

Peace out

[canadian_wife 1,822]

Ok, what about school for the child? What about permission for the child to live in the US (visiting is not the same)?

What about insurance and healthcare? If she is in the US for longer than 180 days then her and her daughter's provincial healthcare can become voided because they are no longer considered residents of that province, citizens yes, but not residents.

I know you are panicked, but please think about the logistics. Will you keep the daughter out of school this year because you failed to plan?

Please file immediately to start this ball rolling. Sort out education for the daughter and healthcare/insurance for both.

good luck

[St&Sv 33]

This is definitely quite the situation you are in, but people have given you a lot of good legal advice to maul over. I know your goal is to limit or eliminate the separation but you are going to have to accept the fact that it is going to happen. No matter what her time will run out here before the K1 or CR1 process is done, and on top of that she will have to go back to Canada to do her interview at the embassy. Interviews cannot be done within the United States for these visas even if you want them to be. As someone else said here I would recommend seeking a lawyer in your case, if you have the funds, because all we can do is advise you from our own views. An immigration lawyer will be less basis and will know the laws much better. Speaking of funds, and I know someone else mentioned it as well, you should look over the costs of the K1 vs CR1 (they are both $1000+, though the CR1 is less expensive) .

While you are figuring out what to do you may also want to find her options in Canada. You know at this point that legally she will have to go back, so you should start to make those arrangements for them. As for her daughter the school year is about to start, is she going to attend this year or will she be held back a year now? You'll need to contact the schools in your area and find out what your options are too. So lets tuck in that shirt, tighten that belt, roll up those sleeves, and straighten that tie because it's time to get to work.

Best of Luck and I hope your family finds a solution to all its problems.

Edit:

I wanted to add that if you are viewing this website on a mobile device you are missing out on a mountains worth of wealth that can only be viewed on the full version of this website.

Edited August 19, 2013 by St&Sv

[amberlynnloves 125]

This is my opinion:

Get married.

File Spousal Visa

At the end of her 180 day stay in the US, she goes home to Canada to finish out the remainder of her visa.

You mentioned you guys are only 6 hours apart? My fiance and I were 7 hours apart and I made sure I drove there for a weekend every 3 weeks. It was tough, but you know we were much more blessed than some people who are living on different sides of the world.

You have to weigh your options here. Do you keep her here and risk her having a life time ban in the USA with no possibility of waiver? Or do you separate for a few months and do things the correct way to be able to spend forever with her in the USA?

I'd MUCH rather spend a few months apart then a life time apart or having to move to Canada and BOTH start over fresh because she sold her house and quit her job and such.

It was your mistake that you hadn't known about the visa. Bite the bullet. Find her a place to stay in Canada (Niagara Falls Ontario would work) and have her stay there until she gets her visa approved.

I really think you are looking at the immediate gratifaction then the big picture. Step back. Look at the big picture and weigh your options. Read the guides for the CR1. I think that is your best bet. Cheaper and when she moves to the USA she will have the green card if its approved.

Good luck and if you need to talk, PM me.

[ricnally 258]

Also, where is all her stuff? Surely she wasn't allowed to cross the border as a tourist with all of her belongings in tow?

[David & Diana R 1,005]

why cant we fill out and submit the k1 visa and do the waiting here with me in the usa till its processed ,why must she be in canada for the long 6 month wait if we had to drive back there for interviews or personal contact we could but why does she have to do the waiting period over there cant she just reenter on the passport as another visit diurring this waiting period

You are not listening. These people are TRYING to help you but you must listen. Your gf cannot stay "while you work out the visa". The way I understand it you and your gf have already committed visa fraud, whether intentionally or not. You sayid it yourself...she came here to be with you to live, whoops!! Have you ever heard the term, "Ignorance is no exception to the law."? Well it seems that applies here so listen to those that are trying to HELP you. I am not trying to insult you but wake up. Listen to those who are willing to help you.

Aloha Ke Akua

[David & Diana R 1,005]

why cant we fill out and submit the k1 visa and do the waiting here with me in the usa till its processed ,why must she be in canada for the long 6 month wait if we had to drive back there for interviews or personal contact we could but why does she have to do the waiting period over there cant she just reenter on the passport as another visit diurring this waiting period

Why did my wife have to stay in the Philippines for eight months while we processed the VISA documents??? Because it's the law my friend. Like it or not it does end up working in the end, but only if you listen to what VJ'ers are telling you. Only if you are open to advice. Good luck

[CanadiaGirl 10]

I'm Canadian and the tourist stay is 6 months.

So here's the quick summary:

1. She and her daughter goes home, before her tourist visa is up. Honestly the sooner you do the sooner you'll have her back with you (Something to consider).

2. You file the documentation AFTER she's back in Canada
3. File for the visa you feel is best suited towards your situation (CR-1 or K-1). Know that even a K-1 visa you still have to wait until they give you your 90 day window to marry. you can't get married the day after you file your K-1.
4. Wait it out like all of us have had.

I strongly advise you do the following. She go back to Canada BEFORE you file ANYTHING. Sure get the paper work together now but don't file anything while she's in the USA. Being Canadian doesn't mean she gets more privledges over other countries. If you file while she's there, they will know this. They will know the date she entered under her tourist visa and they will see the date you filed. You HAVE to understand that when this is seen she could be deported, the petition denied and she could be banned from entering into the USA. Do you want that? Will it be worth never having her in the USA just because you both couldn't wait and do the process correct? To me it's not worth it to do it the wrong way.

Right now you ARE ok. She is there visiting. As soon as marriage is done and or papers filed for petitions now you're committing a fraud. So to prevent this the legal way will be to file again AFTER she leaves and is in Canada.

When she goes back is entirely up to you both and how fast you want to begin this process. While I understand she gave up her house I don't see how it would be a problem for her to find a rental home for a little while and or stay with family. She could use the 6 months to get these things setup which to me is a fair amount of time to get reestablished.

When I was filing for my Marriage Visa (CR-1) (DH and I got married in Canada) I had to wait a year for my visa to process, much like anyone else going through the process, so I wouldn't go in thinking Canadian = easier. Not the case at all.

I was allowed to go back and forth to visit him. But I never visited under false pretenses and this was AFTER our vis had be filled, and the process had started. The first time we made plans I called ahead to our POE and spoke with an officer got his name so that I could reference the conversation with him should we have had problems. I had no proof of ties to Canada (which is on her to proove that she'll be returning) so we took the risk of me being turned away when we told them I was visiting while my visa was processing. This is where flying comes in handy as it's better proof of her travel plans and return flights etc. This is legal to do but the Border has every right to deny her and her daughter entry if they feel that she won't be returning to Canada and will be entering under the pretenses she just entered under. I was very blessed that they let us through each time. I would return once a month though and would rarely go for more than a month at a time. Just so I could also maintain my residency in Ontario (close to London) (health benefits and all)

What did you tell the border when she crossed this time? This is IMHO very important as well. If she said she's just visiting that will likely be documented.

Either way this process will involve time away from your loved ones. Not to be rude but you will find little to no sympathy for that fact. We've all had to take the appropriate steps to be with those who we love, we had to wait, endure the strain it would cause and overall just wait with baded breath to see what the verdict was.

I would also take note that in the US filing times are seeming to be a bit longer? Maybe that was just 5 months ago when the immigration reform happened. But Many on here noticed their normal wait times extended. So please be sure to check current wait times so you can get an accurate idea as far as how long this will take.

We understand you want to be with her, we've all been there. But you do what you have to do so that your spouse is with you legally. Trust me a year of going through hell is worth it if it means a life time with them. Something for you to consider.

Edited August 19, 2013 by CanadiaGirl