Can girlfriend come here then file?

[Boiler 46,651]

Hi all. I posted here long ago about how to get around DOMA, and unfortunately there really was no way. Luckily we are now in a post-DOMA world. I am still with the same lovely girl, 3 years later. She is a Canadian citizen living in Toronto and I am an American citizen living in Atlanta.

Our plan has always been for her to finish school there (Canada) since it's cheaper than ridiculous US education fees. She is about to get her 2 year degree and was moving on to get her 4 year (in education.. she wants to be an elementary school teacher) when her parents informed her she was worhtless for not working and bringing in money and that she would no longer be going to school and had to get a job or get out.

She's in Toronto where the cost of living is ridiculously high (trust me, I know from visiting ) and though she's been searching for a job she hasn't found anything yet (her school is trying to work with her but so far nothing). She's 23 and would much rather NOT live with her parents (who have always pretty much treated her like ####### - also she's not out to them because her father informed his kids he would murder them if they were homosexual...) but she's been working her butt off in school to get everything done so we can be together here. Now that her 4 year degree is no longer in the picture we are looking at options for her to come here ASAP.

My main question is (which I kind of already figure I know the answer to), if she were to come here saying she's visiting then we file paperwork for a green card would that work? Basically if we skipped the K1 process. I know it would be bad if she lied at the boarder but she is allowed here for 6 months at a time so could we not file and get everything done by then?

Right now the plan is to do the K1 process correctly, however she's in danger of getting kicked out if she can't get a job and though her and her sister are looking for cheap apartments right now those don't really exist around Toronto. My worry is that she will end up homeless in a shelter or something and I cannot let that happen, that is the woman that I love and I can't let her be on the streets so I would go and basically drag her to come live with me. But then she'd be an illegal immigrant until/unless we could file for a greencard while she's here but if it were denied I know she'd have to go back and everything would be even more complicated.

Any advice?

Not sure how the Canadian Education system works, but at 23 would you not have finished a 4 year degree?

From what I understand Toronto/Canada has a much better job market, why do you think she would find it easier in the US?She would be unable to work for 3 plus months on a K1. Seems she has no real qualifications.

If you want to financially help her you can, no law against that.

[I AM NOT THAT GUY 5,715]

Why?

OP also asking questions about the K-1 process, and this is the place for that. They merely said they wanted to know if they could skip the K-1 process, but since that is not possible and no one wants to violate the TOS by telling them to do it, this post does not need to be in the forum about the AOS from tourist visa process, IMO. Thought about moving it to What Visa Do I Need, but they were specifically asking about the K-1 process.

How is anybody violating the TOS? Reported.

[Ketsuban 1,034]

How is anybody violating the TOS? Reported.

Jay-Kay didn't actually say anybody was violating the TOS. They said moving it to the AOS forum would be inappropriate since they were thinking of visiting with intent of adjusting which is illegal, thus preventing any violation.

[KayDeeCee 4,897]

How is anybody violating the TOS? Reported.

I said no one wants to. Where did I say anyone did? I hope you reported for your reading comprehension.

You still did not answer why this should be moved there. I stated my opinion why I did not think it should be.

[canadian_wife 1,829]

I lived in Toronto for many years. There are plenty of afforadable places to live. One may not be able to live at 1 King West, but she can certainly find an affordable place to live.

Good luck

[Not a Tailor 1,370]

I lived in Toronto for many years. There are plenty of afforadable places to live. One may not be able to live at 1 King West, but she can certainly find an affordable place to live.

Good luck

With the fact that half the city is being turned into million dollar condos right now and a housing shortage (1.6 people looking for rental spaces for every 1 rental space available) rents have skyrocketed in Toronto. I currently pay 375/mo to LITERALLY live in a closet. As in, I literally have enough room, in a windowless space, for a twin mattress and that's it--and that's sharing a 1 bedroom apartment with two other people. If you want to spend 500/mo for an actual bedroom, you HAVE to have a transit pass--which is now 130/mo. 630/mo is not cheap, however you look at it, and you're looking at a 45 minute commute bare minimum to the downtown--where the jobs are. And with Rob Ford still in power, the bloody transit delays and costs won't improve anytime soon. I've known several people who have lost jobs because transit is getting so horrible.

As for the OP?

Hi. I'm a Torontonian lady with a partner in TX--her parents live in Georgia, though! We just got married so that we can bypass the uncertainty of it being illegal for me to find work while the adjustment of status from K-1 to greencard happens. We're applying in the next couple of weeks. It takes longer, yes, but imo, it's worth it if she can find ANYWHERE to live. It won't be cheap, but it costs way less than K-1 and AOS for us to do it this way and I won't lose months of wages. You have to look at the super longterm. I dunno if that's helpful, but if it is, it's worth thinking about.

[JnRMo 16]

Why are her choices live with parents or be homeless? She is 23, she can move anywhere in the lovely country of Canada and get a job in the meantime. Or get a part time job and continue school and find her own place. There has to be student housing in Toronto since so many universities are there. Room shares, things like that. Time to grow up

Edit: Here is a private room for $425/a month. Not bad. http://toronto.en.craigslist.ca/bra/roo/4391391308.html

$500 private room with a private bathroom. http://toronto.en.craigslist.ca/tor/roo/4391346123.html

That's in Canadian Dollars too.

OP appears to be from Atlanta - dirt cheap compared to a lot of cities - not to mention she was probably hosed by the awful exchange rate when visiting.

[I AM NOT THAT GUY 5,715]

I said no one wants to. Where did I say anyone did? I hope you reported for your reading comprehension.

You still did not answer why this should be moved there. I stated my opinion why I did not think it should be.

You are right on the first part. However, she was asking a question that could be better answered in the other forum - possibly - you never know.

Edited March 25, 2014 by The Postmaster

[Harpa Timsah 13,259]

Uh, those people don't get citizenship. They don't get a visa either.

This site is only for legal advice, so what you are saying, "do fraud if you want," is against the site rules.

(quote removed for violating TOS -advocating fraud- has been removed - VJ Moderation)

Edited March 25, 2014 by Kathryn41

[Ketsuban 1,034]

You are right on the first part. However, she was asking a question that could be better answered in the other forum - possibly - you never know.

It very well could be, but again, would be violating TOS if that were to happen since intent to immigrate using a tourist visa is illegal.

[Janelle2002 3,865]

Uh, those people don't get citizenship. They don't get a visa either.

This site is only for legal advice, so what you are saying, "do fraud if you want," is against the site rules.

My post was not advice, it was an opinion. My post said do what is best for you and your family, not commit fraud if you want. (edited to remove non-constructive comment - VJ Moderation)

Edited March 25, 2014 by Kathryn41

[Kathryn41 3,205]

One post has been removed for appearing to condone immigration fraud (appearance can be just as damaging as actual support) along with one post edited to remove the quoted post.

Please be careful when expressing frustration or doubt about pursuing the proper immigration process when addressing the issue of illegal immigration. It is easy to misconstrue your comment and may still be interpreted as advocating fraud.

[KayDeeCee 4,897]

You are right on the first part. However, she was asking a question that could be better answered in the other forum - possibly - you never know.

That other forum is for discussing the process for those applying for AOS from a work, student or tourist visa. Her girlfriend is not in the US and able to file for AOS, so that process is not on the table for them. It is against TOS to tell them it is, and how to do it. Therefore, I think it is better here, where they can discuss filing for the K-1 instead.

[Me_Theo 25]

If you know her, also you are sure about your love, She can come in U.S from broader like Minnesota or other states as visitor for some day , Then she can marry with you in U.S, after marriage she goes back in canada, then you apply for marriage visa , also during the processing time , she can come in US to visit you, no trick no fraud will not happen. During processing time you send some money for her to live in canada, she can also work in Canada for part time or..... I don't see no kind problem here.

Edited March 26, 2014 by Me_Theo

[No name 88 48]

Everyone is rambling about TOS. The OP doesn't care. If something is against TOS click the report button there's to beat a dead horse.

To the OP. Entering the US on the VWP with intent to immigrate is visa fraud. It is not fraud to enter the US and then decide to immigrate but you posted on an internet forum so you already let the cat out of the bag.

Your fiancee can join you in the US on the VWP and get married in the US. You can petition the K-1 while your still together in the US. As long as you fiancee doesn't overstay the VWP you should be fine. Your fiancee will have to be in Canada for the medical and interview.