Can girlfriend come here then file?

[Erica & L 52]

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.

Canada isn't a participant in the VWP, though?

Edited March 26, 2014 by Erica & Lily

[NickiMinaj 0]

I would suggest that she do what I did.

Enter the US as a tourist, submit the K1 paperwork whilst she is here (it is a bit easier with you both together), leave the US before the 6 months is up (for me it was 90 days as I am from a VWP country) and then wait the rest of the time out in a rented room in an apartment. A friend of a friend rented me a room for a few months. This was at the time when K1s were taking 9 months to approve. It should be shorter for you.

On entry to the US, your girlfriend must not lie about anything. Just answer the questions she is asked but don't lie. It is not just 'bad to lie' - it could seriously affect your future life together. Read the pinned 'Yes you can visit thread' at the top of the K1 sub-forum for more info of travelling and look at this guide - http://www.visajourney.com/content/k1visit See if she has any documentation to show that she needs to go back to Canada.

Yeah it sucks being apart but, having been in the US for 9 months now, I can tell you that the memories of the challenging times of being apart fade after a time. Then real life of living with your husband or wife kicks in!

Thank you. I didn't think about that. She has to be back in Canada for as long as she was here, right?

We have been waiting for over 3 years so a few more months isn't going to kill anyone - it's just that I am growing more concerned about her safety lately. She has put into social services to help her get a job to be able to afford rent. It's not as if she isn't trying (and yes she knows I would also help her in paying however I won't be able to afford her entire rent + mine). She doesn't have her degree because she had to quit college halfway through several times to get a job. She will graduate next month with her 2 year degree and was then planning to transfer to a larger uni for the 4 but now she will just be trying to find a job (which hopefully wont be too hard once she at least has the 2 year).

One more question - once the K1 is filed and they mail her, what does it look like? And will I be able to change her mailing address/mail it to a friend of hers? We do not want it going to her house because a parent could intercept and ask questions. If her father found out she's in a same-sex relationship she could come into serious harm. He's already 'warned' his kids against it. Ideally she will be out of there soon and in her own place so right now we are waiting to file... even though we want to do it ASAP we want to do it right.

Thank you to those of you who were helpful in your replies.

edit - yes Atlanta is dirt cheap, especially compared to Toronto - I am shocked every time I go there at how expensive everything is

And yes, we know we have to marry in another state. New York is the plan. Thank you

Edited April 11, 2014 by NickiMinaj

[NikLR 13,232]

They do not mail her.

You file the petition. You can call the USCIS. (She cannot.) After the petition is approved, either of you can call the NVC to find out the case number (it is a long distance call, however you can call with google voice for free.) Then everything is done via email. She would need a medical which can be done at several places close to Toronto or in Montreal, and finally the interview in Montreal. The train is pretty cheap to get there.

Research the costs. Because she lives so close to Montreal, where spousal visas are done, you could get married first and file a spousal visa. This would eliminate the need to find an acceptable state to marry in, the adjustment of status, and the need to wait for her to be able to work (or travel outside the USA) once in the USA. Each state has their own rules for in-state tuition though and if she wants to return to school, she may need to wait a year or so.

The CR1 would take longer to get of course.

I'm really sorry her father is such a close minded jerk. It must be incredibly hard to try and get a degree when your family doesn't support you. I know you can always go back and do it later though. My sister graduated 2009 at age 35. She was head of her BSc in Nursing class and had two kids who were preteens when she started. She's an emergency RN and I couldn't be more proud!

Next year I will also go back to school for 2 years. ( I don't want to be the old lady at walmart.) I will be 34, and 36 when I graduate. But it's never to late to start your life!!!

Best of luck to the both of you!!!

[aaron2020 11,651]

Hi,

Here is the law. This is in no way advocating anything. It is merely US laws.

It is illegal to enter the US on a non-immigrant visa, visa waiver, etc. with the intent to immigrate.

Preconceived intent is not considered when an Immediate Relative of a US citizen applies to adjust status as long as the person did not lie at the POE. (Google "Matter of Cavazos")

Edited April 11, 2014 by aaron2020