fiance & me are at a loss and confused, please help

[Pennycat 880]

I am Canadian and live in Canada, my fiance is American and lives in the US. We want to live in the US and begin our lives together there and finally be able to be together permenently. We want to marry soon, but after tons of research we don't know if we should marry here in Canada, or over in the US and we don't know how to go about this at all. I am getting very confused, because I keep reading that once you are in the US with your spouse, you can apply for an Adjustment of Status (and I think the I-130 petition beforehand or with the AOS app) and that it's the most ideal way to go. Then you are able to stay in the US with your spouse while the applications are processing. However, I have read on other sites, that if you try to apply for an Adjustment of Status that you could be charged with fraud and that you would be denied because when you entered, you didn't show immigrating intents, so therefore are not allowed to apply for AOS.

This is indeed a possibility, although there is quite a bit of debate on this site about whether or not it is fraud. Basically, if you cross that border with the intention of marrying and staying, it's fraud. They can't prove it, because they can't prove what is in your mind at the time, but they can certainly make your life an expensive hell, and on an office-by-office and adjudicator-by adjudicator basis, can just decide that it's fraud and deny your AOS and then you're really stuck. I personally know someone this happened to (and it wasn't even intentional--they didn't even realize that you're not allowed to do what they did--never heard of a fiance visa) and very very long story short, the husband was "out of status" here for over 6 months and couldn't work legally and if he'd been caught by ICE could have been deported. The expensive part was the lawyers.

How do people do it then? How are you supposed to be together and live together?

People wait. Here, mostly. You get to be together and live together once this nightmare is over.

We also could marry here in Canada, and then apply from the outside using Consular Processing. However, this can take a very long time (up to a year or more) and from what I am reading, this means I cannot go there and stay with him while it is processing, correct?

As a Canadian, you have much easier access to the US than most people do. I think you'd probably be able to visit while papers are in the works, as long as you have proof of return to Canada. This might be a better question for people who have done this from Canada.

I'm afraid I willl have to stay here. We will also be doing a vaccine waiver, because I am unable to get vaccines, and I don't know if I am supposed to apply for this waiver first, before anything else, or what. I am not sure of the order of operations.

That would probably be sometime around your medical appointment time which is a bit later in the process. That'll be a bridge to cross when you get there, and if you're unable to get vaccines, I think the waiver will be pretty simple.

Then of course there is the fiance visa which I have been reading about. I didn't think Canadians needed any kind of visas to enter the US but am learning that we do apparently.

You don't need visas to come visit the US. You might not even need visas to conduct business in the US. But you DO need a visa to work here. And you certainly need a visa to immigrate here, which is what you're trying to do. If you marry in Canada, you'll apply for a spousal visa to be able to come here to stay here. Anything but tourism or business requires a visa. The US has a very open door policy to Canada, but we're still different countries.

How does this work? Could someone who knows about this please tell me what you think is best and help direct us to what we should do? We are really confused at this point. Thank you very much.

A lot of paperwork, a lot of waiting. Basically your choice is fiance visa which gives you permission to enter with intent to stay here (and requires that you marry in the US within 90 days of arrival). After that, you apply for work authorization and green card and wait some more for those or spousal visa which the work authorization and green card are all one package (more or less--read more about this for clarity, I don't know it that well as I'm doing fiance). Fiance visa takes about half the time as spousal visa (on average but this changes) because you're waiting for your green card in the US and not in Canada.

[NYCruiser 423]

You can review recent interviews in Montreal, but two things are coming to my mind:

-as far as I know, all vaccines are required prior to approval in Montreal

- I've only seen medical waivers being approved on my time on vj (denied were religious, philosophical, etc.)

I would not bet on the waiver for religious reasons. This is the problem we are having here now with 'religious objectors' and measles.

Also the total fee for the K1 is much higher. $340.00 for the I-129F, $240.00 for the Visa CO Interview and about $200+ for the medical depending on how many vaccinations you have already had. Then there is the $1070 for the AOS. Total is upwards of $1800.00. Not sure how much for the CR-1

[asisflyer 47]

Can you clarify "unable to get vaccines" ?

Is it financial, logistical, religious, philosophical, or other ?

[bunny82 0]

Thanks so much for the help. Catherine, if I go the Fiance Visa route, which I believe will be best and quickest, for how long can I visit during that time? I understand it can take anywhere between 4-12 months to go thru. Am I able to go and visit for a 6 month period? Do I have to be in Canada at the time of receiving the approval for the visa? And as for the vaccine waiver (I-690), is this something that I need to apply for before/with the interview, or do I have to have the actual waiver in hand and approved before/with the interview? I was also wondering if I could be provided a link or something to show me that I need the vaccines for the fiance visa, becuase everywhere I have read, it is optional, but encouraged. It's when you get to the US that you for sure have to get them for the AOS.

To the other answers about vaccines, my post is not about vaccines, the only part pertaining to vaccines is the order of operations for the vaccine waiver form. I have very serious and legit reasons for not being able to get vaccines which I will not discuss on here because of the sensitivy around this issue. I don't want a pro and anti vaccine debate. I just really need help in figuring out how to get me and my fiance together and living in the same country.

Thank you.

[Lemonslice 4,852]

I'm sure your reasons are valid and justified; that being said, if they're not medical, the waiver will most probably not be approved. Just a friendly heads up.

Edited February 2, 2015 by Boston~Montreal

[Lemonslice 4,852]

Another point that might be of importance if you go the fiance visa way, you will be unable to exit and re enter the USA for a couple of months after your wedding, until you receive advance parole.

[Pennycat 880]

Thanks so much for the help. Catherine, if I go the Fiance Visa route, which I believe will be best and quickest, for how long can I visit during that time?

This, sadly, I don't know. I'm not 100% clear on how that works. My fiance was unable to get a tourist visa to visit here (before we were engaged) and the chances of getting a tourist visa from a country that needs one after you've started the K-1 process is basically zero. So I have absloutely no clue. There is a thread in the K1 forum (I think it's at the top) called "Yes You Can Visit" or something like that. I don't go in there because it kind of makes me cry a little . There are also regional forums, and someone in the Canada one will certainly have insight for you there.

I understand it can take anywhere between 4-12 months to go thru. Am I able to go and visit for a 6 month period? Do I have to be in Canada at the time of receiving the approval for the visa?

You'll have to be in Canada for your interview, and if approved, the visa will be same-day or within a few days. They will have your passport for that period of time, so yes. You'll have to be in Canada. Some embassies allow you to schedule your interview date (some, you get what you get) but really, as long as you can get to Montreal on whatever date you get....you'll be back, visa in hand in a week or so. NOTE: if you're planning on having a big white wedding with all your family and friends---you may want to try to schedule that appointment for later, if you can schedule. Or hang out in Canada for a month or more to give yourself time to plan. It is not easy to throw together a princess wedding in 90 days. You can always have a courthouse marriage to get it done within 90 days, and the church/dress/party thing at a later date. But some people (myself included) don't love this idea. It's a personal thing though.

And as for the vaccine waiver (I-690), is this something that I need to apply for before/with the interview, or do I have to have the actual waiver in hand and approved before/with the interview? I was also wondering if I could be provided a link or something to show me that I need the vaccines for the fiance visa, becuase everywhere I have read, it is optional, but encouraged. It's when you get to the US that you for sure have to get them for the AOS.

From what I've seen, you're correct on this. It could be a problem in your medical or in your interview, though (which are part of the K1) because most people have them. Best you can do is hope for the best, I suppose. Or get a note from the doctor who does your medical addressing this issue. Don't know what to say to this one.

To the other answers about vaccines, my post is not about vaccines, the only part pertaining to vaccines is the order of operations for the vaccine waiver form. I have very serious and legit reasons for not being able to get vaccines which I will not discuss on here because of the sensitivy around this issue. I don't want a pro and anti vaccine debate. I just really need help in figuring out how to get me and my fiance together and living in the same country.

Thank you.

[Lemonslice 4,852]

I'm on my phone, so I can't link, but google packet 4 Montreal and you can access the full PDF for this consulate, for all details

/ here is a quote:

U.S. immigration law requires immigrant and K visa applicants to obtain certain vaccinations prior to the issuance of an immigrant visa. Panel physicians are required to verify that immigrant

visa applicants have met the vaccination requirement or that it is medically inappropriate for the visa applicant to receive each of the following vaccinations:

Diphtheria toxoids

Haemophilus Influenza Type B (Hib)

Hepatitis A

Hepatitis B

Influenza

Measles

Meningococcal

Mumps

Pertussis

Pneumococcal

Polio

Rotavirus

Rubella

Tetanus

Varicella

In order to assist the panel physician and to avoid delays in the processing of an immigrant visa, all immigrant visa applicants should have their vaccination records available for the panel

physicians review at the time of the immigrant medical examination. Visa applicants should consult with their regular health care provider to obtain a copy of their immunization record, if

one is available. If you do not have a vaccination record, the panel physician will work with you to determine which vaccinations you may need to meet the requirement. Only a physician can determine which of the listed vaccinations are medically appropriate for you, given your age, history and current medical condition

[LiliBurd 85]

Thanks so much for the help. Catherine, if I go the Fiance Visa route, which I believe will be best and quickest, for how long can I visit during that time? I understand it can take anywhere between 4-12 months to go thru. Am I able to go and visit for a 6 month period? Do I have to be in Canada at the time of receiving the approval for the visa? And as for the vaccine waiver (I-690), is this something that I need to apply for before/with the interview, or do I have to have the actual waiver in hand and approved before/with the interview? I was also wondering if I could be provided a link or something to show me that I need the vaccines for the fiance visa, becuase everywhere I have read, it is optional, but encouraged. It's when you get to the US that you for sure have to get them for the AOS.

To the other answers about vaccines, my post is not about vaccines, the only part pertaining to vaccines is the order of operations for the vaccine waiver form. I have very serious and legit reasons for not being able to get vaccines which I will not discuss on here because of the sensitivy around this issue. I don't want a pro and anti vaccine debate. I just really need help in figuring out how to get me and my fiance together and living in the same country.

Thank you.

Canadians are allowed to stay in the US for up to 6 months, the only issue you may face is showing ties to Canada for them to let you through at the border. As for vaccines from what I understand, we are required to have MMR, tetanus, and flu if it's the flu season. If you had chickenpox you don't need that vaccine obviously. I'm not sure if you were vaccinated as a child but if so, you probably had MMR, so the only one you'd have to worry about is tetanus. I've also read that they only waiver for medical reasons like if you have reactions to vaccines etc... but I guess it could be worth a try.

[bunny82 0]

Thanks a lot guys. I am Canadian so I wouldn't need a tourist visa to enter during the K-1 process to visit would I Catherine? The refusal of vaccines IS for medical reasons but the waiver only works for religous or moral convicitions so it's something I am trying to figure out.

Liliburd so you are saying I can visit during the K-1 processing for up to 6 months? As for the vaccines, I don't think tetanus is the only one I would have to worry about, there is a big list, more than what you just listed. I did have MMR as a child as well as the other childhood vaccines. I also had Hep B in 2010. Also back in 2002 I had the "10 year" shots or whatever they are called. I don't really have records of all of this though. My health condition came about after this and is the reason I cannot get them now. There are many on the big list that I do not have and cannot get. I am 32 years old.

[LiliBurd 85]

Thanks a lot guys. I am Canadian so I wouldn't need a tourist visa to enter during the K-1 process to visit would I Catherine? The refusal of vaccines IS for medical reasons but the waiver only works for religous or moral convicitions so it's something I am trying to figure out.

Liliburd so you are saying I can visit during the K-1 processing for up to 6 months? As for the vaccines, I don't think tetanus is the only one I would have to worry about, there is a big list, more than what you just listed. I did have MMR as a child as well as the other childhood vaccines. I also had Hep B in 2010. Also back in 2002 I had the "10 year" shots or whatever they are called. I don't really have records of all of this though. My health condition came about after this and is the reason I cannot get them now. There are many on the big list that I do not have and cannot get. I am 32 years old.

Yes you can visit and yes we are allowed up to 6 months. But if the officer doesn't think you have enough ties to Canada, and thinks you might stay illegally they could refuse you entry.

Vaccines are based on your age, I'm 30 almost 31 and those are the vaccines required. Here's the list http://www.cdc.gov/vaccines/schedules/downloads/adult/adult-schedule-easy-read-bw.pdf I just looked on the ds-3025 form, under section 4 Contraindication to vaccination. If you have a letter from your gp explaining the situation I would think you'd be ok.

[bunny82 0]

Thanks Liliburd. I am not sure what ties I would have to show. I mean, my family lives here and I would have to come back anyway to complete all my papers and get to my interview and make sure everything is in order to get the visa etc.

So the vaccines that are middle-colored gray are ones that we "may" be required to get. I guess this is something you won't know until you get to the appointment. The thing is, I cannot get any of these vaccines and I remember reading somewhere that you cannot refuse many of them even with the Doctor explaining... that you can only get 1 or something like that ticked off the list, but still have to get others. So all you needed was the tetanus (Td/Tdap)? This is all one shot? I definitely cannot get it and could get my doctor to explain but I still worry it's not going to be accepted. I have heard many stories on here and other places where people with health conditions were denied approval of this and couldn't enter the US. As for Chickenpox, yes, I did have that as a child.

So the first step to all of this would be applying for the vaccine waiver (if need be) and getting my fiance to start the ball rolling with the Petition for Alien Fiance?

[Lemonslice 4,852]

If it's medical, if I'm not mistaken, the doctor would mark them as "inappropriate" for you. You might not need the waiver, as the doctor is "waiving" the requirement, provided you bring statement of your allergies, previous reactions, etc. from your current Dr. Let me try to find the info when I get home.

[bunny82 0]

Thanks BostonMontreal. How would my Dr go about this? is there a special form or does he just write out a note that says it is inappropriate or contraindicated for me to get certain vaccines that they require? Does the panel physician need to see actual records from all vaccines previously had. I know a lot of people don't have these. I am one of them.

[NikLR 13,227]

Thanks BostonMontreal. How would my Dr go about this? is there a special form or does he just write out a note that says it is inappropriate or contraindicated for me to get certain vaccines that they require? Does the panel physician need to see actual records from all vaccines previously had. I know a lot of people don't have these. I am one of them.

The panel physician will need your medical history. You either have to provide them with a list of the vaccinations you've had (a list from the health clinic or doctor) or proof you have immunity to them which can be done with blood tests. You do this at the medical before the interview. You only need MMR (mumps, measles, and rubella), varicella (chicken pox - can be a verbal declaration), influenza if it's flu season, and Tdap (tetanus, diphtheria, and pertussis.) You do not need anything else and even if you provide proof of immunity it will be marked on the worksheet as not age appropriate. I brought proof of my Hep A and Hep B immunity and that was marked for both of them. As I was just over 30 when I was in the immigration process I had to get a new MMR vaccine because I didn't have immunity to mumps or measles, I don't remember which.

As for visiting, yes technically Canadians can visit for up to 180 days, HOWEVER, it is within the discretion of the CBP officer to allow you entry or not. Don't lie. And you may be requested to provide proof of your ties to Canada, as I posted before. That means if they don't like your answer, they can deny you entry. Technically when a Canadian visits the USA, we're giving a B2 visa, which is sometimes stamped and written in our passports, but we do not have to apply for one as it's a tourist visa. My daughter has her passport stamped with B2 and an exit date each time she visits me.

After interview, if approved, you have anywhere from 1 day to several weeks before you get back your visa, passport, and immigration package. You then have 6 months from the medical date (which cannot be booked until an interview is booked) to enter the USA. After entry you have 90 days to marry with the entry day counting as 1.

again here is a list of the ties to Canada that I've posted before: https://help.cbp.gov/ci/fattach/get/46680/0/filename/Intentions+and+Ties.pdf