Need advice and time table for K-1

[CheekyMonkeys154 27]

You can visit while a K1 is being processed but it is obviously up to the POE officer and/or the person issuing the visa. My fiance visits many times after our engagement and they only stopped him once extra to verify he wasn't packing basically more than he should and nothing more. They let him go on about his way for the visit and he flew home three weeks later. It is a gamble to visit during but as long as you have all your ducks in a row and show you are doing stuff the correct way and have ties to your country etc... should be fine. As far as bringing her back? There is no way to know for sure how long it will take but I would imagine it would be ok as long as she only stays the amount of time allowed and nothing more.

[Gattious 1]

This banter is confusing and off topic. Please refrain from it, i appreciate all the input but nn to go back and forth like htis.

[Pennycat 880]

This banter is confusing and off topic. Please refrain from it, i appreciate all the input but nn to go back and forth like htis.

Sorry. Was trying to prevent you taking the same bad/ illegal advice and winding up in a similar situation to the other poster. Sometimes people here give advice meaning well, but it is wrong, as was the case here. Sometimes it takes a minute to clear up what the issue is and why the advice is wrong, particularly for newbies.

As I said, addressing you, Canadians have different rules and will be able to visit so long as they can prove that on that particular trip, they intend to return to Canada. As long as she doesn't overstay the time allotted and is able to make it to the consulate (in Montreal I believe is the only one they process K-1s through? Don't quote me on that) to take care of medical/interview etc, you should be all good. Here is a forum for Canadian-specific concerns where they are better equipped to give pointers on making crossings while a K-1 is processing. http://www.visajourney.com/forums/forum/93-canada/

[Romet 28]

My fiance, Canadian. I'm american.

It is my understanding that we must get a k-1 then marry or else it is considered fraud. We are both in Canada right now, i'm just visiting.

If she comes back to the states with me [ florida ] while I process the k-1 how long can I expect her to stay until she has to go back to Canada to handle her side.

I read the stickies , guides / faq but I still don't understand fully.

I want to keep her physically with me as long as possible, can anyone guide me in a way to do this? She also would like to work if possible while during her green card process. Will it be hard for her to get a job with a EAD i think its called? Will employers look down on her or will it be hard for them to employ her with one?

I have to file for a temporary work visa after or can I do it at the same time as the k-1. I've heard both so I want to make sure.

Will an immigration lawyer speed this up? I know I can't expedite k-1s.

SO I send the petition and wait for approval, that takes anywhere from 1 month to 6 the faq said.

I then wait for it to be proccessed at the NVC and then sent to the consulate...

Thats when she can pick it up, correct?

How long does the proccessing and the NVC take, how long for them to send to the consulate.

I read she needs a medical check, how long does that take to schedule and what other details are going into this on what she needs to do. What is the timeframe she needs etc.

I value any opinions you share. Thank you

I'm not sure if the timeline questions/processing was answered...

But a HUGE part of the timeline is dependent on where your service center is. If you get the CALIFORNIA SERVICE CENTER (CSC) or the Texas Service Center (TSC). Although we can't determine exactly the timeline for any petition... it is safe to say that the TSC takes significantly longer to process petitions than the CSC. I will ONLY talk "averages" and I'm sure others that have gone through the TSC can help you with understanding that processing time a bit better.

It looks likes it takes the CSC about a month to get your NOA2. TSC takes between 5-7 months as of now.

Once you get your NOA2, your case will be sent to the NVC (National Visa Center) and they are saying (when you call for status) that it can take up to 35 days.

After you get your case number and your packet leaves the NVC it usually takes about a week to get to your embassy.

From that point, different countries have different timelines. Check your countries page and they should be able to give you a lot better information on exactly how the process works. For the most part, everyone has to get medial exams done and then interview. I just don't know how long it actually takes for your country... but I think it's pretty swift for Canadians. Again, check out your page, it will usually give you a LOT of information.

AGAIN... THIS IS LITERALLY JUST AN AVERAGE GUIDELINE... Everyone's situation is different. I know someone that got through EVERYTHING in less 4 months (in US) and another that is waiting over 7 months (still not having their NOA2).

I didn't hire a lawyer, but I hired a "visa agency" that sold me on "guaranteeing" our approval. That was before we became a member of VJ and I realized they were full of it and I wasted a lot of money to do pretty much everything on my own anyway.. and they just filled out the forms... which I STILL have to proof read and verify. Waste of money!!!!

CONGRATS ON YOUR ENGAGEMENT AND GOOD LUCK ON YOUR JOURNEY!!!!!!

[yuna628 9,680]

Being that the petitioner has the location listed as Florida, based on that, the case when filed will be sent with TSC -- lengthy wait expected.

[Pennycat 880]

Flowchart/timeline. Because you'll be at TSC, for the part that says "Second Notice of Action", add 7 months. This could change any month (up or down), but don't plan on down.

http://www.visajourney.com/content/k1flow

She can stay in the country for 6 months, with the option of extension, it seems. But she won't be able to work during this period of time--she'll be on a visitor's status and not able to apply for changing to a different status until you're married (which, if she enters the country with this plan, is as you mentioned, fraud).

http://canada.usembassy.gov/visas/information-for-canadians.html

I, personally, would not file for the K-1 until she's in the country as a visitor. Then you file immediately, wait 6 months and she can go back home to deal wtih what she'll need to deal with (police reports/ birth certificates/ medical/ interview) for the last 2 or 3 months.

Then she can come back, using the K-1. She can apply for a green card the day after you're married. If you apply for employment authorization (EAD) at the same time as the green card, there is no additional fee for the EAD. EAD takes about 3 or 4 months. So if you wait the full 90 days to marry, you're looking at 6 or 7 months before she can work.

[AliciaBenCampbell 2]

I am Canadian and my fiancé is an American and I have been traveling back and fourth every 9 days for my 5 days off for the past 2 years and have never once been denied . I have been completely honest and told them we applied for a k1 visa and we are not marrying till it's approved !

[lkerky 25]

I visited my fiancé multiple times without being denied but I did have to show a return flight. I was open and honest about our K1 application! The process also depends on where your fiancé lives in Canada, whether she will go to Vancouver or Montreal for the interview.

I visited my fiancé multiple times without being denied but I did have to show a return flight. I was open and honest about our K1 application! The process also depends on where your fiancé lives in Canada, whether she will go to Vancouver or Montreal for the interview.

[yobert26 0]

Agreed on the fiancee being able to visit with a K1 visa in process. My fiancee is from France and was able to visit me in NYC on an ESTA once a month for 6 months. She was never asked any questions at all and never had to prove a return flight home, etc.

[raven52 233]

I think you are fine, and you are lucky as you can wait out the K-1 visa (7+ months) with her, but she needs to go back to Canada, I think before 6 months, is up.

You are indeed lucky, but would be extremely careful, and what ever you do, I recommend, stay with the K-1, and I would not get married, and have to file an I-130, and wait 12-16 more months.

Good luck on your journey!

[Fluffinhos 17]

If shortening the wait by 6-7 (or more?) months is important enough to you, you may wish to seriously consider having the USC petitioner move to a state that is serviced by the California Service Center prior to submitting the K-1 petition. Moving back to Florida after you submit the petition and receive an NOA-1 is an option.

The CSC states are the green states in this map.

[JM22 0]

Hey there,

I am Canadian and my fiancé is American. We filed in late December and my interview is tomorrow (almost exactly 3 months from start to finish (feel free to check out my timeline for specifics). This can vary quite a bit, and it seems like the CSC is much quicker than others, so we got lucky I suppose. We did not use a lawyer, just did all the research ourselves. It was pretty straightforward for us though - no previous marriages, no children, no legal issues, etc., I believe those sort of things can make it more complicated.

I have had no problem visiting the States while my K1 was processing. I still drove across the border probably 3 out of four weekends. As long as she is not staying for longer than 6 months of the year (this is the legally allowed amount for Canadians visiting the US), she should be fine. Once you receive the NOA2 it may be a good time for her to go back because after that she will need to take action on her end - sending in information for packet 3, scheduling and attending interview. I have been dealing with the consulate in Vancouver, which has been VERY quick. Montreal may be busier.

One other thing to note is that I did get asked about my ties to Canada once or twice when I was crossing to visit - they asked if I had a job back in Vancouver… I think to make sure I still had things keeping me in Canada and that I wouldn't just try to stay down in the States.

As far as working goes… when she moves down once the K1 is approved, and you file for the green card (after you get married), she can file for EAD at the same time. I hear this takes around 3 months. Employers may ask if she is legally able to work in the US for any employer - and the answer would be yes. Shouldn't be an issue.

Anyway.. do your research, follow the guides on here.. you will be fine! The guides have been extremely helpful.

Edited March 24, 2015 by Jessie&Matt

[missingmyguy 4]

Im Canadian, engaged to a US citizen, and we were engaged while i was in the USA, and I traveled after that time. You must be forthright and honest at the border and when they ask you why you are entering, tell them. To visit your fiance, and be prepared to show proof of return if needed. If they felt someone was not maybe not telling the full reason why you may then be denied.

As far as starting the process, YES you can start it in the US when she visits. I used a lawyer on my last trip down to start the k1 visa. Their are documents for you both to sign so its easier to do it together in one place.

Getting our K1 ready only took one day with a good lawyer because he made all copies and assembled everything and provided all documents. The prep before hand may take a few days....like getting your pics, and documents together for the packet. But overall it wont take long if you are organized...for us a week was plenty to do what our lawyer needed for the package.

The lawyer cannot speed up the process but im glad we went with one. He just simplified every step for us to not worry about. He tells us exatly when to gather this or book that...ect

My case went to texas service centre so you can expect if your is sent during a busy season a long wait possibly.

We expect it will be around a year from k1 sent to wedding..i filed in October my NOA1 and we are still waiting for step two.., prob a few more weeks.

[Gattious 1]

My fiance [the canadian] has a kid but he will not be coming with us, k-1 obviously.

Will she have to list that in the forms?

[JMB0 1]

It might just be luck, but I've found the K1 process very fast so far. We sent our petition around January 3rd I believe, and my Visa interview is scheduled for April 20th. We might well have the whole thing finished within 4 months of submitting. If your case is straight forward, get the K1 ball rolling!

Edited March 25, 2015 by JMB0