New member, same worries...

[BrendanBauer 0]

Hi all,

I'm new to these forums, though they've been a GREAT help to me already! I had some worries that were taken care of by reading many, many of these posts, and everyone seems very helpful. I've got my fiancee/girlfriend in Phoenix (we've talked about marriage a great deal, and I'm heading down there for a few months in 12 days to have some real actual time together. We've visited each other a few times over the past year, so we're not going in cold, but we're both wanting some actual time together, as we, like everyone else here, misses the other like crazy).

We met about...three years ago, and have been dating for a year this May. Reading all these visa/marriage things online is anything but easy, as you all must know, so it was always very discouraging. I mean, could they make it any harder to explain these processes? Finally, things started getting scary, and I wasn't sure how I could make it possible.

I'm from Ontario, Canada, and while I TOTALLY understand that my situation is no different than someone who is with someone from Greece, or Australia, it's quite frustrating being able to just go 25 minutes from my house and be at the border and still have all these issues. I mean, a half an hour, and no more issues. I live in New York, and voila, no more problems, just a plane ticket. Though I'm sure that's boggled a great many people's minds around here too.

Anyway, I've read so many posts here, but I know this process is VERY tight, and needs to have everything go smoothly, so I wanted to ask a few questions just to be certain, so I do apologize in advance as they've probably been asked 40 million times.

1) The affidavit of support is my biggest issue. My girlfriend was married before, and was a housewife. She had no job during that time, and over the past year or so has just started looking. She doesn't have any schooling (she's gone to university, just never finished, and never found what she was looking for) so her options aren't huge, but my big concern is money. She wasn't the bread winner, so I don't even think she has tax returns. Regardless, I know I can get a co-sponsor, and my aunt/uncle are American citizens, and they'll almost certainly do it. I just wanted to be sure on a couple of things, and those are...

a) When starting the K1 visa process, I do NOT need these papers, correct? I don't need to have them to begin the process, as they're only needed for step THREE, when I'm doing my part here in Canada, correct?

b ) Her not having any real money (she's working part-time as a kindergarten teacher's assistant right now, and is looking to expand another 10 hours, which I think would bring her to 29 a week). So she can pay her bills, barely, but she can't afford to take me on. The co-sponsor would be able to take this weight off of us, correct? I mean, I plan on getting a job as soon as I can, whatever it is, but I understand that this is kind of an insurance policy for the country, that I won't just come in and be a bum. Basically, my question is, do we need these papers for the FIRST step, if she can't help me financially at all realistically? Or does the financial stuff only come into play come round 3?

2) I know there are no specific wait times, but with people on these boards being from all over, maybe I can get some estimates. She's from Arizona, and I've READ that they're not SO bad for delays. I think I saw about a 2 month backlog or something. Does anyone from that area, or anyone that would use that same outlet have any knowledge of the length? I'm curious because I'd like to file while down there, then leave when my part comes into play and I have to come back to Canada.

3) Along the same lines, where would I go in Canada to get my part done? I thought for sure there'd be a place in Ottawa, but I hear there are only two, one in Vancouver, and one in Montreal, is that true? I can make the day trip up to Montreal if I must, but if there's one in Ottawa, or a place in Toronto, that'd be great. Unfortunately, I've heard only Montreal, but on the plus side, they're supose to be on the fast side...so, bonus for that I guess

FINALLY...should we get a lawyer? I asked some questions via email to one lawyer, and tried to get some vague answers about my worries, though he obviously wants business, and only told me enough to be polite, then asked me to call him for more. I was grateful for that, but I'm not sure about spending $1200US on a lawyer, when I could take care of things myself. I know a lot of people here do it themselves, but I also heard that ONE error causes a huge problem, so I'm very curious as to just how hard it is to do this yourself, and how easy it is to make an error of any type? Are the lawyers worth the huge fee (may not be HUGE, but it is when you don't have a big cash flow

I apologize for the HUGE first post. I'm always told that I babble and babble, and I think I just proved everyone right. I could get right to the point, but I always try to flesh things out so much, and then I get carried away. I just want whoever reads this to have a full understanding of what I'm asking, as that's always easier than a vague question being asked where nobody knows what the writer really wants to know.

Anyway, thanks in advance to all for the help you've already given me, and any yet to come!

I KNEW that once I looked it over and hit post, then left the room I'd think of another question. Sorry, last one (for the hour at least )

Is there anything I should do BEFORE I leave in 12 days? I'd like to have whatever I need ready for when I get back so I can just go and do round 3 and file what I need to file. I read something about a police report? What's that about, and could I get that before I left, just to have it?

Just asking what the person coming INTO the US needs to have ready for when their part of the process comes along, and what I can do now to speed that up. I know there's a checklist that comes, I've read that, anything I can check off of it beforehand that anyone who's been through it all can say?

Thanks again! Sorry!

[trey 0]

Hmmm....where to begin...? Your aunt and uncle can be the co-sponsors for your fiancee(..?..you never said) in Arizone if they meet the income guidelines and are Ameican citizens. And right, you will not need that until she fills out the I-134 Affidavit of Support to send you after you receive your NOA2. You will need to provide that information at the interview-step 3 if you want to call it that. Remember, you will not automatically be able to work (legally) as soon as you get here and are married. The EAD is needed after the marriage to allow you to work until you get your green card. Save your money and bring with you so you have something to live on while you wait for that paperwork to feed through the channels after you are here. The timelines will give an idea of the entire process time but in general, 6-8 months if you don't run into any problems or delays.

I forgot what other questions you had

[BrendanBauer 0]

Thanks Trey,

I'll be the one moving to Arizona, but my aunt/uncle are US citizens that live in Chicago.

As for the working thing, I've read that I can request the ability to work while those papers are being filed. I mean, 6-8 months is quite a long time to go without funds...which I guess is why they make sure there's an affidavit of support. Either way, from what I've read (as confusing as it all was before here) it is possible to work before everything goes through, though not guaranteed, I suppose.

I read it from a lawyer's website, as he stated "If it is important to you that your fiancee be able to work after they have arrived, the best thing to do is marry early on during their authorized 90 day stay and apply for permission for them to work in conjunction with an application to adjust their status."

Anyone have any information on this, as any type of work I could get would be wonderful as soon as the chance is there.

[meddykomp 0]

The 6-8 months is the time to get a K-1 visa. Once you move here with your K-1 you have 90 days to get married. Some people get work permit upon entry ... common at JFK.

[Cristy 4]

I am going to the Phoenix area and am from Canada. You will be going through California, the slow one. Yep you will go through Montreal.

As far as the employment. I would not count on being able to work right away. Not sure how long it takes but I am sure someone else can answer that. What I do know is you can collect EI from Canada for up to 9 months ( I believe is 9 months is what I read). If you go down to the regional forum to the Canada forum you can get more info on this.

I don't know about the sponsor thing sorry.

If you have a straight forward case then I would say no lawyer. A lot of people find lawyers add problems.

As far as what you can do before you go see her. Not much at this point. You will both need to fill out 4 pages of the G325A and each will need a letter of intent. The rest is really up to her.

Good luck and welcome!

[Cassie 8]

a) When starting the K1 visa process, I do NOT need these papers, correct? I don't need to have them to begin the process, as they're only needed for step THREE, when I'm doing my part here in Canada, correct?

Correct. Your fiance and your co-sponsor(s) will each have to fill out an Affadavit of Support when you get to the visa interview stage of the process. You will also (by the sounds of it) need co-sponsor help when you get to the US and apply to adjust your status.

2) I know there are no specific wait times, but with people on these boards being from all over, maybe I can get some estimates. She's from Arizona, and I've READ that they're not SO bad for delays. I think I saw about a 2 month backlog or something. Does anyone from that area, or anyone that would use that same outlet have any knowledge of the length? I'm curious because I'd like to file while down there, then leave when my part comes into play and I have to come back to Canada.

This all depends on how quickly the service centre you are dealing with is processing K-1s. Arizona is either the California or Texas service centre (sorry, I am not sure off the top of my head, I am sure someone will pipe up with the specific one), and both of those centres are kinda slow right now. You may want to do a timeline search here on VJ to get an approximate timeframe. Once your petition is approved, it will take 2 weeks to a month (maybe more, maybe less) to get to and go through the NVC and onward to the consulate.

3) Along the same lines, where would I go in Canada to get my part done? I thought for sure there'd be a place in Ottawa, but I hear there are only two, one in Vancouver, and one in Montreal, is that true? I can make the day trip up to Montreal if I must, but if there's one in Ottawa, or a place in Toronto, that'd be great. Unfortunately, I've heard only Montreal, but on the plus side, they're supose to be on the fast side...so, bonus for that I guess

You will be dealing with Montreal, sorry. The consular offices in other Canadian cities do not deal with these kind of visa. Hey, at least you are relatively close. And with Montreal, when your visa is approved, you do not get your passport back with the visa in it until the next afternoon. So you can either wait and pick it up in person, or give them a pre-paid Expresspost envelope for them to mail it to you.

FINALLY...should we get a lawyer?

that is completely up to you, and your comfort level. Many people here in VJ have done it themselves, with great success. But if you are nervous, consult with some and see if you want to go that route. Make sure you do your research and find a lawyer that is AILA approved and completely aware of immigration issues.

I read something about a police report? What's that about, and could I get that before I left, just to have it?

You will need a Canada wide name check completed by the RCMP. In the case of some cities (in Ontario in particular), the Commissionaires do this for the RCMP. You will have to go in person with appropriate ID, and let them know it is for a US visa. If I remember correctly, these reports are good for 6 months. Some offices charge a fee, so be prepared for that as well. Oh and some offices get your check done same day, others take longer. If you have had prior offenses, and that comes up in the report, you will then need a fingerprint check report done, and those take ages to get.

Just asking what the person coming INTO the US needs to have ready for when their part of the process comes along, and what I can do now to speed that up. I know there's a checklist that comes, I've read that, anything I can check off of it beforehand that anyone who's been through it all can say?

Thanks again! Sorry!

Seeing as you are from Ontario, you may want to look into get a copy of your long form birth certificate ASAP. They are getting quicker at sending those out, but they do have the reputation at taking their sweet time.

The key right now is completing the I-129f form and assembling the documents required for that. You have some form filling-out to do this trip if you plan on filing while you are there.

As far as working once you get here is concerned.....right now the only point of entry that is giving out the temporary EAD with any regularity is at JFK airport. If you want the stamp, that's your best chance, but you can do some research on point of entry/EAD stamps and see if there are others. The problem is, all major international airports in Canada, with the exception of Halifax (this will be changing in the next couple of years) have US Immigration onsite, so that you clear American customs on Canadian soil. And they do not, as far as I have seen, issue the temp EAD stamp.

However, to minimise the "downtime" without work, marry as soon as possible from your date of entry, and apply for your AOS and EAD as soon as possible after that, and your social security number. It's taking a couple of months for EADs to get processed, but if it is taking too long you can go and get a temporary EAD from your local district office 90 days after your NOA1. So that is a bit of a better scenario than 6-8 months.

Don't worry about asking questions, but do take the time to search around and read the wealth of information on this and other sites. I also humbly reccommend checking out the two Canuck Clearing House threads (the links are the first two links in my signature below) -- we've tried to assemble links to all Canadian related content in the "old" VJ site and this one in one area to make searching a lot easier.

Many best wishes to you both as you go through this process.

[BrendanBauer 0]

Thanks so much for all the information everyone. I'll be checking out those links for sure right after I post this. So nerve wracking!!!

I appreciate all the help though, and will definitely be delving into this much more. I'm also going to try and figure out how to do a timeline search after I post this too, to see how long the wait is roughly for the California office...here's to hoping a couple of months...which is, of course, wishful thinking!

The police certificate isn't TOO bad, as I don't have anything there to worry about as far as offenses go, so as long as the wait isn't huge (and could even be done in a day ) that's great. The birth certificate I may look into before I head out there though.

The JFK thing I'll have to check into as well. Would it help if I flew out of Buffalo instead of, say, Toronto? Then it'd be customs at the border, and I suppose I could fly into JFK from there...but I guess that defeats the purpose as well...hmmm...we'll have to see there. I'm not sure what EI is either for collecting money for 9 months from Canada...that's interesting...I'm guessing, employment insurance? How does that work about?

Thanks again all, it's greatly appreciated!

[Canuck Carrie 1]

Where in Ontario are you? If you don't want to put it publicly send me a PM.

[BrendanBauer 0]

Thanks so much for all the information everyone. I'll be checking out those links for sure right after I post this. So nerve wracking!!!

I appreciate all the help though, and will definitely be delving into this much more. I'm also going to try and figure out how to do a timeline search after I post this too, to see how long the wait is roughly for the California office...here's to hoping a couple of months...which is, of course, wishful thinking!

The police certificate isn't TOO bad, as I don't have anything there to worry about as far as offenses go, so as long as the wait isn't huge (and could even be done in a day ) that's great. The birth certificate I may look into before I head out there though.

The JFK thing I'll have to check into as well. Would it help if I flew out of Buffalo instead of, say, Toronto? Then it'd be customs at the border, and I suppose I could fly into JFK from there...but I guess that defeats the purpose as well...hmmm...we'll have to see there. I'm not sure what EI is either for collecting money for 9 months from Canada...that's interesting...I'm guessing, employment insurance? How does that work about?

Thanks again all, it's greatly appreciated!

It seems that the California office is now processing packages from December 31st (as of March 7th). That's about 3 months or so of a backlog. I knew it would be roughly 2-2.5 months, so I guess that's about where I expected it. With a bit of quick help if known, say I file in a month or so, and it's still 3 months behind, so it'd be until...July until it's being processed (roughly). How long may it take to go through the motions then? Or is the longest waiting period just them GETTING to it, then from there it's a bit smoother?

Thanks

Where in Ontario are you? If you don't want to put it publicly send me a PM.

Oh, I'm in Grimsby. That's between Hamilton and St. Catharines...which is about 30 minutes from the border

[Canuck Carrie 1]

It seems that the California office is now processing packages from December 31st (as of March 7th). That's about 3 months or so of a backlog. I knew it would be roughly 2-2.5 months, so I guess that's about where I expected it. With a bit of quick help if known, say I file in a month or so, and it's still 3 months behind, so it'd be until...July until it's being processed (roughly). How long may it take to go through the motions then? Or is the longest waiting period just them GETTING to it, then from there it's a bit smoother?

Thanks

Where in Ontario are you? If you don't want to put it publicly send me a PM.

Oh, I'm in Grimsby. That's between Hamilton and St. Catharines...which is about 30 minutes from the border

If you check my timeline (click on my user name) you should be able to get a guesstimate of how long the process will take for you. The CSC seems to have slowed down a little more since we filed though.

Welcome to VJ! I'm in Toronto, the centre of the universe