What option is best for me?

[redbeard 22]

Not likely...Montreal is a fairly slow consulate. More like a year.

I guess we don't know where the poster is from in Canada. Vancouver also interviews for K-1 visas, right?

[Transborderwife 4,666]

I guess we don't know where the poster is from in Canada. Vancouver also interviews for K-1 visas, right?

Yes they do. I keep forgetting which one Vancouver doesn't do.

[loveamerica99 4]

Although...geez...after reading your initial post, you mention that you have "already managed to move all your stuff down here".

That says to me that you DID come here with immigrant intent. Adjusting status if immigration was your intent all along would be Visa Fraud.

If that is the case, here's what I would do:

Have your partner file an I-129f for you right away. It will likely be sent to the CSC and approved within two months. You are probably looking at six months until you'd have a fiance visa in hand. You are allowed to stay for up to six months, so you could stay right where you are for the next four months. Then go home to Canada for your interview, medical, etc. You'd probably only be out of the states for two months.

From what I understand, I can stay up to 6 months (per calendar year) so technically, I could come back in January? would be gone back for just the month of December in this case.

[Transborderwife 4,666]

From what I understand, I can stay up to 6 months (per calendar year) so technically, I could come back in January? would be gone back for just the month of December in this case.

Not likely. While this occasionally happens, CBP seems to like to see that you've been in your own country for as much time as you've been out. 6 months in, 6 months out is the norm. Otherwise you're no longer visiting but living in the usa which is exactly what you're doing. I'd expect to show ample ties to canada if you tried this. They'd wonder what kind of a job gives a year's vacation.

[loveamerica99 4]

Not likely. While this occasionally happens, CBP seems to like to see that you've been in your own country for as much time as you've been out. 6 months in, 6 months out is the norm. Otherwise you're no longer visiting but living in the usa which is exactly what you're doing. I'd expect to show ample ties to canada if you tried this. They'd wonder what kind of a job gives a year's vacation.

understood... thanks for the info.

[redbeard 22]

From what I understand, I can stay up to 6 months (per calendar year) so technically, I could come back in January? would be gone back for just the month of December in this case.

It is possible, but yeah...CBP will likely see what you are up to and flag you in their system and send you to secondary. From your original post it sounds like you do not have strong ties at all to Canada anymore. They will most likely deny you entry and won't allow you back into the states until you CAN show strong ties. That could take a while to establish, as it sounds like you don't have a job or lease back home anymore.

In my opinion the fiance visa route is going to be your best course. Just stay down here and enjoy the next four months and accept the fact that you will have to go home for a few months to finish out the process. It is not the end of the world, and many, many people on Visajourney would give anything to be in your shoes right now and have that option.

[loveamerica99 4]

It is possible, but yeah...CBP will likely see what you are up to and flag you in their system and send you to secondary. From your original post it sounds like you do not have strong ties at all to Canada anymore. They will most likely deny you entry and won't allow you back into the states until you CAN show strong ties. That could take a while to establish, as it sounds like you don't have a job or lease back home anymore.

In my opinion the fiance visa route is going to be your best course. Just stay down here and enjoy the next four months and accept the fact that you will have to go home for a few months to finish out the process. It is not the end of the world, and many, many people on Visajourney would give anything to be in your shoes right now and have that option.

sounds good.

maybe I can stay with my grandma.

[Transborderwife 4,666]

You'll also have to find a way to pay your visa fees in canada like the medical (at least $200) and visa fee at the consulate ($265 usd)

[loveamerica99 4]

Although...geez...after reading your initial post, you mention that you have "already managed to move all your stuff down here".

That says to me that you DID come here with immigrant intent. Adjusting status if immigration was your intent all along would be Visa Fraud.

If that is the case, here's what I would do:

Have your partner file an I-129f for you right away. It will likely be sent to the CSC and approved within two months. You are probably looking at six months until you'd have a fiance visa in hand. You are allowed to stay for up to six months, so you could stay right where you are for the next four months. Then go home to Canada for your interview, medical, etc. You'd probably only be out of the states for two months.

I have another question.

What if we marry down here, and just have him file the I-130? Then I go back to Canada after my 6 months and wait for it to get approved.

Will that take less time? and would I still have to file the I485 when I come back to the US? Would I be able to work in the US once approved?

Edited July 23, 2015 by nashville86

[tasakchy 9]

The whole process takes about a year or even longer. Once the petition is approved, you'll have to go through preparing civil and financial documentation. Basically you'd have to go through the entire immigration process and receive a visa before you can even enter the US:

http://www.visajourney.com/content/i130guide1

You only file the I-485 if you are already in the US on a valid visa so you can adjust your status.

Edited July 23, 2015 by tasakchy

[tasakchy 9]

I think the K-1 visa is the quickest route.

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

Edited July 23, 2015 by tasakchy

[loveamerica99 4]

The whole process takes about a year or even longer. Once the petition is approved, you'll have to go through preparing civil and financial documentation. Basically you'd have to go through the entire immigration process and receive a visa before you can even enter the US:

http://www.visajourney.com/content/i130guide1

You only file the I-485 if you are already in the US on a valid visa so you can adjust your status.

I think the K-1 visa is the quickest route.

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

Interesting... thanks for the info. I find it peculiar that it would take longer to enter as his wife than his fiancé!

Edited July 23, 2015 by nashville86

[kamw 93]

Interesting... thanks for the info. I find it peculiar that it would take longer to enter as his wife than his fiancé!

We've wondered why that is to our self at some point in this process..

. The only difference with you is if he is a USC once you get married you can just stay- no need to go back. I think that's going to be your best bet.

[Transborderwife 4,666]

Interesting... thanks for the info. I find it peculiar that it would take longer to enter as his wife than his fiancé!

Two reasons that I can think of:

1) a spouse enters on a level of permanence with a greencard pretty much in hand (you get it up to a month or two after entry but it's guaranteed)

2) k1 visa is not a direct immigrant visa. You still have to AOS and can possibly be denied. It also costs more.

[Pennycat 880]

We've wondered why that is to our self at some point in this process..

. The only difference with you is if he is a USC once you get married you can just stay- no need to go back. I think that's going to be your best bet.

Because spouse visas come with permanent residency automatically. Fiances have to get married and then apply for permanent residency. Green cards and associated paperwork take about a year to process. That's why spouse visas take about a year longer (give or take, obviously).

Basically, if you're not already married, you're deciding if you want to wait for your green card in your country or in the US. Waiting for it in your country is a longer but cheaper process, and you can work right away. Waiting for it it the US is more expensive, and the US Citizen will have to support the fiance for a few months until work authorization kicks in, but you get to be together sooner. It's really just different for different people and situations.