Another new and nervous filer

[Jeremy + Kristy 0]

Hello, everyone...

I'm just now getting everything together for the I-129F, and I don't think we have time. I'm Jeremy, and I'm the USC, and my fiance and her daughter live in Canada in the city just across the border from me (I can see Canada from my window). We set the wedding date for September 1st, 2007.

If I file for the K-1, and we don't recieve it in time, can we still get married? If that happened, though, she'd have to stay in Canada while we then file for a new K-3, right? All those tolls for the bridge are adding up!

Alternatively, since a Canadian can visit the US for up to six months, should/could she just move in with me anytime this summer, get married, and then file for something after the wedding?

As if wedding plans weren't hectic enough!

[brnidokiegurl 0]

Welcome to the group, kinda defeats the purpose to file the K-1, pay the fees, do the waiting, then get married to only start all over again

[Niels Bohr 72]

WELCOME TO VJ!!!

[~Chad~ 0]

Welcome to VJ! Good luck with whatever you decide!

[Dan J 277]

Its considered visa fraud to come into the US on a tourist visa or from a visa wavier state with the intent to get married and stay in the country.

As far as the wedding goes, you have a couple options. You could keep the wedding non-legally binding and follow up with a legal wedding at a courthouse after you have the visa. This is risky. If any US officials find out about it, they could deny your fiancee a visa if you dont have it yet or prevent you from entering the US at the PoE. The other option is just to wait and file for k-3 or CR-1/IR-1 after your wedding. Your not very likely to have a visa by your wedding date (That depends on the service center you file with and consulate, it looks like the Canadian consulate takes about 90 days or so to schedule an interview. This would be after they received the approved petition.).

Edited March 15, 2007 by Dan + Gemvita

[Jeremy + Kristy 0]

Its considered visa fraud to come into the US on a tourist visa or from a visa wavier state with the intent to get married and stay in the country.

As far as the wedding goes, you have a couple options. You could keep the wedding non-legally binding and follow up with a legal wedding at a courthouse after you have the visa. This is risky. If any US officials find out about it, they could deny your fiancee a visa if you dont have it yet or prevent you from entering the US at the PoE. The other option is just to wait and file for k-3 or CR-1/IR-1 after your wedding. Your not very likely to have a visa by your wedding date (That depends on the service center you file with and consulate, it looks like the Canadian consulate takes about 90 days or so to schedule an interview. This would be after they received the approved petition.).

OK, you pretty much confirmed my fears. So, realistically, what exactly are my options? The options as I see them are:

1. File for K-1/2 ASAP! If it happens on time, my fiance and daughter can live with me for maybe at least a couple of weeks before the wedding, go on our honeymoon in the US, get back and file AOS. If it doesn't happen on time the cons would be that I'm out $170 + passport photo monies and such.

2. If I go K-3/4, which I don't understand how I can, because how is it not visa fraud for us to get married, anyway?

Colo(u)r me thoroughly confused.

[Dan J 277]

You cant start K-3 or CR-1/IR-1 until your married. But you could prepare all the documents to be sent as soon as you have the marriage certificate. If you have the money and time to take your chances with K-1 you could try it, after you get married just tell them your abandoning and to file K-3 or CR-1/IR-1.

[Jeremy + Kristy 0]

OK, well, based on this and another thread, I'm going to file for for the K-1 and cross my fingers. If we don't have it in time, the wedding on September 1st won't be a legal one, and when we do get, we'll get legally married and then we'll file for AOS. I think that'll work.

[lirachadsbaby 0]

Welcome!

[Nagishkaw 510]

Welcome to VJ !

[LuzyC 0]

- TO VJ !!

Goodluck on your journey!

[notrepetiteashley 0]

Its considered visa fraud to come into the US on a tourist visa or from a visa wavier state with the intent to get married and stay in the country.

As far as the wedding goes, you have a couple options. You could keep the wedding non-legally binding and follow up with a legal wedding at a courthouse after you have the visa. This is risky. If any US officials find out about it, they could deny your fiancee a visa if you dont have it yet or prevent you from entering the US at the PoE. The other option is just to wait and file for k-3 or CR-1/IR-1 after your wedding. Your not very likely to have a visa by your wedding date (That depends on the service center you file with and consulate, it looks like the Canadian consulate takes about 90 days or so to schedule an interview. This would be after they received the approved petition.).

I've said it a billion times, but I'll say it again. CANADA IS NOT PART OF THE VWP. To get into the US as a visitor, all you need as a Canadian is ID...say, a passport. Definitely a passport. And proof of ties to Canada like a letter from your job stating they expect you back, proof of a rental contract, job, stuff like that.

I don't understand where so many people get the erroneous idea that Canada is part of the VWP.