What are my options?

[Jeremy + Kristy 0]

My fiancé, Kristy, lives 15 minutes away from me, as I live right on the border. My conundrum is this: I don't think we have time to file for a K-1 as the wedding is scheduled for September 1st, 2007. I'd like her and her daughter to live with me after some point this summer, before we get married. The honeymoon is booked for the US, too.

What exactly would you guys think my options are? Being a visa waiver country are there things I'm overlooking? Am I fretting too much? Should I just file for the K-1 ASAP and cross my fingers that it will be done in time?

Jeremy

[Niels Bohr 72]

If you're getting married in September, then I'd suggest you file for a K-1. Whether or not you have time, it's important that you file for a VISA. VISA waivers are for special circumstance. In your case, the chance of getting a visa waiver is less than 1% probability.

File for K-1. Within 90 days of the receipt of the VISA, marry her and then you'll be all set with your life.

[misa 2]

File for the K1 asap. She can't live/move there without a proper visa. She can visit without one but she can't live there nor can her daughter.

If the K1 isn't approved and issued by the time of your wedding, go ahead with the ceremony and the honeymoon but make sure it is NOT a legal wedding since a K1 is a fiance visa and you can't switch it to another one mid-application.

[no one 0]

My fiancé, Kristy, lives 15 minutes away from me, as I live right on the border. My conundrum is this: I don't think we have time to file for a K-1 as the wedding is scheduled for September 1st, 2007. I'd like her and her daughter to live with me after some point this summer, before we get married. The honeymoon is booked for the US, too.

What exactly would you guys think my options are? Being a visa waiver country are there things I'm overlooking? Am I fretting too much? Should I just file for the K-1 ASAP and cross my fingers that it will be done in time?

Jeremy

I agree with misa: file for K1 asap and continue with the wedding plans. If the visa doesn't arrive by Sept 1st (reality is that you're cutting it extremely close and have left no room for errors or wait time), have your wedding ceremony, just not a legal one.

Alternatively, you could just get married, then file for the spousal visa... but then you'd be lying to the USCIS because Kristy would be crossing the border with the intent of getting married, which is illegal without the K1 visa. I'd not recommend this route at all because it's morally wrong, and because of the possible repercussions from this action... so DON'T DO THIS even though some people take this chance!!

[misa 2]

She can enter with intent to marry as long as she goes back home. She just can't enter with intent to marry and stay. Lots of K3 and CR-1 people have done that. I married on a visit and I know that Flames9 did too.

How I understand the K1 visa is for someone to come and marry and stay to adjust status but there's nothing illegal about coming to the U.S. to marry as long as the foreign spouse goes back home.

Edited March 15, 2007 by misa

[Flames9_RN 358]

Yeppers. Came to the USA, got married (family didn tknow-and 99.9% still don't,lol) then went back home, and started the cr-1 process. Later on had the family wedding, which they all thought was real!!

Keep in mind she can visit for up to 6 months in 1 yr, so she could come down, get married and "visit" for 6 months. I dont imagine her daughter could start school in the USA or anything, so I suppose that could be a problem. Best of luck

[Jashley820 0]

Hey!

See below- that's what we did. We couldn't predict when the K1 would come through, and my family couldn't travel to the US to attend a wedding anyway (and Fiance's family is from Canada too). It just made sense for us to do a "celebration" ceremony in Canada that honoured our commitment to each other and made our union public, but we did not sign a marriage license or do anything legal of the sort. Good thing we did- you can NEVER count on when you'll get the K1. It's been a year for me and I still don't have it.

Good luck!

My fiancé, Kristy, lives 15 minutes away from me, as I live right on the border. My conundrum is this: I don't think we have time to file for a K-1 as the wedding is scheduled for September 1st, 2007. I'd like her and her daughter to live with me after some point this summer, before we get married. The honeymoon is booked for the US, too.

What exactly would you guys think my options are? Being a visa waiver country are there things I'm overlooking? Am I fretting too much? Should I just file for the K-1 ASAP and cross my fingers that it will be done in time?

Jeremy

I agree with misa: file for K1 asap and continue with the wedding plans. If the visa doesn't arrive by Sept 1st (reality is that you're cutting it extremely close and have left no room for errors or wait time), have your wedding ceremony, just not a legal one.

Alternatively, you could just get married, then file for the spousal visa... but then you'd be lying to the USCIS because Kristy would be crossing the border with the intent of getting married, which is illegal without the K1 visa. I'd not recommend this route at all because it's morally wrong, and because of the possible repercussions from this action... so DON'T DO THIS even though some people take this chance!!

[derekkj 0]

Derek and I did the whole come to the US, get married, and then go back home to Canada things as well. Actually, because I underestimated how long this frickin' process would take, we did it twice! First time was a JP ceremony that only his folks, my Mom and Gramma were at, second was the religious version with friends and family.

Only problem now is that Derek insists on celebrating our first wedding anniversary in February and I prefer the second one in October.

[Flames9_RN 358]

I like the 2 wedding option!! If I forget the 1st one, I can always have the 2nd one to fall back on!! As we get older and our memory fails, I can just state "no, no dear, we already celebrated, don't u remember?" lol

[Jashley820 0]

I like the 2 wedding option!! If I forget the 1st one, I can always have the 2nd one to fall back on!! As we get older and our memory fails, I can just state "no, no dear, we already celebrated, don't u remember?" lol

Hahahaha! I am excited about the 2 anniversary thing too....more reasons to go out and do something special! We also celebrate our engagement anniversary

[Jeremy + Kristy 0]

OK, I'm taking the day off of work to take care of this now. I'm going to file for the K-1, and cross my fingers. If we don't get it in time, then we won't have the legal ceremony and then do that when she does get it. From what I can tell that leaves me with.

Scenario #1:

-File for K-1/2 and everything goes quickly.

Scenario #2:

-File for K-1/2 and don't get it in time.

-Proceed with non-legally binding wedding/reception

-Get visa hopefully shortly after and marry at courthouse

-Kailey starts school in Canada, and switches schools

-DANGER: Kristy may not be able to enter US for visits and/or the "wedding"

That last part in #2 is what scares me the most.

[Jashley820 0]

Yes, that's definitely a danger.

I was crossing with my Fiance and they pulled us aside and ultimately did not allow entry because I didn't have strong enough ties to show I was coming back to Canada. I've visited other family in the U.S. as well as the Fiance since then, but I've gone over with parents/siblings instead as a precaution.

I find it's best NOT to cross together. If she lacks ties, they may think you're bringing her permanently and won't let you enter. Also, bringing strong evidence that she has ties to Canada (i.e. paystubs, letter of current employment, other obligations) will increase the liklihood that they'll believe you and will let her in as a visitor.

Hopefully that makes sense.

OK, I'm taking the day off of work to take care of this now. I'm going to file for the K-1, and cross my fingers. If we don't get it in time, then we won't have the legal ceremony and then do that when she does get it. From what I can tell that leaves me with.

Scenario #1:

-File for K-1/2 and everything goes quickly.

Scenario #2:

-File for K-1/2 and don't get it in time.

-Proceed with non-legally binding wedding/reception

-Get visa hopefully shortly after and marry at courthouse

-Kailey starts school in Canada, and switches schools

-DANGER: Kristy may not be able to enter US for visits and/or the "wedding"

That last part in #2 is what scares me the most.

[Jeremy + Kristy 0]

Well, the cable bill and half her home are hers. We, well I do, cross the border about 5 times a week, and she comes and stays at my house every other weekend or so. But, if it's not a legally binding wedding anyway, she could truthfully declare that she's going over to visit friends and family, I guess.

Yes, that's definitely a danger.

I was crossing with my Fiance and they pulled us aside and ultimately did not allow entry because I didn't have strong enough ties to show I was coming back to Canada. I've visited other family in the U.S. as well as the Fiance since then, but I've gone over with parents/siblings instead as a precaution.

I find it's best NOT to cross together. If she lacks ties, they may think you're bringing her permanently and won't let you enter. Also, bringing strong evidence that she has ties to Canada (i.e. paystubs, letter of current employment, other obligations) will increase the liklihood that they'll believe you and will let her in as a visitor.

Hopefully that makes sense.

Edited March 15, 2007 by Lurgid

[CutienPurg 0]

I cant see the problem in saying something like this when asked why she's coming to the US;

We filed for a K-1/2 visa and we havent gotten it yet. We thought it would be done in time for our wedding plans but it wasn't . Since we paid for everything and all of our guests are invited we want to go ahead and have a NON LEGAL ceremony to celebrate our commitment in front of our friends and family after which I fully intend to return to Canada until Im legally allowed to return to the uS and stay. Of course you wanna have ties and proof that will happen. Hvaing her litle girl enrolled in school in Canada I think would help. If she had intent to stay following the marriage , one would think she wouldnt have enrolled the child in school in Canada.( Maybe a letter from the school that she is scheduled to return in the fall).

Its just my opinion but I truly believe the people who have visited the most have the least trouble. They know when they scan your id or plate how often you've crosssed and that you have always returned. My husband didnt mention we were getting married the weekend we did and of course he wasnt asked. Since then he has always said he was visiting his wife and has yet to be asked for ties to Canada and even looked at sideways for that matter.

If it is remoooooooooootely possible for you to go to Vancouver then do it. Move heaven and earth to make it happen as that will be your best chance at getting your k1/2 in time. Make sure you have all legal issues as far as custody and consent for Kailey to move with her mother resolved ASAP if you havent already. So often that throws a wrench in peoples plans to move.

All the best to you

[Saddle Bronc 124]

My fiancé, Kristy, lives 15 minutes away from me, as I live right on the border. My conundrum is this: I don't think we have time to file for a K-1 as the wedding is scheduled for September 1st, 2007. I'd like her and her daughter to live with me after some point this summer, before we get married. The honeymoon is booked for the US, too.

What exactly would you guys think my options are? Being a visa waiver country are there things I'm overlooking? Am I fretting too much? Should I just file for the K-1 ASAP and cross my fingers that it will be done in time?

Jeremy

What are her quals? (maybe an outside-box option).