When to "activate" fiance visa...

[Krikit 1,165]

Krikit,

Point of clarification: immigration agent

Immigation and Customs may fall under the same agency theses days, but they remain two separate and distinct functions.

Yodrak

.... any customs agent has complete authority over whether they allow you into the US or not. .....

Oh. So are the agents at the drive-thru booths Immigration?

[abigailD 0]

Thanks for all the help/advice everyone! My fiance is going to see an Immigration Lawyer tomorrow just to see what they say... I'll post again if we figure out a route to go!

[Jeremy + Kristy 0]

Thanks for all the help/advice everyone! My fiance is going to see an Immigration Lawyer tomorrow just to see what they say... I'll post again if we figure out a route to go!

You shouldn't have any problems whatsoever in July, very much more likely than not you won't have your visa, yet. If you filed VERY soon, since your fiance gets to file with the Vermont Service Center, you MIGHT have your visa for September, but the Montreal Consulate has been quite slow scheduling interviews, so, unfortunately, you probably won't have your visa by September, either. Checking out the timelines would help. Choose Vermont Service Center and the Montreal Consulate. I'd say you'd probably be looking at 5 months, so, that would bring you into late September/early October for your visa if you filed now.

During the process, you probably won't have a problem, but make sure you carry with you your mortgage papers or utility bills, paystubs, a copy of the NOA1 (the first I-797 that you get back after your fiance files), and anything that says, look, I'm doing things by the book and I'll be returning to Canada.

[vanee 13]

See, the reason why I ask these questions about entering the USA as a "visitor" before using my fiance visa is that I'm planning on moving to the USA to be with my fiance in September but I am scheduled to lead a childrens choir in July (in the USA) at a camp I'm attending, and I want to know if this is going to be possilbe. I'm only going to be in the USA for 1-2 weeks in July and then coming back to Canada until September.

Our situations are similar except that my fiance and I filed our I-129F in February and think we'll be lucky if we're approved by September. We had to file through Nebraska, though, which takes longer than Vermont. But the similarities are that I'm also in Canada and am planning to be in the US for a couple of weeks in July for an event, most likely before our K-1 visa is approved.

I'm in the US for a couple of months now, and I had a difficult time crossing the border. I wrote about it in this post. Short version: bring a copy of all your application papers with you, including the NOA1, and bring proof of ties to Canada, including a return ticket. There are no guarantees, but I was told that I should be able to return to the US for a couple of weeks in July with the K-1 pending if I brought the above.

[Nancy and Ramos 0]

I think it will take longer than that as I am Canadian but i am working in HK and it us from the end of July 06 to Monday or Sunday your time of this week. I would not make any long terms plans if i were you. I did make 2 trips to the US in that time as well and i just had my employer write me a letter stating i had to return to work and a copy of the return ticket also required.

Edited April 27, 2007 by Nancy and Ramos

[Yodrak 7]

Krikit,

At the drive-thru booths the same people probably perform both functions. The function of checking identity and granting (or denying) entry is the immigration function. The function of checking what is being brought into the country, if it's allowable to be brought in, and if there is any duty to be paid, is the customs function.

Yodrak

Krikit,

Point of clarification: immigration agent

Immigation and Customs may fall under the same agency theses days, but they remain two separate and distinct functions.

Yodrak

.... any customs agent has complete authority over whether they allow you into the US or not. .....

Oh. So are the agents at the drive-thru booths Immigration?

[Krikit 1,165]

Krikit,

At the drive-thru booths the same people probably perform both functions. The function of checking identity and granting (or denying) entry is the immigration function. The function of checking what is being brought into the country, if it's allowable to be brought in, and if there is any duty to be paid, is the customs function.

Yodrak

Krikit,

Point of clarification: immigration agent

Immigation and Customs may fall under the same agency theses days, but they remain two separate and distinct functions.

Yodrak

.... any customs agent has complete authority over whether they allow you into the US or not. .....

Oh. So are the agents at the drive-thru booths Immigration?

Oh, okay. Understood. Thanks Yodrak.

[Caladan 19]

If you haven't filed yet, the chances of you having your visa by July are pretty small. The fastest route through Canada right now is to have your petition processed by Vermont and then for your fiancé to be going through Vancouver, and even then, you can figure about a month for Vermont, about two-three weeks for the package to get to Vancouver and for the packet to get to your fiancé, and about a month from when you send in the checklist for the interview date. Through California or Montreal is even slower, and it looks like you'll have Montréal for the interview since you live in Ontario.

You might be able to travel without using your K-1 if you enter with your birth certificate and driver's license, but it's unlikely you'll have to worry about that. If you are going through Vermont and Vancouver, and you get packet three, just hang onto the checklist for a little bit to push your interview date for the K-1 after you return from your trip. C. and I did that; he received his packet 3 in early November and didn't return it until late December.