K1 Visa from Canada

[NYC_GUY01 0]

Ok guys so here's our situation, My girl and I have been engaged since December of last year. Back in March-2018, my fiance wanted to visit me in New York and was stopped at the US/Canadian border by the US Border guards and they asked who is she visiting in the US and she told them her fiance in New York. Guy sent her over to secondary inspection and they cancelled her B1/B2 Visa and told her to obtain a K1 Visa since she is engaged to an American Citizen. So After doing proper research and gathering up all the required documentations, I sent out the I-129F to USCIS and now it's in California Service Center, it has been a little over 4 months since we are waiting. My fiance is originally from India and she is in Canada on a student visa and last year professors from her school went on a strike and she missed a semester. Her student visa in Canada expired in July-31,2018. Since she didn't get to complete her studies, she applied for an extension of her student visa. And now her next semester will start January-2018 and she called the Canadian immigration folks and they advised she has nothing to worry since she applied for extension while she was in student status and now it's pending status. 

 

So I have a two part question,

 

A) Will the US Consulate officials give her a hard time about the border incident?

 

B) Given her Canadian study permit gets extended effective January-2018, what will happen if she gets her K1 visa scheduled anytime before January-2018. Will the US consulate officials deny her K1 Visa stating her Canadian visa expired back in July-2018 or will they still honor the pending/January-2018 status? 

 

Please help. And thank you all for taking the time in reading this.

 

[geowrian 22,337]

1. Likely not, unless she made a misrepresentation.
2. This is something to check with the consulate...the exact criteria they use for establishing who can interview for a K-1 (or immigrant) visa varies from consulate to consulate. Generally they require legal residence.

Bets wishes.

[Crazy Cat 41,918]

13 minutes ago, NYC_GUY01 said:

Ok guys so here's our situation, My girl and I have been engaged since December of last year. Back in March-2018, my fiance wanted to visit me in New York and was stopped at the US/Canadian border by the US Border guards and they asked who is she visiting in the US and she told them her fiance in New York. Guy sent her over to secondary inspection and they cancelled her B1/B2 Visa and told her to obtain a K1 Visa since she is engaged to an American Citizen. So After doing proper research and gathering up all the required documentations, I sent out the I-129F to USCIS and now it's in California Service Center, it has been a little over 4 months since we are waiting. My fiance is originally from India and she is in Canada on a student visa and last year professors from her school went on a strike and she missed a semester. Her student visa in Canada expired in July-31,2018. Since she didn't get to complete her studies, she applied for an extension of her student visa. And now her next semester will start January-2018 and she called the Canadian immigration folks and they advised she has nothing to worry since she applied for extension while she was in student status and now it's pending status. 

 

So I have a two part question,

 

A) Will the US Consulate officials give her a hard time about the border incident?

 

B) Given her Canadian study permit gets extended effective January-2018, what will happen if she gets her K1 visa scheduled anytime before January-2018. Will the US consulate officials deny her K1 Visa stating her Canadian visa expired back in July-2018 or will they still honor the pending/January-2018 status? 

 

Please help. And thank you all for taking the time in reading this.

 

1.  No.  Her next entry to the US will be via the approved K-1.

2.  Unless she has legal presence in Canada at the time, she will not be able to interview there.  They require a copy of legal residence documentation such as study permit, LPR card, asylum papers, etc....per the Montreal consulate.

 

EDIT:  I have verified #2 above for the Montreal consulate.

Edited August 3, 2018 by missileman

[Crazy Cat 41,918]

This is what will she will have to present when she interviews for K-1 in Montral:

[NYC_GUY01 0]

7 minutes ago, missileman said:

1.  No.  Her next entry to the US will be via the approved K-1.

2.  Unless she has legal presence in Canada at the time, she will not be able to interview there.  They require a copy of legal residence documentation such as study permit, LPR card, asylum papers, etc....per the Montreal consulate.

 

EDIT:  I have verified #2 above for the Montreal consulate.

Thank you so much. And just to add to the second question, Canadian officials confirmed, she can stay in Canada while she waits for her new study permit(valid from Jan-2018) and accordingly she is in Canada now waiting for her new  permit/semester to begin. But what happens, from now to december 2018,  considering she gets a  new study permit within a few weeks, will she be able to schedule an interview with the new permit now, even though it will say effective JAN-2018.

[Crazy Cat 41,918]

1 minute ago, NYC_GUY01 said:

Thank you so much. And just to add to the second question, Canadian officials confirmed, she can stay in Canada while she waits for her new study permit(valid from Jan-2018) and accordingly she is in Canada now waiting for her new  permit/semester to begin. But what happens, from now to december 2018,  considering she gets a  new study permit within a few weeks, will she be able to schedule an interview with the new permit now, even though it will say effective JAN-2018.

Once the K-1 is approved, NVC has assigned a case number, and the case is sent to Montreal, she can schedule an interview in accordance with that consulate's procedures.  She should then take all Canadian status relevant documentation to her interview.  She has to be legally residing in Canada at the time of the interview.

[NYC_GUY01 0]

23 minutes ago, geowrian said:

1. Likely not, unless she made a misrepresentation.
2. This is something to check with the consulate...the exact criteria they use for establishing who can interview for a K-1 (or immigrant) visa varies from consulate to consulate. Generally they require legal residence.

Bets wishes.

Thank you and to add to your response for #1, she was asked to do a voluntary withdrawal of admission. And they cancelled her B1/B2.

[NYC_GUY01 0]

4 minutes ago, missileman said:

Once the K-1 is approved, NVC has assigned a case number, and the case is sent to Montreal, she can schedule an interview in accordance with that consulate's procedures.  She should then take all Canadian status relevant documentation to her interview.  She has to be legally residing in Canada at the time of the interview.

Thank you again.

[Crazy Cat 41,918]

Just now, NYC_GUY01 said:

Thank you and to add to your response for #1, she was asked to do a voluntary withdrawal of admission. And they cancelled her B1/B2.

It will not have any effect on approval of her K-1 since she was denied entry to the US based on immigrant intent.......A K-1 basically overrides that immigrant intent concern.  All is good in that sense.

[NYC_GUY01 0]

2 minutes ago, missileman said:

It will not have any effect on approval of her K-1 since she was denied entry to the US based on immigrant intent.......A K-1 basically overrides that immigrant intent concern.  All is good in that sense.

Thank you and I honestly felt it was pretty harsh for the border guard to cancel her visa just like that. She just had a backpack with two days worth of personal stuff and she was honest about who she was visiting in the US. Also she visited me twice before using the same visa and same bus route, no issues.

[Neonred 3,571]

Is she actually planning to study this fall?  If so why not just wait and schedule the interview in Montreal after she gets the new study permit.  You have plenty of time.

[NYC_GUY01 0]

No, she couldn't enroll for this Fall semester. She will get the new study permit within a few weeks. But my only concern is, that new permit will have an effective date of January-2019 and will it be possible to schedule an interview in November-2018 using that new permit? And also as per the canadian officials she is allowed to stay in Canada from now till Jan-2019.

[Neonred 3,571]

21 minutes ago, NYC_GUY01 said:

No, she couldn't enroll for this Fall semester. She will get the new study permit within a few weeks. But my only concern is, that new permit will have an effective date of January-2019 and will it be possible to schedule an interview in November-2018 using that new permit? And also as per the canadian officials she is allowed to stay in Canada from now till Jan-2019.

OK, so she is not really planning to study in Canada but just using the study permit to be able to stay legally.  Could just wait until January for the interview.  That might even be how it times out anyway.

[Boiler 45,576]

10 minutes ago, Neonred said:

OK, so she is not really planning to study in Canada but just using the study permit to be able to stay legally.  Could just wait until January for the interview.  That might even be how it times out anyway.

That is how I read it.