I want to be with my fiancee

[msu17 0]

My main problem all along has been that I don't know what realistic expectations for this are. So, we can ditch the K1 once we get married in the US? I am a fairly smart person (mechanical engineer) but this has all been REALLY confusing to me.

Please correct me if I'm wrong, but I dont think you can switch from K1 to K3 or CR1. If you are going to stick to the Nov 10th date no matter what and plan on abandoning K1 you are just wasting your $. Don't feel bad, this is very overwhelming at first!

[AnewKINDofFEELIN 0]

I'm wondering if I'll be better off having her come down as a visitor, then flying to Canada to be married.. Would that allow her to re-enter the country legally?

[GabachaYucateca 0]

Yes, but only if you file for the K3 after marriage and she continues residing in Canada until her interview date.

I'd check out the guides and descriptions of the different visa categories. Any way you look at it, there will be a good length of time when she will need to be in Canada, excluding when she comes to visit you.

[TimsDaisy 0]

No no, no ditching the K1 once you are married. At least not how I think you mean that.

A K1 gets a fiance into the country to marry and be able to start the ball rolling on remaining legally.

You don't need a K1 to marry here and leave again right away.

If you DO NOT get your K1 before you get legally married, then all that paperwork in the works is a dead letter. You couldn't use a K1 if you wanted to because no one is a "fiance" anymore. You'd need to start over again from square one with the K3 visa (or CR-1).

If you DO NOT get your K1 before Nov 10 but you want to go ahead with the party but NOT BE LEGALLY MARRIED, that is fine under the law (there are some things to worry about to safeguard yourselves if you go that route, but this is an overview). If you aren't LEGALLY MARRIED, then you are not spouses, she's still a fiance, and you keep going with the K1 process. She will, however, still need to follow whatever departure dates are given to her when she enters for that party.

I think you need to slow down a bit, you seem panicked. Read the Guides and the FAQ here. Then check the timelines. Then go to www.usicis.gov and read the instructions and look at the form I-129F. Then read all of that again. Then take a deep breath. Then come back with more questions after you understand the process better.

This isn't meant to be a "lecture" - it is truly THE BEST advice for anyone starting out.

You may also wish to check out travel.state.gov on the issue of how long a Canadian can stay in the US at one time.

best of luck!

[TimsDaisy 0]

I'm wondering if I'll be better off having her come down as a visitor, then flying to Canada to be married.. Would that allow her to re-enter the country legally?

Nothing is a fast-pass through this process. Even if you go to Canada and marry her tomorrow, there is still an applicable visa and process you need to go through.

The only people not facing these processes are the ones who meet while in the US, or who are taken away with the moment and marry while here, but the difference there is that the foreign part of the couple did not enter the US INTENDING (important word) to remain in the country. That's what triggers the requirement to get a visa - immigrant intent.

A wife would likely intend to remain (at least, as in the situation you describe above). There are some international commuter couples, but that's a different situation!

[fred langva 0]

I had done a lot of research before selecting which visa to pursue. The K1 should be granted a cpl months quicker than the K3. You can apply for a waiver for her to enter the US pending completion of the K3 app but you are looking at almost the same time as getting the K1 through the US phase.

I live in Florida so had to submit to Texas (even though they are not processing K1 visas right now) and it got shipped off the Califorina - now that was a very sad day since I knew from the timelines here that I got a slow boat to getting approval. Well about 102 days later I got the notice it is at the NVC.

Here is my advice for smooth sailing:

Follow the Forum Guides !! They are wonderful and will eliminate any Requests back to you

Make sure you have the latest forms!! THey have switched expiration dates and you will get kicked back for the wrong form

Assemble a professional package for USCIS --- I used those paper fasteners that have holes punched in the top - it looked like I knew what they wanted and was meticulous in preparing it.

Label all papers in the package (in case one gets lost)

Make 3 copies (original to USCIS, one for you, one for your honey)

If your honey is coming to the US, make sure she carries the package with here and give her your Case # u will get with the NOA1 - there is no question about her going back that way

Tell her to remain calm when talking with the Immigration people, after all she is going to come be with u for a nice time.

Patience Patience Patience -- the toughest thing... USCIS processing times are still royally screwed up by the State Department discontinuing Consular Filings ( we were in the process and had to start over ).

Good luck!

[Cassie 8]

no matter what route you choose, you're going to have to wait. Once you accept that fact, and the fact that Nov 10 will probably have to go by the wayside, you'll be ok. It sucks, but you'll be ok.

There are pros and cons to fiance vs. spousal visas. Take a deep breath, read the guides and threads here in VJ and on the USCIS website, and make decisions based on what you learn. We're always happy to help!

[AnewKINDofFEELIN 0]

Thanks everyone. I'm starting to feel like this country's illegal immigration problems probably have a lot to do with the roadblocks associate with LEGAL immigration.

[TimsDaisy 0]

Thanks everyone. I'm starting to feel like this country's illegal immigration problems probably have a lot to do with the roadblocks associate with LEGAL immigration.

Yup - pretty likely so.

Again, though, I think there's probably a way for you to have your wedding cake and eat it to with some planning and care. Start researching!

[AnewKINDofFEELIN 0]

Thanks everyone. I'm starting to feel like this country's illegal immigration problems probably have a lot to do with the roadblocks associate with LEGAL immigration.

Yup - pretty likely so.

Again, though, I think there's probably a way for you to have your wedding cake and eat it to with some planning and care. Start researching!

Yeah, will do. I want to thank you a lot. You've been a ton of help and I greatly appreciate it. I've been humping it out now trying to get the forms done. If we end up in the same neck of the woods, maybe my love and I can have a drink with you and yours.

Thank you to everyone else, as well. Aside from me stressing myself out, you have all been very helpful.

[pushbrk 13,176]

Welcome "AnewKINDofFEELIN". Yes, your fiancée can come into the country as a visitor, providing she can provide enough ties to Canada to convince CBP that she is returning (amongst the usual types of issues which may provoke a refusal. i.e. drug convictions, etc).

Unfortunately, if you plan on filing for the K-1 Fiancée visa you won't receive it by your planned wedding date (November 10th). Really, you won't be able to make any firm wedding plans (on the K-1) until the visa is in hand.

I'm not really getting the August 10th entry reference unless you are somehow tying that to the 90 day marriage rule following entry to the U.S. This rule only applies to beneficiaries with the visa in their passport.

You need to be aware that the fees will be jumping on July 30th so when you know what you want to do you should get right on it.

All the best and congratulations on your engagement.

Did he ask how long you would be visiting for or give you a time limit?

Canadians are allowed to be in the U.S. for up to six months in a one year time period.

Yeah, it was regarding the 90 day limit on the fiancee visa. If I file the application within the next couple weeks, we should have it by August or so, right?

Probably not. Check out "immigration timelines" here on VJ for a good idea of how long it take. From start to finish, 7 months is the rule of thumb these days. Varies, of course, but that's a good guess.

It's great, though, if Canadians get 6 months for a visit without having to get a visa, etc. VWP countries (most of Western Europe and some others) get only 90 days.

And she CAN be here and you even can either have a non-legal, wedding party before you get the visa, OR, have a legal ceremony BUT ditch a K1 and go with a K3 here in the US.

All that is prohibited is coming in with the intent to STAY HERE without the proper paperwork. There are other pitffalls to be avoided (misunderstandings at the border = uncool), but you have options.

Don't panic. But also start making your expectations more realistic, timeline wise.

My main problem all along has been that I don't know what realistic expectations for this are. So, we can ditch the K1 once we get married in the US? I am a fairly smart person (mechanical engineer) but this has all been REALLY confusing to me.

Whoa! Put on the brakes. K1 is a visa. It costs money and takes a minimum of six months to obtain. You don't just "ditch" the K1. If you get married before you obtain a fiance visa, (K1) then you must go through an entirely different visa process for a spouse which takes even longer and begins AFTER the marriage.

You should start by reading the guides and checking the timelines. Your November wedding is potentially doable but not with a fiance visa. If you marry in the US in November without a fiance visa, your then spouse must return to Canada for a visa interview and will be subject to any length of stay limitations imposed on any other Canadian. No special consideration is given because you got married.

Your best bet might be to go with the fiance visa process and if it is not completed in time (It is not likely to be.) then hold a wedding that doesn't result in a legal marriage. Once the fiance visa is approved (after fiance returns to Canada for interview) you can go to a justice of the peace and make the marriage legal within 90 days of entry on the K1.

The pitfall in this plan is that the fiance could potentially be denied entry to the US before the wedding. There's plenty of guidance here on how to reduce the chances of that.

[L_n_O 3]

http://www.visajourney.com/forums/index.ph...mp;#entry949021

my experience travelling across the border with a pending k1 visa

[AnewKINDofFEELIN 0]

Well, I'm still waiting for news on our status.

I sent the forms in on July 26, but didn't get a NOA until August 28. They had received it on July 28, but I guess it sat on a desk. Anyway, I'm still wating for NOA2.

That said, I really wish they did a better job of keeping the website up to date. I go to check the status and nothing has changed. I call and get a message saying the same thing. It sure is annoying.

I'm hoping to get married in April. It's so hard to try to plan a wedding on 3 months notice.

Sorry about the random rambling. How's everyone else doing?

[Bforbarree 4]

Well, I'm still waiting for news on our status.

I sent the forms in on July 26, but didn't get a NOA until August 28. They had received it on July 28, but I guess it sat on a desk. Anyway, I'm still wating for NOA2.

That said, I really wish they did a better job of keeping the website up to date. I go to check the status and nothing has changed. I call and get a message saying the same thing. It sure is annoying.

I'm hoping to get married in April. It's so hard to try to plan a wedding on 3 months notice.

Sorry about the random rambling. How's everyone else doing?

Some of the people that got their NOA1 in July are starting to get their NOA2 from USCIS (some with a NOA1 dates of July 26th!)....weeks earlier then the VJ estimate, which is encouraging. Try the "Attention July Filers thread", the approvals started coming in at around page 165 and they have a spreadsheet that notes the service centers and the number of days between NOA1 and NOA2. There is probably a thread for August Filers too, if you have a look.

Hang in there!

[Bforbarree 4]

BTW I just notices that you filed in Vermont? There are other members that are writing letters to their state reps in regards to this service center...Check the same July Filers thread around page 173, 174, 175.