is there a way to stay in the U.S while I 129f is in process ?

[Lona.C. 16]

Hi everyone as you can see from my timeline I been with my fiance since 2004,

filed the I129f in march , first they got my fianes adress wrong when they send an RFE ,

( even thought they had it right for the NOA1 then finaly we resived the RFE after one an half month wich we send 3 weeks ago , as to this day we still have not heard Peep about our aplication process,nothing in mail or on line, as for calling them all we get is the machine saying everything that we see here on our on line account too ,as soon as we give our case number no life person ,

now my question is ( i read about the Cr1 and K3 visa ) is there a way my fiance and I could get married and for me to stay with him in the states while the k1 is in process? if so can would we be able to use the same i 129 or would we have to start all over again ? and is there a way for me to go to the states and stay with my fiance without being concidert a elegal immigrant , or overstaying the visitors visa ? cose yes we are able to waite if we have to but my god this is nerveracking , not hearing anything , while i read here many who filed after us already got theyr NOA 2 aproved month ago , any help on how i can stay in the states while this snail moving process is goin on ( if at all possible ) , is apreciated thank you Lona

[YuAndDan 153]

If you married while the K-1 is being processed you wont be a "fiancee" that is a requirement of the visa, to use visa to enter USA and then marry, if you marry before, then you can forget about the K-1 and then start over with a K-3 or CR-1 visa petition.

You could "Visit" while it is being processed, just don't overstay the visit, Canadian citizens are allowed up to 6 months visit.

Also Filing for adjustment of status by visiting, marriage, and then AOS, is also not an option because of the K-1 petition, doing that would be text-book visa fraud.

[YuAndDan 153]

Also the I-129F that you submitted for K-1 is not used if you start a K-3, you need to file I-130, wait for receipt letter and then file a new I-129F for K-3 visa.

[L_n_O 3]

no real way around it..

otherwise we'd all be there

[Lona.C. 16]

If you married while the K-1 is being processed you wont be a "fiancee" that is a requirement of the visa, to use visa to enter USA and then marry, if you marry before, then you can forget about the K-1 and then start over with a K-3 or CR-1 visa petition.

You could "Visit" while it is being processed, just don't overstay the visit, Canadian citizens are allowed up to 6 months visit.

Also Filing for adjustment of status by visiting, marriage, and then AOS, is also not an option because of the K-1 petition, doing that would be text-book visa fraud.

Thank you for the reply , I know about the rights to stay as a visitor for 6 month as canadien citizen , but my case is a lil differant , I am german citizen but canadien permanent resident since 1990, so beeing that I'm still german resident I have all right as a canadien citizen here in canada , but when it comes to travel each time I visit my fiance in the states I have to travel with a visitor visa wich is good for only 3 month , then we make sure i usualy stay in canada longer then in the states ( for exmpl 2 weeks in the states 3- 4 weeks in canada and so on )

so from what I gather there is nothing we can do but waite and waite and waite ?

[raymaga 25]

As a Canadian citizen, I stayed with my fiance in the U.S. while we awaited approval of the I-129F. I only lived 3 hours from my fiance, and returned to Canada from time to time to visit my sons and look after some business. I had to return to Canada for my medical exam and interview, of course.

I was asked several times when I crossed the border into the U.S. if I had proof of ties to Canada, such as mortgage/lease documents, recent pay stubs, etc. But, once I wasn't working in Canada any more, I worried about how I would explain not having a recent pay stub. Other times, I was simply asked the purpose of my trip, I told them I was going to visit my fiance, and that was it. I did get asked if I had applied for the K-1 Visa, and I answered honestly that yes we had, and that we were awaiting approval.

But, if you cannot cross the border into the U.S. without a visitor visa, it's up to you whether you want to go to the trouble every time you go to visit your fiance.

The separation if very hard while you're waiting for approval, but you are not alone.

Good luck for a speedy approval.

[YuAndDan 153]

If you married while the K-1 is being processed you wont be a "fiancee" that is a requirement of the visa, to use visa to enter USA and then marry, if you marry before, then you can forget about the K-1 and then start over with a K-3 or CR-1 visa petition.

You could "Visit" while it is being processed, just don't overstay the visit, Canadian citizens are allowed up to 6 months visit.

Also Filing for adjustment of status by visiting, marriage, and then AOS, is also not an option because of the K-1 petition, doing that would be text-book visa fraud.

Thank you for the reply , I know about the rights to stay as a visitor for 6 month as canadien citizen , but my case is a lil differant , I am german citizen but canadien permanent resident since 1990, so beeing that I'm still german resident I have all right as a canadien citizen here in canada , but when it comes to travel each time I visit my fiance in the states I have to travel with a visitor visa wich is good for only 3 month , then we make sure i usualy stay in canada longer then in the states ( for exmpl 2 weeks in the states 3- 4 weeks in canada and so on )

so from what I gather there is nothing we can do but waite and waite and waite ?

Yep, looks like you need to wait a little while longer.

[delfad 0]

why not get married and get the vist visa adjusted my fiance has friend who was here on a tourist visa and meet a man and go married here and then just applied for a adjustment of her tourist visa

[Lance27 19]

What you are suggesting is visa fraud. Your friends case is in no way similar to the OP. They have a visa petition already pending approval for a K1 visa so she has immigrant intent. To get married now would mean that she is using her status as a visitor to get married and bypass the K1 visa which could get her into a lot of trouble and even possibly a ban.

why not get married and get the vist visa adjusted my fiance has friend who was here on a tourist visa and meet a man and go married here and then just applied for a adjustment of her tourist visa

Edited June 29, 2007 by Lance27