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SweetDefiance

I'm completely lost!! Please help

By SweetDefiance in K-1 Fiance(e) Visa Process & Procedures

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SweetDefiance Explorer

SweetDefiance   0

Posted
Filed: K-1 Visa Country: Canada
 Timeline
Posted

Here is my situation. I am an American and I am madly in love with a Canadian. He's down here staying with me for awhile right now and we really want him to be able to stay forever and we also want to get married so we figured the K-1 fiance visa is perfect for us.

My questions with this are, can we file for this Visa while he is down here or does he need to go home while the process is taking place. I'm having a baby in 3 months and I really want him to be here for it but if he stays until the baby is born we'd be getting close to him being here 6 months and we were told he can't stay any longer then that and I don't want to risk him not being able to marry me. The baby is not his so we can't say he has a relative in the states.

If he needs to go home in order to do all this, is it safe for him to stay here for 5 months before he goes back up or should I make him go now.

I'm sure i'll have more questions later but this is where i'm stuck at the moment. Any help and advice would be WONDERFUL!!

Thank you all!

We were married in Washington in August, we submitted our I-485, I130, I765, and I131 in Sept of 06 to the Chicago Lock Box, and got our Green card in January 07!!! Found this was much faster and easier than going through the K1 process.

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Jasman0717 Grand Master

Jasman0717   9

Posted
Filed: Citizen (pnd) Country: Philippines
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Posted

Is he in status? You might research marriage and AOS afterwards. I am not sure about the legalities fo that so I suggest you contact an attorney.

usa_fl_sm_nwm.gifphilippines_fl_md_clr.gif

United States & Republic of the Philippines

"Life is hard; it's harder if you're stupid." John Wayne

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andy_k1 Explorer

andy_k1   0

Posted
Filed: K-1 Visa Country: China
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Posted

If I were you, I would just get married and aplly for K3 instead of K1.

Please review this: http://uscis.gov/graphics/howdoi/fianceapp.htm

Andy

Mar 21, 2006 - I-129F Sent to CSC

Mar 28, 2006 - I-129F NOA1 received

Jul 21, 2006 - Email from USCIS, the RFE received

Aug 31, 2006 - NOA2 Approved

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Kajikit Proficient

Kajikit   65

Posted
Filed: Citizen (apr) Country: Australia
 Timeline
Posted

Canadians are allowed to stay in the US for six months out of the year afaik...

And yes, you can file for the visa while he is still here. But his interview will be held in Canada and he has to leave the country before his legal stay is up...

Karen - Melbourne, Australia/John - Florida, USA

- Proposal (20 August 2000) to marriage (19 December 2004) - 4 years, 3 months, 25 days (1,578 days)

STAGE 1 - Applying for K1 (15 September 2003) to K1 Approval (13 July 2004) - 9 months, 29 days (303 days)

STAGE 2A - Arriving in US (4 Nov 2004) to AOS Application (16 April 2005) - 5 months, 13 days (164 days)

STAGE 2B - Applying for AOS to GC Approval - 9 months, 4 days (279 days)

STAGE 3 - Lifting Conditions. Filing (19 Dec 2007) to Approval (December 11 2008)

STAGE 4 - CITIZENSHIP (filing under 5-year rule - residency start date on green card Jan 11th, 2006)

*N400 filed December 15, 2011

*Interview March 12, 2012

*Oath Ceremony March 23, 2012.

ALL DONE!!!!!!!!

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silverbutterfly228 Enthusiast

silverbutterfly228   0

Posted
Filed: K-1 Visa Country: Canada
 Timeline
Posted
Canadians are allowed to stay in the US for six months out of the year afaik...

And yes, you can file for the visa while he is still here. But his interview will be held in Canada and he has to leave the country before his legal stay is up...

thanks for clearing that up. i had it right the first time :whistle:

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SweetDefiance Explorer

SweetDefiance   0

Posted
Filed: K-1 Visa Country: Canada
 Timeline
  • Author
Posted

So its ok to start the K-1 process while hes still here? And i would do the marriage one and marry him now but i was told that it would look bad that we did that, the government wouldnt like that he came down with no status and then got married...like we were being sneaky or something. Plus, I cant get married until after my baby is born so thats out of the question anyway.

We were married in Washington in August, we submitted our I-485, I130, I765, and I131 in Sept of 06 to the Chicago Lock Box, and got our Green card in January 07!!! Found this was much faster and easier than going through the K1 process.

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gcox457 Contributor

gcox457   0

Posted
Filed: AOS (apr) Country: Ukraine
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Posted
So its ok to start the K-1 process while hes still here? And i would do the marriage one and marry him now but i was told that it would look bad that we did that, the government wouldnt like that he came down with no status and then got married...like we were being sneaky or something. Plus, I cant get married until after my baby is born so thats out of the question anyway.

It's absolutely OK to start the process while he's still here. Good luck!

Kseniya (Ukraine) and Gary (USA)

05-27-2005 I-129F package arrives at TSC signed for by "M.S."

...A bunch of waiting and worrying...

10-14-2005 Passport with K-1 Visa delivered

02-14-2006 Everyone is home!

03-04-2006 Wedding date!

07-25-2006 AOS/AP package FINALLY completed and sent

08-04-2006 AOS/AP NOA's received

11-06-2006 Interview Successful!

11-13-2006 Welcome to America letter received

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Ladylethal Grand Master

Ladylethal   12

Posted
Filed: Citizen (apr) Country: Brazil
 Timeline
Posted

Just make sure he doesn´t overstay.

(Puerto Rico) Luis & Laura (Brazil) K1 JOURNEY
04/11/2006 - Filed I-129F.
09/29/2006 - Visa in hand!
10/15/2006 - POE San Juan
11/15/2006 - MARRIAGE
AOS JOURNEY
01/05/2007 - AOS sent to Chicago.
03/26/2007 - Green Card in hand!
REMOVAL OF CONDITIONS JOURNEY
01/26/2009 - Filed I-751.
06/22/2009 - Green Card in hand!
NATURALIZATION JOURNEY
06/26/2014 - N-400 sent to Nebraska
07/02/2014 - NOA
07/24/2014 - Biometrics
10/24/2014 - Interview (approved)

01/16/2015 - Oath Ceremony


*View Complete Timeline

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