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DS-156 before K3

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Filed: Other Country: Philippines
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I'm an American citizen marrying a Canadian in a few months. Before we actually get married, my fiancee would like to apply for a visit here using DS-156. When she fills that out, she will not be a spouse but will be a friend.

After we marry, the K3 process says she'll need this DS-156 again. Would her existing pre-spouse one work, even though it doesn't have any spouse references? Or does another one need to be completed? Or is it a really bad idea to actually get a DS-156 just *before* getting married, rather than waiting a few months until the K3 process can be started normally?

I hope that makes sense. It's a little complicated and I'm trying to be careful. Many thanks for your thoughts!

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I'm an American citizen marrying a Canadian in a few months. Before we actually get married, my fiancee would like to apply for a visit here using DS-156. When she fills that out, she will not be a spouse but will be a friend.

After we marry, the K3 process says she'll need this DS-156 again. Would her existing pre-spouse one work, even though it doesn't have any spouse references? Or does another one need to be completed? Or is it a really bad idea to actually get a DS-156 just *before* getting married, rather than waiting a few months until the K3 process can be started normally?

I hope that makes sense. It's a little complicated and I'm trying to be careful. Many thanks for your thoughts!

A Canadian Citizen can enter the US without forms or applications. Unless of course, they disclose their future marriage plans at the border. If you intend to later file a K-3 as described, you are abiding by US immigration law.

Suggest your Fiancé enter the US for the visit, without TMI at the border, and then return to Canada for processing.

Does that make sense?

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Filed: Other Country: Philippines
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Sorry, I didn't word it correctly. She's not a Canadian but is in Canada with a caregiver work visa.

I'll start the K3 process after we get the marriage certificate. While we wait however many many months for her to enter the country, is there any problem or danger with her getting the DS-156 for a short/tourist visit here either *before* we're actually married or *just after* we're actually married, rather than later in the process (which seems to be the stage in the process where everyone else files this form)?

Or if we did that would the DS-156 have to be refiled later (do they even allow that?) because the conditions would be different (i.e. for her tourist/visit she won't intend to work in the US, but when she comes the second time she will, or for her tourist/visit if she applies when she's still a fiancee, but when she comes the second time she'll be a wife).

It would be great to have her visit sooner than the 6 to 8 to ? months, but I don't want to complicate anything or mess anything up.

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Filed: Other Country: China
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Sorry, I didn't word it correctly. She's not a Canadian but is in Canada with a caregiver work visa.

I'll start the K3 process after we get the marriage certificate. While we wait however many many months for her to enter the country, is there any problem or danger with her getting the DS-156 for a short/tourist visit here either *before* we're actually married or *just after* we're actually married, rather than later in the process (which seems to be the stage in the process where everyone else files this form)?

Or if we did that would the DS-156 have to be refiled later (do they even allow that?) because the conditions would be different (i.e. for her tourist/visit she won't intend to work in the US, but when she comes the second time she will, or for her tourist/visit if she applies when she's still a fiancee, but when she comes the second time she'll be a wife).

It would be great to have her visit sooner than the 6 to 8 to ? months, but I don't want to complicate anything or mess anything up.

Actually there is almost no danger that a single female PI citizen will be granted a tourist visa to enter the US but if you want to try there is no danger to the spouse visa process as long as you are always truthful.

Facts are cheap...knowing how to use them is precious...
Understanding the big picture is priceless. Anonymous

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Filed: AOS (apr) Country: Canada
Timeline

How long is her caregiver visa in Canada good for? Does she intend on staying in Canada for the entire time before she enters the U.S. on the K3?

Here's another option for you two...

Visit her in Canada, get married and then start on the paperwork. She can interview for the K3 in Canada then. What province is she currently residing in? If she is residing in a western province, she'll interview at the Vancouver consulate which is months faster than the Montreal consulate. If she's in an eastern province, she'll have to go through Montreal. It can take 6 months for her to even get an interview there after they receive her case from the NVC (after the I-130 & I-129F are approved).

As pushbrk stated, it may be quite difficult for her to get a tourist visa to the U.S.

Edited by misa

K3 Timeline - 2006-11-20 to 2007-03-19

See the comments section in my timeline for full details of my K3 dates, transfers and touches. Also see my Vancouver consulate review and my POE review.

AOS & EAD Timeline

2007-04-16: I-485 and I-765 sent to Chicago (My AOS/EAD checklist)

2007-04-17: Received at Chicago

2007-04-23: NOA1 date (both)

2007-05-10: Biometrics appointment (both - Biometrics review)

2007-06-05: AOS interview letter date

2007-06-13: AOS interview letter received in mail

2007-07-03: EAD card production ordered

2007-07-07: EAD card received! (yay!)

2007-08-23: AOS interview (Documents / Interview review)

2007-08-23: Green card production ordered!!!

2007-08-24: Welcome notice mailed!

2007-08-27: Green card production ordered again... ?

2007-08-28: Welcome notice received!

2007-09-01: Green card received!

Done with USCIS until May 23, 2009!

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