Hope this is the right place, filing Fiance Visa while visiting US?

[Animika 0]

My poor honey was deported last Friday, back to the US. It's temporary, but I guess this whole situation has made him realize that if you want to do things, you have to actually DO them, not say 'later, later, later'. :/

So now we're looking at me (a Canadian) moving there (New York) but having me still working over here on the Canadian side, while living in an apartment with him on the New York side. This would all be in Niagara Falls, so travel wouldn't be hard at ALL.

I'm wondering if I can do this, though!

Basically>

Live in US, work on Canadian side.

While living in US, file for fiance visa.

?????

Profit?

Heh, sorry for the silliness there. I'm so nervous, though...

[misa 2]

Hey and welcome.

Yeah, you can't live in the U.S. until you have a visa in hand and the fiance visa (K1) is only good for one entry.

If you want to keep your Canadian job later, you're better off getting married first and then filing for a K3 or CR-1. Be aware that all options K1, K3, and CR-1 will take some time as you will interview at the Montreal consulate which is severely backlogged. Given the current times of the consulate I'd say at least 9 months... maybe more.

You can visit the U.S. though while waiting for your petition to be processed and waiting for the interview but you'll have to bring proof of ties to Canada.

Hope this helps and good luck with whatever you decide.

[L_n_O 3]

fantastic answer =)

[Animika 0]

Wow, thank you for the quick response. Sounds good! Not planning on making a return to Canada at all, though. Save visits later on.

[warlord 73]

Hmmm, this is kind of a tricky situation. The problem wouldn't be the working in Canada, it would be the daily customs comming back into the US that might be an issue. Not sure if they would allow that or not. I know once you get your green card it becomes even more of an issue (though that's more for people living in another country). The border situation you're in is kind of a grey area for this process.

So you might need to really look into that and see if it's viable or not. I know once you apply for your AOS then you won't be able to leave until you get your AP or else you won't be allowed back into the US. So after the marriage and you file away, you'll probably have to give up that job anyways. Before that though, I'm not sure if they'll allow that or not...

[misa 2]

Going back to Canada to work on a GC shouldn't be a problem if Animika chooses to (but doesn't sound like she will do that) after she gets a GC.

Neiks does that (or plans to) on a GC - working in Canada, living in the U.S.

Edited August 8, 2007 by misa

[Lona.C. 16]

Wow, thank you for the quick response. Sounds good! Not planning on making a return to Canada at all, though. Save visits later on.

did you tell at the border that you and your fiance intend to get married in the future ?

isnt it true if she went to the states just to visit and they find out her intentions where realy to get married she could face a visa fraud 5- 10 year bann ?? ( just a question )

[mozplay 29]

Just to add my own situation here in case it helps at all. David (USC) and I crossed the border together into the US last July. We filed and started the K1 process from here. I simply stayed with him, visiting, until the 6 months that I am allowed each year was up. Luckily, it took me right up to Christmas at which time, I flew back to Canada for the interview process. You can file while visiting, but cannot move while in process.

I agree witih warlord's post that it's the daily crossing back and forth that may prove to be an issue.

Mo

[misa 2]

isnt it true if she went to the states just to visit and they find out her intentions where realy to get married she could face a visa fraud 5- 10 year bann ?? ( just a question )

No. There's nothing illegal about visiting. Or even visiting and marrying. The fraud is when someone enters as a visitor with the intent to immigrate/stay at that entry. I entered as a visitor and married and then I went back home to Canada. Lots of us here in the Canada forum who filed for a K3 or CR-1 entered as a visitor to the U.S. and married but we all went home to wait out the visa process.