newly engaged

[dreams77 0]

I am newly engaged and just found this wonderful site. Everything else I have been reading is so confusing. Hope some of you can help me. I am engaged to a US (PA) citizen and I live in ON. Canada. I own a small business here and my own home. I have a son still in high school (gr 11 age 17) so we do not plan to marry right away and I will not be moving for at least a year or two. We want to be able to travel freely back and forth before and after we marry so I can gradually close my business and start work in the US at the same time, if possible, and perhaps rent out my house here . From most of what I have read the K3 visa looks like the best route for us. I would prefer to marry in Canada, but we will eventually live in the US full time. So, here are my major concerns:

1. Is the K3 visa the bestway for us to go?..or what about the direct consulate thing? It is my understanding that if we marry here then he applies there for the K3 visa that I can still travel freely back & forth between the countries but for how long? and once the visa is approved how long do I have to stay in the US before I can comeback to see family and friends and attend to business? if we marry here and he goes back to apply can he still come to Canada for visits until the visa goes through? My biggest concerns are being able to come back to Canada if my family needs me or I have to take care of property or business any time and without restrictions or fear that I will be denied re-enrty into the US. ......and that I can work in the US as soon as I move there or soon after... and what about after applyingfor AOS and EAD? and how does this ADVAnCE PAROLE thing work? Does hiring a lawyer make it go any faster or give you any guarantees?

2. If my son (17 yrs) wishes to accompany me to the US to attend college is that an option if we are already married?. ..or does he need his own visa? ...and can he work if he's there as a student?

The more I read the more confused I get! Wouldn't it be nice if we could just get married and live happily ever after?

I hope someonecan give me a little guidance and I am really enjoying reading all these forums .....very insightful.

thanks

dreams

[cmartyn 0]

You have so much lead time that I would do the DCF route for a CR1 visa and forget about the K3. When you get your Visa it is valid for six months. To keep this visa though you have to live in the US. you can travel back and forth but you need to spend most of the time in the US.

[dreams77 0]

You have so much lead time that I would do the DCF route for a CR1 visa and forget about the K3. When you get your Visa it is valid for six months. To keep this visa though you have to live in the US. you can travel back and forth but you need to spend most of the time in the US.

Thanks for your prompt reply. If that visa is valid for 6 months then what happens after that? do I then do the AOS thing or do I automatically become permanent res. ......and does that mean we can marry at any time up here and then apply later on closer to the time I want to move?

dreams

[Cristy 4]

You should check out the guide and faq tabs at the top. There is lots of info to go through.

[zyggy 9]

You should check out the guide and faq tabs at the top. There is lots of info to go through.

Check out our guides.. they are very helpful.. If after you read the guides, you have any additional questions, feel free to ask.

Next, if the USC is not resident in Canada for a year, DCF is not an option.

And yes, your 17-year old son will require a visa.. but hurry.. there has been a gray area where if you son enters the US on his visa after he turns 18. There have been problems whith thos people adjusting at some district office due to differing interpretations on immigration law.

[meauxna 15]

Attn All:

DCF in Canada is ONLY open to US citizens who are normally resident in Canada.

US citizens living in the US must file their peititon through the US Service Center serving their state.

[dreams77 0]

You should check out the guide and faq tabs at the top. There is lots of info to go through.

Check out our guides.. they are very helpful.. If after you read the guides, you have any additional questions, feel free to ask.

Next, if the USC is not resident in Canada for a year, DCF is not an option.

And yes, your 17-year old son will require a visa.. but hurry.. there has been a gray area where if you son enters the US on his visa after he turns 18. There have been problems whith thos people adjusting at some district office due to differing interpretations on immigration law.

ok then DFC is not an option .....thanks ..he resides in the US

From what I have read ..... the K1 allows for children under 21 to accompany me without seperate visa if to attend school ......but then I guess he cannot work there. My reason for not wanting to go the K1 route is the whole " once I am there and marry I cannot leave the US until I get AOS is that so? and that can take up tp 2 yrs?

so I am back to thinking that K3 is our best choice then?

[zyggy 9]

You should check out the guide and faq tabs at the top. There is lots of info to go through.

Check out our guides.. they are very helpful.. If after you read the guides, you have any additional questions, feel free to ask.

Next, if the USC is not resident in Canada for a year, DCF is not an option.

And yes, your 17-year old son will require a visa.. but hurry.. there has been a gray area where if you son enters the US on his visa after he turns 18. There have been problems whith thos people adjusting at some district office due to differing interpretations on immigration law.

ok then DFC is not an option .....thanks ..he resides in the US

From what I have read ..... the K1 allows for children under 21 to accompany me without seperate visa if to attend school ......but then I guess he cannot work there. My reason for not wanting to go the K1 route is the whole " once I am there and marry I cannot leave the US until I get AOS is that so? and that can take up tp 2 yrs?

so I am back to thinking that K3 is our best choice then?

That's not exactly how it works...

1) Your son will get a K2 visa when you get a K1 visa. He can work in the US once he files for adjustment of status with you and receives an employment authorization document. You can both travel outside of the US once you get Advanced Parole which you apply for at the same time as you file for adjustment of status..

2) There is some ambiguity in the law in whether an individual who was 18 after the marriage was perfromed is eligible to adjust their status. There have been individuals who have posted on this board that have had problems with adjusting their child's status after the age of 18. You should file for AOS for your son before he turns age 18 if at all possible...

Keep on reading and keep on asking questions...

[dreams77 0]

from what I have been reading in the guide and the FAQ'a about K2and K4 visas for children......is that if we marry here in canada and apply for the K3 he can have a K4 if we MARRY before he turns 18 ........which will be in Jan/07 ......so as I understand that means we should get married before the end of this year? ......and then start K3 applications ......... geeeeeez myhead hurts already!