Waiting Out the I-130 Process in US

[wuwei 0]

Thanks to all of you regular posters – I have found some very interesting information and advice. This is my first post.

I am wondering what the pitfalls are for attempting to wait out as much of the I-130 processing time as possible in the US with my SO.

We are not yet married, but I was wondering if it would be okay for me to go down (from Canada) on a tourist visa, get married and then file only the I-130, not the AOS. I was thinking about a scenario like this:

1. I go down on a tourist visa, which gives me 180 days – understanding the initial risk of being turned down at the border.

2. Get married right away.

3. File the I-130 petition right after the wedding.

4. Wait it out in the US with my SO. (I am currently living with a roommate and could have her courier any information or packages sent to my home address in Canada.)

5. When it came time to either return home due to expiring tourist visa or attend the medical and the interview, I could go home at that point (with the understanding that I can’t come back without the K-3).

Has anyone else done this? Any INS rules that I would be violating? Provided, of course, I don't work or anything like that. It seems like I could spend the ~150 days from filing to B-visa expiry or interview better with my SO, rather than alone.

I appreciate your comments.

[misa 2]

I don't see a problem with the scenario since you have every intention of going back and would not overstay your 180 days. It looks like you've thought it out thoroughly even down to potentially being turned back at the border on your visit.

Edited November 2, 2007 by misa

[bradcanuck 1]

You could in fact do this, but if you are there, you may as well file the AOS if you can. There is a potential to get an approval within the time you are there. You could also file for AP and be able to travel back home while adjusting... that's an option B if you like taking risks.

[LadyJane 1]

Thanks to all of you regular posters – I have found some very interesting information and advice. This is my first post.

I am wondering what the pitfalls are for attempting to wait out as much of the I-130 processing time as possible in the US with my SO.

We are not yet married, but I was wondering if it would be okay for me to go down (from Canada) on a tourist visa, get married and then file only the I-130, not the AOS. I was thinking about a scenario like this:

1. I go down on a tourist visa, which gives me 180 days – understanding the initial risk of being turned down at the border.

2. Get married right away.

3. File the I-130 petition right after the wedding.

4. Wait it out in the US with my SO. (I am currently living with a roommate and could have her courier any information or packages sent to my home address in Canada.)

5. When it came time to either return home due to expiring tourist visa or attend the medical and the interview, I could go home at that point (with the understanding that I can’t come back without the K-3).

Has anyone else done this? Any INS rules that I would be violating? Provided, of course, I don't work or anything like that. It seems like I could spend the ~150 days from filing to B-visa expiry or interview better with my SO, rather than alone.

I appreciate your comments.

Going down to the states with the intent to marry and stay in the US on a visitor visa is visa fraud. You can come down here to get married, but you can't stay. I don't see the problem with you using up your allotted 180 days, but just remember that you won't be able to come back down here until you have your visa then! And you may want to check to see how long it'll take for a K-3 to come through, is it really as short as 6 months? It's taking a CR1 visa 12-14 months from start to finish.

[Chica Yeyé 41]

Ditto what everyone said - just don't overstay that visa or you'll be in deep shite.

Also, my humble opinion (OK not humble he he) is don't apply for a K-3. Considering the timelines, go for the CR-1!!!

Welcome to insanity.... I mean, VJ!!!!!

[wuwei 0]

Ditto what everyone said - just don't overstay that visa or you'll be in deep shite.

Also, my humble opinion (OK not humble he he) is don't apply for a K-3. Considering the timelines, go for the CR-1!!!

Welcome to insanity.... I mean, VJ!!!!!

Yes, I truly understand the overstaying bit. I've been down on a TN in the past - and I was very careful not to overstay. I appreciate everyone's comments and the advice on skipping the K-3 and going to the CR-1. I'll need to do some more research there.

If I were to attempt the scenario above, what would you recommend I do prior to leaving Canada - in terms of paperwork prep? For example, should I make sure that I have the police check sorted? I get the impression that I have to go into the police station, be fingerprinted, and pay money to have them send me my record? It seems that I should do this before I go to the US for 6 months, given the obvious difficulty of trying to mail my fingerprints.

Anything else that I would need for the interview in MTL that is more easily procured in person before I leave?

[Chica Yeyé 41]

If I were to attempt the scenario above, what would you recommend I do prior to leaving Canada - in terms of paperwork prep? For example, should I make sure that I have the police check sorted? I get the impression that I have to go into the police station, be fingerprinted, and pay money to have them send me my record? It seems that I should do this before I go to the US for 6 months, given the obvious difficulty of trying to mail my fingerprints.

Anything else that I would need for the interview in MTL that is more easily procured in person before I leave?

First, take things easy. MTL is REALLY slow, and you don't want your documents to expire before it's interview time.

Police records: if you DO NOT have a criminal history, you don't need fingerprints -- just go to the nearest police/RCMP detachment and ask for a name check Canada-wide. This is good for 1 year.

Medical: you can't have this done until MTL assigns you a case number and sends you packet 4 -- this HAS to be done in Canada with a specific doctor depending where you live.

I strongly recommend that you as they are super helpful and I don't want to misguide you!!!

Peace, L.

[Dylan'sWife 2]

Thanks to all of you regular posters – I have found some very interesting information and advice. This is my first post.

I am wondering what the pitfalls are for attempting to wait out as much of the I-130 processing time as possible in the US with my SO.

We are not yet married, but I was wondering if it would be okay for me to go down (from Canada) on a tourist visa, get married and then file only the I-130, not the AOS. I was thinking about a scenario like this:

1. I go down on a tourist visa, which gives me 180 days – understanding the initial risk of being turned down at the border.

2. Get married right away.

3. File the I-130 petition right after the wedding.

4. Wait it out in the US with my SO. (I am currently living with a roommate and could have her courier any information or packages sent to my home address in Canada.)

5. When it came time to either return home due to expiring tourist visa or attend the medical and the interview, I could go home at that point (with the understanding that I can’t come back without the K-3).

Has anyone else done this? Any INS rules that I would be violating? Provided, of course, I don't work or anything like that. It seems like I could spend the ~150 days from filing to B-visa expiry or interview better with my SO, rather than alone.

I appreciate your comments.

Canadians generally do not apply for and receive B2 visa's since they are not required to them enter the US.

I am not sure of what circumstances they would require in order to issue a B2 visa to a Canadian. Have you contacted the local consulate on this?

[Delicia 1]

Thanks to all of you regular posters – I have found some very interesting information and advice. This is my first post.

I am wondering what the pitfalls are for attempting to wait out as much of the I-130 processing time as possible in the US with my SO.

We are not yet married, but I was wondering if it would be okay for me to go down (from Canada) on a tourist visa, get married and then file only the I-130, not the AOS. I was thinking about a scenario like this:

1. I go down on a tourist visa, which gives me 180 days – understanding the initial risk of being turned down at the border.

2. Get married right away.

3. File the I-130 petition right after the wedding.

4. Wait it out in the US with my SO. (I am currently living with a roommate and could have her courier any information or packages sent to my home address in Canada.)

5. When it came time to either return home due to expiring tourist visa or attend the medical and the interview, I could go home at that point (with the understanding that I can’t come back without the K-3).

Has anyone else done this? Any INS rules that I would be violating? Provided, of course, I don't work or anything like that. It seems like I could spend the ~150 days from filing to B-visa expiry or interview better with my SO, rather than alone.

I appreciate your comments.

Canadians generally do not apply for and receive B2 visa's since they are not required to them enter the US.

I am not sure of what circumstances they would require in order to issue a B2 visa to a Canadian. Have you contacted the local consulate on this?

My husband has a B1/B2. He is a Canadian PR but holds a Chilean passport. He had no trouble getting the visa and the visa actually expires 1 year after his passport. Makes no sense...

[Reba 2]

Canadian citizens however Do Not need a visa to visit the US, we just cross the border and there we are. Provided of course the CBP officer lets you in.

To the OP: Most likely what is going to happen for you is that you get to the US (provided they let you in) and you stay for your 6 month visit and then you'll have to return to Canada for 6 or more months. Can you afford to be out of work that long? K3s and CR1s are currently taking about a year to process. Can your room-mate afford to not have a room-mate helping out with the rent and bills for that long? What will you tell the border guard your reason for staying for a 6 month holiday, and how do you plan to prove to support yourself during that stay, and how do you plan to prove that you will in fact return to Canada at the close of 6 months if you have no job to return to?

These are questions that they will ask you. And more.

When my husband and I were going thru all this, I stayed in the US for 5 months (already had used up 1 month prior to that on various visits that were recorded) and processing was at a slow-down. I ended up returning to Canada to wait it out for another 7 months. I couldn't afford to make a trip down again before I was able to move, because I had no job and had to save money up for the medical exam and trip to Montreal.

As someone else already mentioned, you can't have the medical done until you have your interview letter from the consulate, and the police check does expire, so you don't want to do that any earlier than say after you have the petition approval notice. And unless you have a criminal record, you do not need the fingerprint check, just Canada wide name and birthdate check. Depending where you live in Canada will depend on the cost of both the medical and the police check.

There are pros and cons to what you're planning. Consider them all before you pack up and leave. And don't pack up your whole life and try to take it with you, they definitely won't let you in if you do!