IR1 / CR1 - Montreal Timeline to Interview

[Canadiandggal 49]

I am sorry it seems I am wrong with the aos process I thought that if you were married and then left the states to your own country and filed a cr or other visa that one could not go visit and just decide to do aos. In that case I should be doing that right now. I have to research that option and read up on the aos process. Sorry for my response prior

[Canadiandggal 49]

I really need to read up on this stuff and I FoRgot to add a to my last pst so. double time haha

[zenaxe 22]

Ok, stupid question, what if you get tired of waiting? Say they let you across the border into the states for a visit..and then you decide you want to jump the line and file for an AOS?

You should get sound legal advice before you make any decision like that. The K3 is supposed to be while you're in the USA you ended up getting married. In other words you didn't necessarily intend on getting married but you did. Otherwise the appropriate visa if you were intending on marrying in the first place is the fiancee visa. However all of this is off the table because you did get married and filed and left the country. Because you have left the country I cannot see any appropriate way for you to be visiting then deciding not to leave and circumventing the system. I think the issue is that with the K3 you marry but DON"T leave the country but that's not the case.

I won't give you legal advice obviously but given what I know about this, I wouldn't recommend you visit then decide to stay, that would be frowned upon.

If anyone has better reasoning have it it - you should consult with an immigration attorney. The problem in the end, is you do anything that they find to be unlawful or inappropriate, you face consequences.

Good luck.

[OBX 51]

You should get sound legal advice before you make any decision like that. The K3 is supposed to be while you're in the USA you ended up getting married. In other words you didn't necessarily intend on getting married but you did. Otherwise the appropriate visa if you were intending on marrying in the first place is the fiancee visa. However all of this is off the table because you did get married and filed and left the country. Because you have left the country I cannot see any appropriate way for you to be visiting then deciding not to leave and circumventing the system. I think the issue is that with the K3 you marry but DON"T leave the country but that's not the case.

I won't give you legal advice obviously but given what I know about this, I wouldn't recommend you visit then decide to stay, that would be frowned upon.

If anyone has better reasoning have it it - you should consult with an immigration attorney. The problem in the end, is you do anything that they find to be unlawful or inappropriate, you face consequences.

Good luck.

Actually the K3 is not for that scenario. These comparison guides explain the various visas Comparison of Visas

In any case K3 were effectively closed earlier this year. Once both the I-130 and I-129F are approved and forwarded to NVC, they are joined and the K3 is closed, leaving the filer to follow the IR1/CR1 path.

If the poster is already married he cannot enter the US and stay to adjust status. He can, however, visit during the process provided he has satisfactory ties to Canada to show he is returning.

[canadian_wife 1,823]

Ok, stupid question, what if you get tired of waiting? Say they let you across the border into the states for a visit..and then you decide you want to jump the line and file for an AOS?

Don't you think we'd all do that if that was the case? If you are already married with a pending I-130, then you clearly have immigrant intent. You cannot enter the US as a visitor and decide to 'jump the line' and apply for AOS. You'd have to overcome the presumption of immigrant intent (which you clearly have). The result can be a lifetime ban from the US...worth it to you?

Good luck

[CanadianRedneck 8]

Don't you think we'd all do that if that was the case? If you are already married with a pending I-130, then you clearly have immigrant intent. You cannot enter the US as a visitor and decide to 'jump the line' and apply for AOS. You'd have to overcome the presumption of immigrant intent (which you clearly have). The result can be a lifetime ban from the US...worth it to you?

Good luck

[Canadiandggal 49]

Ok so I was correct maybe my wording was just confusing hehe

[CanadianRedneck 8]

A little pissed off are we? Was just a question...I was told after the I-130 was approved I couldn't come visit anymore...just a stupid thought. My apologies.

[Canadiandggal 49]

Who's angry? Heck I got confused for a bit there.

[canadian_wife 1,823]

nope, not pissed off. Just telling the truth.

I already replied to your visiting after your I30 approval. You can read that if you like

Just because you may not like my response, it does not mean I'm pissed off

Good luck

[OBX 51]

Don't you think we'd all do that if that was the case? If you are already married with a pending I-130, then you clearly have immigrant intent. You cannot enter the US as a visitor and decide to 'jump the line' and apply for AOS. You'd have to overcome the presumption of immigrant intent (which you clearly have). The result can be a lifetime ban from the US...worth it to you?

Good luck

canadian_wife has made an important point! When I started this process I was quite oblivious to the workings of immigration but I learnt quickly, thanks to the helpful members on VJ.

Many of us have had to deal with friends and family wondering why we couldn't just pick up and leave and go immediately to the US. As canadian_wife posted if it were that easy we would all be doing it. Point is, it is important to be cognizant of the laws and the consequences of breaking them. A lifetime ban is a serious matter!

Unfortunately dealing with separation is part and parcel of the process but we can all sympathize and one day it will be but a distant memory. Good luck!

[mtlgato 2]

I dare say nobody's pissed off with *you.* A lot of us have just been waiting on the Montreal consulate a long time and may be a little grouchy about what we're going through...plus maybe, as a pp suggested, with our own family and friends who just refuse to believe that legal immigration from Canada to the US under these circumstances could really and truly be this slow.

C.

A little pissed off are we? Was just a question...I was told after the I-130 was approved I couldn't come visit anymore...just a stupid thought. My apologies.

[zenaxe 22]

A little pissed off are we? Was just a question...I was told after the I-130 was approved I couldn't come visit anymore...just a stupid thought. My apologies.

Greets...no you can visit. I visited my wife while our I 130 was being processed. I was in Canada and coming down to visit for weeks at a time etc. When they say you are inadmissable, that doesn't necessarily mean you are unlawful and will be denied. It means it's up to the discretion of the border folks.

You can lawfully visit but you have to ensure that you show evidence of strong ties to your country ie lease agreement or mortgage documents, a letter from an employer showing you are to return to work by a certain date etc. As long as you can show you have strong ties to Canada and that you intend on returning, you shouldn't have any problem.

Like I said, myself and countless others, have successfully visited without problems. Truth is, I've barely been asked any questions on my visits. I do however also hold a Nexus card and have been prescreened so that likley helps.

So go ahead and visit, just prove you are not going to remain in the US while the petition or visa is being processed and you'll be fine. Bring evidence with you.

Good luck.

[CanadianRedneck 8]

Thanks

...that makes me feel a lot better, I appreciate the information.

[CanadianRedneck 8]

I've gone to visit quite a few times...the border agent said once the I-130 is approved and goes to NVC then I'd be inadmissible

.....I know what you're saying..did you maintain visiting up until your consular processing?