Fiance Visa for canadian fiance

[v&k 0]

Hi,

We are new to the board.

My boyfriend and I have been together for almost a year. We met online but met in person almost immediately after and have been dating ever since and traveling back and forth to see eachother very often.

My boyfriend is an american citizen and I am a canadian citizen. On May 5th, 2007, I entered the USA to live with my boyfriend for the allowed 90 day period.

My boyfriend and I would like to start the process of applying for a fiance VISA for me. We have consulted with a lawyer and he said "it would be easier to just get married within my 90 day stay here, because if we are legally married, then we can skip past the paper work and fiance visa and just go right to the step of applying for permanent residency for me, as I would be his wife".

This concerns me because when i entered the USA, I simply said I was going to visit my boyfriend. They asked to see proof of my return flight and everything. Our lawyer seems to think that we should just get married because the fiance visa can take a long time...BUT I am worried that US immigration could say I entered the country with a fradulent intent (ie: i did not say i was coming here to get married, but just to visit). The lawyer seems to think once you are married, it doesnt matter and you can just apply for permanent residency...the only downside would be you cant travel for a year or so.

My boyfriend and I want to do this as legitimately as possible, which is why we are thinking the fiance visa would be the best route, however we are concerned about processing times. I would hate to be away too long and continue racking up airmiles. I guess I have gotten used to being here.

Anyways, if y'all could help, we have a few questions:

1. Can I stay in the USA while my fiance VISA is being processed?- I know i have to go home and then re-enter the country with my fiance visa, BUT can i be here while it is processing and THEN go home for a month or so to do the interview and then re-enter with the visa?

2. How long does a fiance visa take until i can actually enter the country (approx?) Like if i were to go home tommorow, how many months until i can re-enter the US? We will be filing the fiance visa in Texas.

3. If i do have to go home (to canada) while my fiance visa is processing, can i still visit the US during the time period or do i have to stay in canada?

4. Is getting married within my 90 day stay here a horrible idea? Is it fraud? (lawyer seems to think this is the easiest route to take)

5. When i get my fiance visa...how hard is it/how long does it take to get a work permit?

thanks everyone! we both very much appreciate any advice/insight you could provide us with

-veronika and kevin

[no name 1]

PLease have a look here:

http://www.visajourney.com/forums/index.ph...mp;page=compare

http://www.visajourney.com/forums/index.ph...amp;page=k1flow

http://www.visajourney.com/faq/k1faq.htm

And at the timelines:

http://www.visajourney.com/timeline/

Edited June 21, 2007 by devilette

[pushbrk 13,116]

Anyways, if y'all could help, we have a few questions:

1. Can I stay in the USA while my fiance VISA is being processed?- I know i have to go home and then re-enter the country with my fiance visa, BUT can i be here while it is processing and THEN go home for a month or so to do the interview and then re-enter with the visa?

Yes as long as you don't overstay your allowed time.

2. How long does a fiance visa take until i can actually enter the country (approx?) Like if i were to go home tommorow, how many months until i can re-enter the US? We will be filing the fiance visa in Texas.

Six to nine months.

3. If i do have to go home (to canada) while my fiance visa is processing, can i still visit the US during the time period or do i have to stay in canada?

Yes. You can read about how to do that but it is similar to how you entered last time.

4. Is getting married within my 90 day stay here a horrible idea? Is it fraud? (lawyer seems to think this is the easiest route to take)

It is fraud if you entered with the intention of getting married. It is not fraud if you made the decision to marry AFTER you entered. If he was your "boyfriend" not "fiance" when you entered, that pretty much answers whether it's ok. If it is not fraud, then it is no problem. I assume you discussed this with the attorney.

5. When i get my fiance visa...how hard is it/how long does it take to get a work permit?

It generally takes about three months after the marriage. You can get a 90 day temporary work permit by entering through JFK airport on a K1 visa.

[v&k 0]

thanks so much everyone for the replies, I will read the links you posted, sorry for all of the questions, i guess we are just anxious

also, to clarify, i did not come here with the intention of getting married when i entered on may 5th, 2007. This was discussed a a recent possibility and was encouraged by our lawyer as a way to sort of bypass the wait times of the fiance visa. I really just dont want to have to go to canada and aimlessly sit around for months and months waiting for this visa.

why is it that you need a fiance visa to enter the country and get married, but if you were already here, and you just decided to get married you can do so without issues and get a marriage lisence easily? that doesnt make sense. Why wouldnt everyone just do that and claim they "didnt enter with the intetion to marry the person" even if they did.

[pushbrk 13,116]

thanks so much everyone for the replies, I will read the links you posted, sorry for all of the questions, i guess we are just anxious

also, to clarify, i did not come here with the intention of getting married when i entered on may 5th, 2007. This was discussed a a recent possibility and was encouraged by our lawyer as a way to sort of bypass the wait times of the fiance visa. I really just dont want to have to go to canada and aimlessly sit around for months and months waiting for this visa.

why is it that you need a fiance visa to enter the country and get married, but if you were already here, and you just decided to get married you can do so without issues and get a marriage lisence easily? that doesnt make sense. Why wouldnt everyone just do that and claim they "didnt enter with the intetion to marry the person" even if they did.

Some people are honest.

Some people cannot enter the US any other way but with a fiance visa. (Not everybody lives in Canada.)

[Dan J 277]

thanks so much everyone for the replies, I will read the links you posted, sorry for all of the questions, i guess we are just anxious

also, to clarify, i did not come here with the intention of getting married when i entered on may 5th, 2007. This was discussed a a recent possibility and was encouraged by our lawyer as a way to sort of bypass the wait times of the fiance visa. I really just dont want to have to go to canada and aimlessly sit around for months and months waiting for this visa.

why is it that you need a fiance visa to enter the country and get married, but if you were already here, and you just decided to get married you can do so without issues and get a marriage lisence easily? that doesnt make sense. Why wouldnt everyone just do that and claim they "didnt enter with the intetion to marry the person" even if they did.

Couple reasons, its hard for citizens of certian countries to get tourist visas, unless they are very wealthy.

You can claim that, but you may be asked to prove it. And that may be hard to do. If you fail to prove no intention upon entry, you can be deported or even banned.

Technically, K visas and Tourist visas are both non-immigrant visas, but the K visas allow you to file for AOS. The tourist visas only allow you to file AOS in certain conditions.

If your attorny says its ok, then get married soon and file AOS before July 30th when the rate hike goes into effect. Keep all evidence of your intention to return so you can provide it if asked for it.

[Caladan 19]

The OP is being honest if deciding to get married was a spur-of-the-moment, or post-entry decision. Plenty of people have adjusted status successfully from a tourist visa.

Anyhow, to chime in with the answers to your questions.

1. Yes, for part of it. You'd have to go back for the interview, and you'd probably need to go back a bit before that for the medical exam.

2. It's about three months or so to get the I-129F approved through the CSC, where your paperwork would go if you're in Texas, about a month from there to the consulate and you getting information from the consulate, and from there it depends on the consulate. Montreal sets interview dates about four-six months out. Vancouver was about four-six weeks when we went through there. Our process was done in just under five months. That timeline of course, is assuming no problems.

3. You'd run the risk of not being let in because they might suspect you intend to stay, but plenty of people, including my fiance, managed a visit while the K-1 was processing.

4. If you entered with the intention of going home, but changed your mind while you were here, it's not fraud to get married and to file for adjustment of status. This is a good area to talk to a lawyer, but there's also plenty of people who have adjusted from tourist or other statuses here who can help advise you.

5. This is a little tricky. I have a boatload of posts in the Canada forum about getting a temporary work permit. But basically, some border crossings ("points of entry") can give you a stamp that will authorize you to work for the official ninety days of your fiancee visa. JFK is one of those places. However, if you're flying in from Canada, you'll clear customs & immigration *in Canada*, so if you were to land at JFK, you'd be already processed. And none of the Canadian airports will give you the work authorization stamp.

If you were thinking of driving down, most border crossings won't do it. Detroit is rumored to. But based on my experience (read my ranty posts), I wouldn't go out of my way to try to get the work authorization stamp, since most crossings aren't quite sure what to do with a K-1 and you can call them and get there and find out they won't stamp it even if they said they could.

In any case: if you get the work authorization stamp, it's good for 90 days. It expires when your I-94 (the paper that says you've been admitted on a visa) does. But once you're married, you can apply for a work permit. It takes about three months to process.

Good luck with your decision.

[v&k 0]

thanks caladan, that was very informative

[Kathryn41 3,205]

two other points: - if you do decide to get married while you are currently in the states and then apply to Adjust your Status (AOS) to a permanent resident - keep your return ticket. If you are questioned during the interview you can use it to help prove you didn't have the intent to stay when you arrived. It is up to you to prove your intent was to return home, and not up to them to prove that your intent was to stay so you can start collecting 'evidence' now.

and - also if you decide to marry and stay, do NOT leave the US even for a 'short' visit to Canada until you receive either your green card or an Advance Parole (prior permission to leave and return without abandoning the AOS application). The border authority won't let you back in and will insist that you go through one of the Consulates and apply for the proper spousal visa first. The AP generally takes about 90 days but that can vary; the green card (AOS) can take anywhere from a few months to a few years.

[bszoom42 0]

Hmm, my take on this is if I am paying an immigration lawyer (check that you have a good immigration lawyer that is in good status with their state bar) for advice, then I am relying on their expertise to understand and interpret the complicated issues of immigration law. I would correspond with the lawyer in writing (snail mail) and explain my situation, and ask for his paid opinion in writing; and then do what he says, because I am paying him for just that.

[v&k 0]

thanks so much everyone for the replies, I will read the links you posted, sorry for all of the questions, i guess we are just anxious

also, to clarify, i did not come here with the intention of getting married when i entered on may 5th, 2007. This was discussed a a recent possibility and was encouraged by our lawyer as a way to sort of bypass the wait times of the fiance visa. I really just dont want to have to go to canada and aimlessly sit around for months and months waiting for this visa.

why is it that you need a fiance visa to enter the country and get married, but if you were already here, and you just decided to get married you can do so without issues and get a marriage lisence easily? that doesnt make sense. Why wouldnt everyone just do that and claim they "didnt enter with the intetion to marry the person" even if they did.

Couple reasons, its hard for citizens of certian countries to get tourist visas, unless they are very wealthy.

You can claim that, but you may be asked to prove it. And that may be hard to do. If you fail to prove no intention upon entry, you can be deported or even banned.

Technically, K visas and Tourist visas are both non-immigrant visas, but the K visas allow you to file for AOS. The tourist visas only allow you to file AOS in certain conditions.

If your attorny says its ok, then get married soon and file AOS before July 30th when the rate hike goes into effect. Keep all evidence of your intention to return so you can provide it if asked for it.

This is where i get confused....since she doesnt need a tourist visa, etc to come visit me in the US.

[no name 1]

Hmm, my take on this is if I am paying an immigration lawyer (check that you have a good immigration lawyer that is in good status with their state bar) for advice, then I am relying on their expertise to understand and interpret the complicated issues of immigration law. I would correspond with the lawyer in writing (snail mail) and explain my situation, and ask for his paid opinion in writing; and then do what he says, because I am paying him for just that.

OP - I suggest you listen to your lawyer, VJ is no replacement for qualified legal advice.

[Jeremy + Kristy 0]

thanks so much everyone for the replies, I will read the links you posted, sorry for all of the questions, i guess we are just anxious

also, to clarify, i did not come here with the intention of getting married when i entered on may 5th, 2007. This was discussed a a recent possibility and was encouraged by our lawyer as a way to sort of bypass the wait times of the fiance visa. I really just dont want to have to go to canada and aimlessly sit around for months and months waiting for this visa.

why is it that you need a fiance visa to enter the country and get married, but if you were already here, and you just decided to get married you can do so without issues and get a marriage lisence easily? that doesnt make sense. Why wouldnt everyone just do that and claim they "didnt enter with the intetion to marry the person" even if they did.

Couple reasons, its hard for citizens of certian countries to get tourist visas, unless they are very wealthy.

You can claim that, but you may be asked to prove it. And that may be hard to do. If you fail to prove no intention upon entry, you can be deported or even banned.

Technically, K visas and Tourist visas are both non-immigrant visas, but the K visas allow you to file for AOS. The tourist visas only allow you to file AOS in certain conditions.

If your attorny says its ok, then get married soon and file AOS before July 30th when the rate hike goes into effect. Keep all evidence of your intention to return so you can provide it if asked for it.

This is where i get confused....since she doesnt need a tourist visa, etc to come visit me in the US.

When you cross from Canada, you may not have an actual tourist visa in your passport, but you are in the country, legally, as a "tourist" with a sort of "implicit visa." The "snowbirds" do it every year.