Visiting US while K-1 begins or is in process?

[Unique2us 0]

My first post. This is on behalf of my 20-yr-old son (a US citizen), and his 19-yr-old Canadian fiance. They have known each other for about 2 years, and the last time my son visited her in Canada was back in March, 2009.

They want to begin the K-1 process ASAP, but are impatient to be together again -- like yesterday. They would like her to visit/live with us here (coming on a regular passport) on around November, 16th, until she needs to return to Canada for the interview and medical exam. Can they start the K-1 process (filing the I-129F) now, if she happens to be with us at the time? Her mother, in Canada, would notify her when papers eventually come from the embassy, at which time she would then return to Canada. Freakin' spendy in one-way airline tickets if you ask me.

Anyway, I don't want them to jeopordize the process. Would the above scenario be something that's workable? I hope I've provided enough info, and if not, let me know.

Thanks much, Terre

[Chris_Жанна 11]

My first post. This is on behalf of my 20-yr-old son (a US citizen), and his 19-yr-old Canadian fiance. They have known each other for about 2 years, and the last time my son visited her in Canada was back in March, 2009.

They want to begin the K-1 process ASAP, but are impatient to be together again -- like yesterday. They would like her to visit/live with us here (coming on a regular passport) on around November, 16th, until she needs to return to Canada for the interview and medical exam. Can they start the K-1 process (filing the I-129F) now, if she happens to be with us at the time? Her mother, in Canada, would notify her when papers eventually come from the embassy, at which time she would then return to Canada. Freakin' spendy in one-way airline tickets if you ask me.

Anyway, I don't want them to jeopordize the process. Would the above scenario be something that's workable? I hope I've provided enough info, and if not, let me know.

Thanks much, Terre

It is fine if she wants to stay while filling. But, she can only stay as long as the CBP (boarder guard) has told her she can stay. I know Canadians do not receive I-94's. So if the the boarder agent gave her a date she must return by the given date or their going to run into overstay problems and you will have to get a waiver for a multiple year ban from the US.

But it is fine if she wants to stay. There is even a question on the I-129F form that asks if your Fiance is in the US during the filing of the petition.

My fiancee visited me form Russia for over 2 months while we waited for our approval.

[Unique2us 0]

Thanks so much for your quick reply.

Just now, my son suggested to book a return flight to Canada with a date near the end of the 6 month maximum stay, and that should be pretty much sufficient? If she needs to return earlier, then we can change to an earlier return date (even if that might cost more money in itinerary changes).

Can the CBP agent insist that she return earlier than a return ticket date?

If my son receives the first NOA in time, would a copy of it sent to her (before she leaves), be something she can/could present to the CBP? That, of course, depends on IF she receives it prior to departing.

What other paper info would be sufficient for them to know she plans to return to Canada before the complete application has been approved? Although she only works part-time, her employer is willing to write a letter stating that she must return to Canada within 6 months (from November 16th) or they will terminate her employment. Is that good enough?

She is currently renting an apartment with a friend. I read that a rent receipt is good to have, but I'm not sure what that proves, other than to proves she's renting in Canada?

Would she need a letter from us that states we will be supporting her, and living with us, during her extended stay?

I think that's it on the additional questions. Thanks again for all your help.

Terre

It is fine if she wants to stay while filling. But, she can only stay as long as the CBP (boarder guard) has told her she can stay. I know Canadians do not receive I-94's. So if the the boarder agent gave her a date she must return by the given date or their going to run into overstay problems and you will have to get a waiver for a multiple year ban from the US.

But it is fine if she wants to stay. There is even a question on the I-129F form that asks if your Fiance is in the US during the filing of the petition.

My fiancee visited me form Russia for over 2 months while we waited for our approval.

[canadian_wife 1,823]

Yes, she is at the mercy of the CBP. If the CBP only allows her to stay for a month, even if she has a return ticket to Canada 6 months down the road, then she will need to plan to return when the CBP tells her to.

A letter from her employer is good, not saying she'll lose her job, but more like when she is expected back. The return ticket is good but it does not guarentee her duration of stay.

You REALLY want to watch your terminology. She is not living with you, she will be visiting for an extended period of time. If the CBP thinks she is living with you, thus circumventing immigration laws, then she will likely be denied. But a letter from you saying she'll be supported until she leaves, perhaps even state when that date is.

Good luck.

[Unique2us 0]

Thanks so much canadian_wife. Really, really, helpful info. I'm copying your post, and I promise to be careful what I say, and what her employer says. Obviously, the less info, but truthful, is the way to go.

If anyone else has suggestions, no matter how minut, I'd love to hear from you.

Thanks to all for the help. ~ Terre

Yes, she is at the mercy of the CBP. If the CBP only allows her to stay for a month, even if she has a return ticket to Canada 6 months down the road, then she will need to plan to return when the CBP tells her to.

A letter from her employer is good, not saying she'll lose her job, but more like when she is expected back. The return ticket is good but it does not guarentee her duration of stay.

You REALLY want to watch your terminology. She is not living with you, she will be visiting for an extended period of time. If the CBP thinks she is living with you, thus circumventing immigration laws, then she will likely be denied. But a letter from you saying she'll be supported until she leaves, perhaps even state when that date is.

Good luck.

[Chris_Жанна 11]

Yes, well if you are not filing the petition yet until she arrives then all she has to do is say she is going to visit her boyfriend. Like one of the other posters said, Watch your terminology when you write to the CBP. do not use words like "Living" or "Staying" she is her on a visit that it is it. If they ask her questions tell her to keep them short simple and close ended, always tell the truth just don't offer up long explanations if not needed. But, really she should have no problem if the petition isn't sent because you are just visiting normally. But still even as a visitor you may be asked to provide addition support of how you will support yourself here as a visitor.

Really CBP can deny any alien for any reason they see fit and their word is final. Now, most likely they won't give her much of a problem. If she has a job tell her to get a letter what her position is and when she can be expected back. If she is in school have her school write a statement saying that she is currently enrolled. Bank account statements, mortgage payments or rent paid. letter from landlord. If she has children any documents that prove she is their mother and needs to return home, Any receipts from mailing out the I-129F (NoA1, NoA2), these are all examples. the more prepared you are the better.

See if she is coming to the US after the petition is filed she will have to prove to the CBP that she will return to Canada. She is coming here with a dual intention as a visitor and a person interested in immigrating here. It is the the CBP concern to believe that every foreign citizen is a potential immigrant. So it is up to her to convince them that she needs to return.

[Unique2us 0]

Thanks again for the additional input Chris - much appreciated. After double-checking the cost to file the I-129F ($455) there's no way they can file it until sometime after she gets here. They need to re-save money and all that. Although she won't be here for another month, I'll post on how the interview goes, etc.

Thanks everybody ~ Terre

Yes, well if you are not filing the petition yet until she arrives then all she has to do is say she is going to visit her boyfriend. Like one of the other posters said, Watch your terminology when you write to the CBP. do not use words like "Living" or "Staying" she is her on a visit that it is it. If they ask her questions tell her to keep them short simple and close ended, always tell the truth just don't offer up long explanations if not needed. But, really she should have no problem if the petition isn't sent because you are just visiting normally. But still even as a visitor you may be asked to provide addition support of how you will support yourself here as a visitor.

Really CBP can deny any alien for any reason they see fit and their word is final. Now, most likely they won't give her much of a problem. If she has a job tell her to get a letter what her position is and when she can be expected back. If she is in school have her school write a statement saying that she is currently enrolled. Bank account statements, mortgage payments or rent paid. letter from landlord. If she has children any documents that prove she is their mother and needs to return home, Any receipts from mailing out the I-129F (NoA1, NoA2), these are all examples. the more prepared you are the better.

See if she is coming to the US after the petition is filed she will have to prove to the CBP that she will return to Canada. She is coming here with a dual intention as a visitor and a person interested in immigrating here. It is the the CBP concern to believe that every foreign citizen is a potential immigrant. So it is up to her to convince them that she needs to return.

[canadian_wife 1,823]

The $455 is just the start, this process will cost thousands of dollars

http://www.fianceandspousevisa.com/FEES.html

This does not list the fees related to travel costs, the $275 medical, shipping documents to USCIS, etc.

Good luck.

Edited October 17, 2009 by canadian_wife

[Unique2us 0]

Thanks for the link. I think.

Well, I knew it was going to be much more when all is said and done, but jeesum, the fees have soared since my husband and I went through this process about 11 years ago. He entered the US illegally from Argentina in 1986, we married in 1996, and the I-130 cost about $80.00. lol I don't remember what the cost was for his AOS. I do know we paid nowhere near over $1,500.

And, the I-129F, around that time period, cost $75.00. I still have the fees list sheet dated 3/28/95.

I'm printing the current fees list to show him, just in case he hasn't seen it yet. My son and his fiance now have one important goal. To SAVE MORE MONEY.

Thanks again ~ Terre

The $455 is just the start, this process will cost thousands of dollars

http://www.fianceandspousevisa.com/FEES.html

This does not list the fees related to travel costs, the $275 medical, shipping documents to USCIS, etc.

Good luck.

[Krikit 1,164]

This link offers some good suggestions: Visitation FAQ's

You can get more country-specific advice in the Canada Forum. Very experienced and helpful people in there.

Welcome to VJ.

[Unique2us 0]

Thanks for the Welcome Krikit.

This is an exceptional group of forums, with wonderful people. My son and his fiance kept asking me to visit here, and I'm glad I finally caved in. I thought I had navigated enough thru the site, and that I had read some of the most important parts. However, I can see that I've missed much of it in my short time here. Amazing I missed the first link, and had no clue there was a forum devoted to different countries. That will definitely be helpful.

Thanks again for everything. I'm off to do some more wandering and reading.

Terre

This link offers some good suggestions: Visitation FAQ's

You can get more country-specific advice in the Canada Forum. Very experienced and helpful people in there.

Welcome to VJ.