ForumTitleContentMemberSexCountryDate/Time
IR-1 / CR-1 Spouse Visa Process & ProceduresInterview Today in Kingston Jamaica
congrats! good.gif star_smile.gif
jawi876FemaleJamaica2009-07-20 22:13:00
IR-1 / CR-1 Spouse Visa Process & ProceduresGeneral idea of how long it will take
Hey Numbers...welcome to VJ and hopefully the Yardie forum. Best wishes and God speed on a quick process for you! good.gif
jawi876FemaleJamaica2009-08-06 20:14:00
IR-1 / CR-1 Spouse Visa Process & ProceduresI-130
You don't have to notarize...unless it will make you feel better. If I'm not mistaken the I864 for CR1s is the only form that requires a notary seal. Best wishes. good.gif
jawi876FemaleJamaica2009-08-15 23:47:00
IR-1 / CR-1 Spouse Visa Process & ProceduresI-130
Not only do they test...but they will even ban for admitting to using in the past. 3 year ban with NO waiver...
jawi876FemaleJamaica2009-08-16 00:03:00
IR-1 / CR-1 Spouse Visa Process & ProceduresYardies I Need Your Feedback
QUOTE (MsSheka @ Aug 15 2009, 08:40 AM) <{POST_SNAPBACK}>
wow.gif i did not even know that it mattered, that's JAMAICA! who really doesn't there these days on my last trip there i was shocked to see some KIDS! maybe 10 or 12 years old smoking on the street corner. wow.gif


Although you see at lot of weed smokers in Jamaica, it is very illegal in Jamaica. Your husband will also be going to a US Consulate...just happens to be stationed in Kingston. Please tell your husband that no MATTER what...he has never touched the stuff...if they trip him up or find out that he has indeed used recently it is an automatic 3 year ban with no waiver. There are a couple of yardies here that are dealing with this issue right now.

QUOTE (mrshamilton @ Aug 15 2009, 04:21 PM) <{POST_SNAPBACK}>
when my hubby did his medical, they asked him had he ever smoked weed, he said yes, but had stopped months ago, so IDK if they still ran a drug test.


Oh Mrs.Hamilton...I pray this does not hurt you at the interview. From what I have seen/read here they do not tell you at the medical...they will wait until the interview to tell you that he has a ban for three years just from admitting to using in the past...even with a clean test. One yardie woman said her man admitted to using over 7 years or something like that...and he got banned for 3 years. It was really sad. I see your interview is coming up...man I pray that they don't stick you over this...he should have denied it until the cows came home. MAN! unsure.gif
jawi876FemaleJamaica2009-08-16 00:00:00
IR-1 / CR-1 Spouse Visa Process & ProceduresTranslating Receipts

Only translate official documents. In your case, there shouldn't be any foreign language "documents" submitted with the petition. You can submit receipts without translation.

Note: I know the profile says N/A for filed for but I'm aware this is a fiance case, not a CR1, even though errantly posted in the wrong forum.



Sorry! I dunno how that happened.. I don't even know what a CR1 is!
GJenMaleVenezuela2010-05-12 18:31:00
IR-1 / CR-1 Spouse Visa Process & ProceduresTranslating Receipts
I have hotel receipts and receipts where I withdrew money from an ATM in Venezuela. I read an earlier post that said if it's attached and in another language, it should be translated.


Please submit certified translations for all foreign language documents. The translator must certify that s/he is competent to translate and that the translation is accurate.

The certification format should include the certifier's name, signature, address, and date of certification. A suggested format is:



I [typed name], certify that I am fluent (conversant) in the English and ________ languages, and that the above/attached document is an accurate translation of the document attached entitled ______________________________.

Signature_________________________________
Date Typed Name


I found that on the USCIS site (General Tips for Assembly). Now, technically it's not a document. But who wants an RFE, right? So.... should I stick this on the sub-cover page I plan to make for my evidence? Also, "date of certification"... would that just be the date I translate it? I'm not officially certified. I just know what the receipt says.
GJenMaleVenezuela2010-05-12 17:35:00
IR-1 / CR-1 Spouse Visa Process & Proceduresmedical exam
while I was waiting for my Visa appmnt I called the Embassy doctor to find out the vaccinates that I needed and then went to the hospital and got the shots so by the time I went to my Medical exam, I had everything needed.. I thinnk you could go ahead and do that! do you already have an interview date?
GJenMaleVenezuela2010-08-16 09:47:00
IR-1 / CR-1 Spouse Visa Process & ProceduresWorry about my interview,
I know not all embassies work the same way and I'm not telling you not to bring any evidence.. but if you lost most of your emails theres notway to get them back.. adn I'm not gonna tell you your visa will be deny either.. I think you have good evidence like phonelogs, chats, plane tickets... so that will make up for the email evidence your laking... so cheer up.. but yeah try to take as much as you can with you... I was told the embassy in Venezuela was easy and didnt ask for much evidence.. still I took soo much!.. believe me the folder where I put everything was about to explode with so much paperwork.. and the CO didnt ask for anything of that :S just forms and tax returns .. I was like WHAT I worked so hard !!!! but its better that you take all you can... its better to have everything and not be asked for any of those papers than not to bring much and be asked for more... and well if they ask why you dont have enough emails you can tell them you lost them all... you dont have to get into details just tell them you lost them... and bring the ones from 2009 and current emails you guys have sent to each other



well some countries has more to worry then others...Again Thailand is one of them too...I didn't catch if she(author of the topic) saw her husband to be or not ever? If not,it may be tougher.They were kinda suspicious when my hubby told them I was there 3 times before marriage and each time it has been about 8 months we didn't see each other only talk thru messengers...they said it was not enough(not thinking that not everyone is rich and not everyone can afford to travel every 2 mos...)but what made up for all that suspicion is that after we got married I was there 6 mos.They looked pictures only,no need for other evidence.So,the less you see your spouse,the shorter time you got married,the bigger suspicion...and the more evidence needed.






GJenMaleVenezuela2010-09-07 08:52:00
IR-1 / CR-1 Spouse Visa Process & ProceduresWorry about my interview,
I think you shouldnt worry.. I was worrying like you before the interview.. and they didnt even ask for any evidence.. just Affidavit of support and forms :S.. anyway I think you have good evidence...
GJenMaleVenezuela2010-09-06 10:57:00
IR-1 / CR-1 Spouse Visa Process & Procedures7 months with no response.
QUOTE (panamania79 @ Jan 16 2008, 06:01 PM) <{POST_SNAPBACK}>
QUOTE (Angie Y Shane @ Dec 22 2007, 08:23 PM) <{POST_SNAPBACK}>
helpsmilie.gif
I need others feedback and help. My case has been pending for seven months now with no approval, denial or RFI. Every time I call I get BS stories about my case not being 6 months of business days, or some other excuse. I have finally came to the since that they have lost my case.

I contacted my local Congressman Peter Defazzio and they sent a e-mail to California Service Center. This was about a week ago no response yet.

I called USCIS Thursday and made a request for a service expedite on my case. The officer on the phone was trying to give me some BS excuse that I have to wait 30 days outside of the 6-month processing time. I called them on the 7th month from my petition being received May 19, 2007. I called them December 19, 2007 and had to argued with three different officers and one supervisor to get them to start a expedite service. I called them out on their BS excuses.

I’m at the point to just pack up and move to Colombia with my wife. But I know that it will be very challenging if I do. But my wife is very much feeling the same as me.
So my self and my wife have decided to give it until February to see some sort of decision or change. If not well then my Visa friends I have to pull out. I do not understand what is going on with these people at USCIS. But they have their ways of trying to wreak marriages.

God bless you all and please feel free to send your helpful replies. My wife is already showing signs of weakness from this process of waiting. I’m afraid to lose her. Our attorney suggested that I should take a break and go down there for one month to strengthen things up? My wife feels the same; we need energy and positive strength here.

God bless every one. helpsmilie.gif


I have been waiting for nine months with no response.I have called customer service,called my congresman,and written letters myself,and nothing.I ,just like you am ready to go to Panama and forgetabouit ! mad.gif


Panamenia,
No te preocupes. I'm telling you this process is designed to ruin you. Por ejemplo, here is an e-mail that I received today-

The last processing action taken on your case Receipt Number: MSC07060XXXXX
Application Type: I129F , PETITION FOR FIANCE(E) Current Status: Approval notice sent. On January 16, 2008, we mailed you a notice that we have approved this I129F PETITION FOR FIANCE(E). Please follow any instructions on the notice. If you move before you receive the notice, call customer service.

HOW CAN I RECEIVE THIS WHEN MY HUSBAND IS ALREADY HOME? blush.gif HE ARRIVED TO THE US ON NOVEMBER 28, 2007. When I got frustrated, I back away from the situation. Basically, any thing related to "La Migra" was off limits. Your time will come when you least expect it. Keep the faith. I know exactly how you feel.

Tip: When I contacted the local Congressmen, I got no where. Get in touch with your US Senator. There should be two for your state. Here is the link for more information-

http://www.senate.go...enators_cfm.cfm

Edited by Mrs. Scott, 16 January 2008 - 07:04 PM.

Black VelvetFemale02008-01-16 19:01:00
IR-1 / CR-1 Spouse Visa Process & ProceduresWe're Approved!!!
QUOTE (Marlita @ Mar 18 2008, 01:15 PM) <{POST_SNAPBACK}>
I've been feeling like ####### lately and didn't even plan to go to work today. But I woke up and thought about an approval notice and just how much energy that would give me.

Well I checked my email and low and behold.....an email from CRISS. kicking.gif kicking.gif

Thank you God! Prayers work and all praise be to the Lord Jesus Christ.

Thank all of you for your help and support thus far. It has truly worked wonders and will continue to work wonders as the second half of my journey begins. star_smile.gif rose.gif


Congratulations! I am sooooooo happy for you. Why didn't you post the good news on the Yardie thread? Be sure to follow that VJ's member shortcuts from this point. kicking.gif kicking.gif kicking.gif
Black VelvetFemale02008-03-18 22:24:00
IR-1 / CR-1 Spouse Visa Process & ProceduresInterview Preparation List
QUOTE (rajee @ Jul 13 2008, 02:58 PM) <{POST_SNAPBACK}>
Here is something I've compiled as to what Neetu will be taking to the interview. I would appreciate feedback if something is missing and otherwise I hope this helps others organize their papers smile.gif

***Required docs - interview letter (my copy and hers), postponement letter, medical packet, my passport copy, her original passports (maiden name and married name), photocopies of docs sent to NVC (See below), employment experience

***Marriage/NVC "proof" - Registered Marriage Certificate, photocopies of both marriage certificates, Birth Cert photocopy, Police report photocopy, Wedding cards, Affidavits, Wedding Album, DVD/CD of Wedding

***Proof of Relationship: emails, phone records, cards, letters, copies of cards/letters she sent to me, chat transcripts from skype, pictures (casual ones, including goa and family visits), boarding passes, itinerary of trip to goa, hotel receipts, my itineraries from my visits there, screenshots from skype webcam/chatting - presentable if asked

*Entire I-130 packet copy as submitted by me - to be used only if certain things (ie my naturalization cert photocopy) are asked for ...

*Tax returns, employment letter, bank statements from I-134 packet which I sent to her before (from when we filed K3) to be shown only if asked. She doesn't have a copy of the I-864EZ that I filed ... I think that isn't necessary.

*Tourist visa sponsorship info filed by relative (her parents got it, Neetu was rejected at the time - to be shown only if asked).

I've also attached the list above as a TXT file in case it helps smile.gif


Your list looks great! Other than wedding pictures, I would also bring informal pictures. I wish you much success at your interview.
Black VelvetFemale02008-07-13 16:45:00
IR-1 / CR-1 Spouse Visa Process & ProceduresSunday Touches?
QUOTE (Jamericanlove @ Jul 20 2008, 01:07 PM) <{POST_SNAPBACK}>
I didn't know the service centers operate on the weekends.

I got another touch today...very unexpected. This is the 4th touch in 5 days...I'm really starting to wonder what's up.


That's news to me. I had no idea that any activity occurred on the weekend.
Black VelvetFemale02008-07-20 12:18:00
IR-1 / CR-1 Spouse Visa Process & ProceduresCR1- Does James's Shortcuts
My girlfriend received the NOA-2. She is a green card holder, and filed for her husband (Jamaica). Has any one tried James's short cut recently? They have been married for four years. I am trying to help her with the process.
Black VelvetFemale02010-09-17 10:53:00
IR-1 / CR-1 Spouse Visa Process & ProceduresIV Invoice Error
I mailed the copy of friend (daughter's green card). NVC has removed her from the invoice. I sent the IV & AOS papers vis USPS Express Mail. NV received the package on November 2nd. I called the (603) #, to track the status. It says that information was received on Nov 15th. Will the automated system tell me when the case is complete? Does my friend need to speak with an operator? I just want to make sure that there is no RFE. Please advise.

Good Mornin to you as well. The invoice was not received in Error but the NVC generated invoices based on the information received from the USCIS... which was initially submitted by the person completing the I-130.


Tell your friend she can go ahead and Pay the IV Fee for the hubby.. it will not delay the case. The petitioner WILL need to contact the NVC and tell them that the "daughter" that is listed on the case is no longer a benificiary.. because she has a green card. To REMOVE from from the case file the NVC will ask that you send Proof of this.. not sure if a RFE would be generated or they would just have you mail/fax it in. They Will require a copy of her GreenCard.



any other questions let us know... enjoy


Black VelvetFemale02010-11-17 12:05:00
IR-1 / CR-1 Spouse Visa Process & ProceduresIV Invoice Error
Thanks for the information. I will let her know.
Black VelvetFemale02010-10-22 09:53:00
IR-1 / CR-1 Spouse Visa Process & ProceduresIV Invoice Error
Good morning VJ Family. I am trying to assist my friend with an CR-1/IR-1 Visa. She filed for her husband in Jamaica. However, she received 2 IV Invoices (one for hubby & the other for their daughter). Daughter and mother already live in the US (green card holders). If she asks NVC to remove daughter from fee bill, will that cause a delay? Should she just disregard the daughter's fee bill and pay the husband's instead? Please advise. I hope I am making sense.
Black VelvetFemale02010-10-22 08:55:00
IR-1 / CR-1 Spouse Visa Process & ProceduresHow do I know when case is complete at NVC?

I am confused. I went to the payment portal. I entered the case number & invoice ID. It said paid. Where would I see SIF?



Wayne & Claudia,
I found out that SIF means sign in failed. Duh, I'm a little slow at times.
Black VelvetFemale02010-11-18 10:01:00
IR-1 / CR-1 Spouse Visa Process & ProceduresHow do I know when case is complete at NVC?

Go with the payment portal and look for a SIF. At that point your case is complete. At that point call the NVC and speak with an operator.



I am confused. I went to the payment portal. I entered the case number & invoice ID. It said paid. Where would I see SIF?
Black VelvetFemale02010-11-18 09:57:00
IR-1 / CR-1 Spouse Visa Process & ProceduresHow do I know when case is complete at NVC?
I sent the IV & AOS papers (F2A visa) via USPS Express Mail. NV received the package on November 2nd. I called the (603) #, to track the status. Automated system indicates that information was received on Nov 15th. Will the automated system tell me when the case is complete? Does my friend need to speak with an operator? I just want to make sure that there is no RFE. Please advise.
Black VelvetFemale02010-11-17 15:47:00
IR-1 / CR-1 Spouse Visa Process & ProceduresRFE for F2A Visa

I am not sure I have ever seen the boyfriend post inquiring about the practicalities of his girlfriends husbands immigration.

A new one for me.



Obviously, you did not read the post! I am a female trying to assist my friend (also a female) regarding her husband's case.

I am not sure I have ever seen the boyfriend post inquiring about the practicalities of his girlfriends husbands immigration.

A new one for me.



Obviously, you did not read the post! I am a female trying to assist my friend (also a female) regarding her husband's case.
Black VelvetFemale02010-12-15 09:48:00
IR-1 / CR-1 Spouse Visa Process & ProceduresRFE for F2A Visa
My girlfriend is a LPR. She filed for her husband (Jamaican citizen). She received a RFE for not submitting the original marriage and beneficiary's birth certificate. In addition, she did not include proof of ownership (checking/savings account). She shipped the evidence via USPS Express Mail. The NVC received the package on Tuesday, November 30th. The AVR indicated the information was entered on December 8th. She was hoping for her hubby to get a January interview date. How much longer do you think it will take to complete the case? Has any one had a similiar experience?
Black VelvetFemale02010-12-14 20:42:00
K-1 Fiance(e) Visa Process & ProceduresDo I even need a K1 as a Canadian?

No, I think AM1996 wanted to get married in the US now and then again in the Caribbean. The purpose of the US weddign was tax purposes and the purpose of the Caribbean wedding was for 'the real deal' thing. I hope I am not mis-interperating anything here. If I'm wrong in my translation .. sorry.

Kezzie ... good job spelling it out. I guess it was not so clear before - I guess that my understanding of the post came from being immersed in all of your conversations.

Mozplay, this is EXACTLY right.

My last question: I last entered the US at the end of April. If my AOS and, most importantly, AP application is not approved prior to the 6-month expiration of my current B-2 status, what do I do to prevent "visa overstay" arguments later?

Edited by am1996, 04 August 2006 - 01:55 PM.

am1996Not TellingCanada2006-08-04 13:53:00
K-1 Fiance(e) Visa Process & ProceduresDo I even need a K1 as a Canadian?
Woo hoo, I knew that there was a reasonable solution to all this! I guess we're getting legally married on Monday (not very romantic but if that's the only drawback to this approach, I'll get over it). Thank you all SO MUCH! :dance:

Now, it's January? How can you avail yourself of tax benefits for the calendar year 2005, if, indeed, you are not going to marry until January 2007. This is getting more absurd by the moment! Am I the only one that is wondering about the veracity of the OP?

There is no need to rude replies. The original plan was to get legally married in the US before the end of the year (so we'd be able to file a joint tax return for '06) and then have a ceremony in the Carribean in the second week of January.

Now it looks like we're getting married on Monday!
am1996Not TellingCanada2006-08-04 13:41:00
K-1 Fiance(e) Visa Process & ProceduresDo I even need a K1 as a Canadian?

You seem really fixated on this Carribean thing... why is it so important to you to be married THERE? There are beaches and resorts aplenty in the US - you could be married in Florida or Hawaii... it just seems to me that since you are already legally present in the United States with your fiance, you have something that most of the people on this board have fought hard for, so why jeopardise it? It's August - if you married him in front of a JP next week and applied for AOS/AP right away, you should have the permission you need to leave the country safely by January. Then you could have your big 'destination' wedding and all the hoopla you wanted without risking a ban or eviction from the US.

As I've previously posted, there is a very good reason that a specific country in the Caribbean was chosen. We can't easily change destinations.

As for the AP, I did not realize that I could get it done by the end of the year. The question now is whether I am allowed to file for all that good stuff without a I94 and without any documentary evidency of a B2 status.

Edited by am1996, 04 August 2006 - 01:21 PM.

am1996Not TellingCanada2006-08-04 13:19:00
K-1 Fiance(e) Visa Process & ProceduresDo I even need a K1 as a Canadian?

There are many Canadians who file for AOS without I-94.... you have a B2 visa that is your evidence that you entered the country legally.... go get married and file ASAP and get your AP and then you are all set for your plans...

Good Luck

Kezzie

I just checked my passport and the last stamp there is from January (my previous trip). I last entered the country in April, so they didn't even stamp my passport then. I am sure that it is all in their system, but am I allowed to file for AOS and AP (can I file these simultaneously?) without any documentary evidency of my B2 status?

P.S.
Kezzie, just in case it's not already obvious, you just made my day and, for that matter, my year! :thumbs:
am1996Not TellingCanada2006-08-04 13:13:00
K-1 Fiance(e) Visa Process & ProceduresDo I even need a K1 as a Canadian?

if you were filing for AOS now you would have your AP by the end of the year.... check the timeline data most people receive it with 60 -90 days..... you still have 4 months until the end of the year...

Think I would take that risk before I would risk what you are hoping to do...

Kezzie

Ok, that sounds like a great solution! I thought that in order for me to file an AOS and an AP application I had to prove that I entered the country legally, which requires an I-94. Canadians do not receive I-94's, however. If I request it now, it'll take 2 months for it to arrive, which, of course would be a problem. Is it possible for us to somehow do it without I-94?
am1996Not TellingCanada2006-08-04 12:52:00
K-1 Fiance(e) Visa Process & ProceduresDo I even need a K1 as a Canadian?

Where was it suggested that you immigrate to Canada?

Please see Kathryn's post above.

You can't get AP/LPR if you are not already married! Please read carefully.

I realize that. We can get legally married in the US tomorrow, if it would help us get the AP/LPR before the end of the year (the wedding is scheduled for the second week of January). My undderstanding is that it would be possible for us to get AP before the end of the year but that it was also extremely possible that it wouldn't happen by then. We can't proceed under such uncertain terms :(
am1996Not TellingCanada2006-08-04 12:33:00
K-1 Fiance(e) Visa Process & ProceduresDo I even need a K1 as a Canadian?
Zyggy brought up a great number of fantastic points and a wealth of his own experience as a former border patrol officer and for that, I am extremely grateful to him. I mentioned some of the issues that I saw in his posts not to offend him but to rather highlight the fact that the law is different, so that I'd have to be VERY VERY unlucky to have to deal with those issues.

Once again, we have not decided on any particular course of action and are still gathering information. We are not now, do not intend to and will NOT in fact be violating any immigration laws, so even in the worst case scenario there will NOT be any detention centers in our future (my fiance has already checked into all that).

Immigrating to Canada over something like this is just not an option. First, my fiance is a corporate lawyer with one of the largest law firms in the country and he can't nor does he have any desire to practice law in Canada (I wouldn't actually mind moving to Canada with him, but it's not an option for him). Second, if we do come to a conclusion that our strategy is unreasonably and unacceptably risky, we will just go with one of the alternative options that we don't like but that presents absolutely no risk to us.

As an aside, I completely understand that to many readers of this thread it sounds like I am being stubborn and reckless when I say that I reluctant to postpone/change our current plans. Once again, we will change if but only if the facts cause us to think that any other choice is unreasonably risky and we simply don't have sufficient information to determine that at this point. One of the reasons that our plans right now are more or less set is because (i) if we get legally married in the US before the end of the year, for tax law purposes we will be deemed to have been married for the entire year, which will save us thousands of dollars in income taxes, (ii) the Caribbean location is anything but random, so we can't just move it to a US territory and (iii) the timing, while a bit more flexible than (i) and (ii), is still fairly rigid, so it'd be very difficult to postpone it by several months.

By the way, even if we were to find a way to somehow to postpone the trip, I have been told that an AP/LPR petition can take up to a year to get approved (and in some cases it can even take longer) so we essentially would have no way of knowing when it would be safe to schedule the wedding, unless we wanted to do it in 2 years or something similarly insane. Is this correct?
am1996Not TellingCanada2006-08-04 12:17:00
K-1 Fiance(e) Visa Process & ProceduresDo I even need a K1 as a Canadian?

Like in every walk of life, if you start telling someone how to do their job, whether that someone be a baker, banker, customer service rep, doctor, lawyer OR CBP you will be met with resistance. Do not think that these people do not have the power to send you home to Canada or worse - put a big fat ban on you which could complicate things even more.

I couldn't agree with you more.

The fact is - you have a realitively simple case - you are already in the US legally - don't have to worry about being separated like most of us do, and yet are still (to my understanding) trying to jeopardize this - for what - a wedding on a beach? Postpone the beach!!! Trust me, it will be there in 6 months! If you file now, you may even be able to be there by March Break! You will also be jeopardizing your internship.

In order for us to make an educated risk vs. reward decision, we have to know and understand the amount risk that we are taking on. There is a certain amount of risk associated with everything you do in life and especially when you deal with border crossings. The mere existence of such risk is not and should not be enough to deter people from abandoning their daily routines and living in a shell for the rest of their lives.

In our case, with all due respect to the posters who I know are just trying to help, I've received a number of unquestionably incorrect responses that indicated (i) that your "overall" immigration intent is what's evaluated at the border (that's wrong; it's your specific intent during the stay in question that's tested), (ii) that I am already in violation of immigration laws because I have not been contributing to my fiance's mortgage and utilities (no only is there no law that requires me to do that but by that standard all visitors would be presumed to have immigration intent unless they intended to pay their share of such charges to their relatives), (iii) that I am required to obtain a K visa to legally proceed with my permanent residency petition (since I am on a valid B2 status here, I am not required to leave the country or to obtain any other visas/waivers to obtain an EAD and conditional permanent residency), etc... The reason I say all this is not to offend any of the posters (to the contrary, I VERY MUCH appreciate their input) but to explain the reason that I have been and will continue to drill down into the specifics, so that I can be assured that I am aware of all my options and that the information that I have is solid.

Further, as a Canadian, while I am still generally subject to the same laws as all other foreign nationals (with the notable exceptions of a number of treaties that greatly expand some of the rights afforded to us), when it comes to a number of situations, my ACTUAL burden of proof is quite a bit lower than it is with other foreign nationals. As with everything else, there are quite a few exceptions to the rule but, from what I know right now, the odds are that my approach should work.

The reason that we want to consult with a immigration lawyer is to get him, in light of his 30 year immigration law experience, to quantify the risk to us and to possibly come up with an alternative strategy that would reduce the risk. For instance, we'd like to know whether there is any way to expedite our AOS or AP petition (for instance, for I believe $1000, it is possible to expedite H1B petitions), obtain a special permission to leave and come back into the country (not necessarily for the wedding but for other reasons) or just go about the process in a whole different way that we just haven't considered. If he of course tells that that there are no viable alternatives and that our intended course of action would subject us to an unreasonably and unacceptably high probability of being denied entry into the US after the Carribean trip, then that'll be our answer. I very much doubt that it'll be quite so unequivocal, however.

If any of the readers of this thread have any such thoughts about alternative strategies that may allow us to reduce/minimize/eliminate the risk associated with our current strategy, please let us know.

Edited by am1996, 04 August 2006 - 11:49 AM.

am1996Not TellingCanada2006-08-04 11:44:00
K-1 Fiance(e) Visa Process & ProceduresDo I even need a K1 as a Canadian?

That's all fine and good... but be aware of this...

When one is applying entrance to the USA, you leave your legal rights at the door. The INA allws the CBP officer to be judge, jury and executioner when determining who is permitted in the US and who is not. All the case citations and legalese that you apply at the border is not going to amount to a hill of beans. If the CBP doesn't want you in, they're not going to let you in and there is no one to get or force them to change their decision.

With all due respect, this is incorrect. You certainly have a number of legal rights that are clearly defined in the statutes as well as in case law. If you specific situation is governed by one of these, the border patrol officers are given no discretion in the matter and the officers' desire to take law into their own hands can have rather severe consequences for them.

It is certainly true, however, that many situations fall in the gray area and, consequently, border patrol officers are given REASONABLE discretion under the law to make a number of important decisions. Once again, the discretion than they have under the law that we are aware of is "reasonable" rather than "sole and absolute," which has a number of important legal implications for them as well as for us. In the event that they are deemed to have abused their discretion, the consequences for them can be quite severe.

Yes, it is certainly always possible to run across a border patrol officer who thinks that all the case citations and statutory authority are a "hill of beans" or less. It is just as possible to be pulled over by a police officer who thinks that all your consitutional rights don't amount to much more than that. In either case, you will be in a boatload of trouble and all the subsequent disciplinary actions levied against the officers and/or potential civil rights lawsuits against them won't reverse the grief that they'll end up giving you. I happen to believe, however, and my experience tells me that the vast majority of the people out there, including border patrol and police officers, are decent people who really want to do the right thing. So, all I can do is make sure that my approach is fundamentally legal and sound (which is the reason that I posted here in the first place and will also double check with a lawyer on this). If that's the case, all I can do is hope that I don't happen to run into a rogue border patrol or a police officer or, for that matter, any other law enforcement officer who doesn't care about the law.
am1996Not TellingCanada2006-08-04 10:05:00
K-1 Fiance(e) Visa Process & ProceduresDo I even need a K1 as a Canadian?
Thank you all once again for all the incredibly helpful posts. My fiance (who is a corporate attorney but knows very little about immigration law) and I discussed all the responses in this thread last night and he reviewed a number of applicable statutes to put it all in the proper context. We still believe that our approach (which involves truthfully and honestly responding to all the questions asked by border patrol and, if necessary, providing case and statutory citations for our position) is sound and legal but the posts in this thread have raised a number of practical realities/possibilities that, while remote, are still quite unnerving.

We have therefore scheduled a consulation with one of the top immigration lawyers in the city (we are not happy about his hourly rate but my fiance says that it's better to pay it than to try to save money by going to an inexperienced lawyer) whom we've used in the past to see what he thinks about our approach. We'll make the final decision after the consultation.
am1996Not TellingCanada2006-08-04 09:23:00
K-1 Fiance(e) Visa Process & ProceduresDo I even need a K1 as a Canadian?

What you seem to be missing is that when your status changes, and while you might not think that is a big deal in your coming and going, those changes make a big difference to the person assessing you at the POE. A married person by the nature of marriage will automatically be deemed to be trying to live with their spouse and so every visit you make across that border will have that connotation tied to it. Yes, Virginia, it's possible for a spouse to visit while they're in process of a visa (K3 or CR1/IR1) but you can bet dollars to doughnuts that a spouse trying to visit without having a visa in process will be viewed as a high risk to immigrate without proper documentation.

So say you marry your sweetie and leave for the Caribbean. At the POE coming back you inform them you're married and that you're just going back to the US for a bit. Then you're going to Canada. They're going to wonder if you truly intend that. The burden of proof is then on you to prove. From the 'strong ties' you've described here you've been told by a former CBP officer that they wouldn't let you into the US. It's been suggested that if you have other strong ties you haven't mentioned you *might* be okay. That's a gamble and risk you take. Heck, you may get away with it, if you have a sympathetic CBP officer and what you say/do convinces them.

This makes TOTAL sense. Thank you very much for your perspective. It is entirely too easy to convince yourself that your approach is sound (especially when it makes logical sense, at least to me), which is the reason that the replies on this board have been absolutely invaluable. Hearing the potential counterarguments and in the process discovering various weaknesses in them is the best way I know of to decide on a particular course of action, so I very much appreciate all the posts (and especially your post above, which makes PERFECT sense to me).


There is a person on this site who had an overstay from Canada to the US and is now several YEARS trying to file the appropriate waivers and such to get back to live with her husband.

Would you mind sending me a link to that thread? I searched and couldn't find it. I'm sure it'd be quite educational as well.

I'm not saying these things can't be done, but read around the board at some of the various situations...even what might be reasonable to you and I becomes a huge mess. Just be aware of what *might* happen and weigh that against how you proceed. (Which it sounds like you're doing anyway...)

Yep, exactly. Thanks again!
am1996Not TellingCanada2006-08-03 18:28:00
K-1 Fiance(e) Visa Process & ProceduresDo I even need a K1 as a Canadian?

You may be able to visit the country while your "K" visa is pending, if you can prove that you have no intention of staying as you need to be in Canada to get your "K". Personally I'm a little suspicious of this, but if others have done it fair enough.

With all due respect, the fact that a K visa application is pending does NOT appear to be an entry requirement. What appears to be the crucial question is the person's intent during the specific trip in question. If the person intends to come back to the home country, a B2 visa will be granted.

The pendency of the K visa simply affirms the fact that the person is already going through the proper immigration channels to obtain his/her LPR, so that he/she would have no reason to jeopardize the process by remaining in the country while on the B2 visa. I believe that I would be able to demonstrate the same intent after the Caribbean trip, so it appears that being granted a B2 visa, while certainly not a foregone conclusion, would be possible and even probable.


Laurel Scott, an immigration attorney, has free chats on Wednesdays at 11am CST for "quick questions." So if you're not satisfied with the responses you're getting here and you can boil your confusion down to a few questions, maybe try that. ;)

Thank you VERY MUCH! Although it may not sound like it, I actually am quite happy with the replies here (even the cautionary ones) but chatting with her certainly won't hurt.
am1996Not TellingCanada2006-08-03 18:09:00
K-1 Fiance(e) Visa Process & ProceduresDo I even need a K1 as a Canadian?

The fact someone is engaged evidences immigration intent. Filing for a non-immigrant (K1) visa establishes equal intent to follow the USCIS rules for legal entry into the country. Disclosing both to a CBP officer would be weighed together.

This is precisely what I've been trying to determine. Throughout this thread I've been told that since your overall intent is to immigrate to the US, you will not be allowed to enter on a B2. All my replies have asked whether the intent that is at issue is the "overall" intent or the intent that you have during the trip in question.

While your K1 or K3 application is pending, you certainly have the "overall" intent to immigrate to the US, which did not prevent all the posters in the links above from entering the country. According to those links, since the posters had the intent to return to their home countries after the specific trips in question, they were granted the B2 status for the trips. Assuming that I fully disclose all the facts and circumstances to border patrol, as I fully intend to do, it sounds like I should be also qualify for the B2 status after I return from the Caribbean -- this assumes, of course, that I would be able to conclusively demonstrate my ties to Canada, my intent to return there and my willingness and ability to go through the establishes immigration procedures to eventually obtain my LPR. What's wrong with this analysis?

Basically correct - it is certainly not illegal to enter the US while a CR1/K3 is pending. Whether you are allowed entry by the CBP officer is another question, and that's where the evidence of ties to your homeland comes in. If you do attempt this, make sure you have a strong package of proof.

Thank you very much. This is what I was trying to confirm. I certainly understand that border patrol officers have the discretion to admit or deny entry and that some people in my situation have been turned away in the past. What I was and still am trying to confirm is that my basic approach is sound. As long as that's the case, since I cannot do anything about the particular border patrol people I may run into, I just have to trust them and hope that they are knowledgeable and understand the situation. I am comfortable with doing that as long as my general approach makes sense.

Edited by am1996, 03 August 2006 - 05:57 PM.

am1996Not TellingCanada2006-08-03 17:57:00
K-1 Fiance(e) Visa Process & ProceduresDo I even need a K1 as a Canadian?

I see you're ignoring my question! I'll ask again - do you intend to apply for a K visa?

I am not ignoring your question. Answering it requires me to understand the law and my options, which at this point I do not. In other words, it certainly appears that if I get married in the US prior to my Carribean trip, I may be required to apply for a K3 visa, which would not be a problem. The above links seem to indicate, however, that I would still be allowed to enter the US to visit my husband while the K3 application was pending as long as I fully intended to go back to Canada, which is exactly what we want to to happen.

Once again, for our purposes it makes no difference whether I eventually receive my EAD and LPR through a K3 or through an AOS application that I would file while I am here on B2. The key is being able to leave and return to the US while the applications are pending, which, according to the links above, is certainly possible, legal and is done all the time.

Edited by am1996, 03 August 2006 - 05:40 PM.

am1996Not TellingCanada2006-08-03 17:38:00
K-1 Fiance(e) Visa Process & ProceduresDo I even need a K1 as a Canadian?

Because they are not married yet...... and they have evidence of strong ties to Canada....

Kezzie

I have evidence of strong ties to Canada, so that's not a problem. Also, ties to Canada are necessary to establish your non-immigration intent, correct? Doesn't the fact that they are engaged evidences their obvious immigration intent? I am not sure that I see the difference between that and my situation.
am1996Not TellingCanada2006-08-03 17:10:00
K-1 Fiance(e) Visa Process & ProceduresDo I even need a K1 as a Canadian?

This is a slightly different question. It is not illegal to visit the USA while a K1 is being processed, provided one can demonstrate strong ties to their homeland: a job, property, that sort of thing. Note that people have been denied entry under these circumstances.

Once you are married to a USC (as you will be) the whole balance of assumptions shifts against you - and remember that you need to prove a lack of immigrant intent - they don't have to prove that you have it.

Makes total sense. Please take a look at this then: http://www.visajourn...amp;hl=canadian

Edited by am1996, 03 August 2006 - 05:08 PM.

am1996Not TellingCanada2006-08-03 17:07:00
K-1 Fiance(e) Visa Process & ProceduresDo I even need a K1 as a Canadian?
Ok, please take a look at the following thread on this forum. Why aren't they having trouble with the "immigration intent"? http://www.visajourn...showtopic=24989
am1996Not TellingCanada2006-08-03 16:54:00