ForumTitleContentMemberSexCountryDate/Time
K-1 Fiance(e) Visa Process & ProceduresCanadian immigrating to the US via K1- do I still lose my Canadian citizenship or is it possible to attain dual citizenship?

I personally, have NZ, Australian and UK citizenship. US is next.


KiwinycFemaleUnited Kingdom2014-06-03 11:56:00
K-1 Fiance(e) Visa Process & ProceduresCan girlfriend come here then file?

I lived in Toronto for many years.  There are plenty of afforadable places to live.  One may not be able to live at 1 King West, but she can certainly find an affordable place to live.

 

Good luck

With the fact that half the city is being turned into million dollar condos right now and a housing shortage (1.6 people looking for rental spaces for every 1 rental space available) rents have skyrocketed in Toronto.  I currently pay 375/mo to LITERALLY live in a closet.  As in, I literally have enough room, in a windowless space, for a twin mattress and that's it--and that's sharing a 1 bedroom apartment with two other people.  If you want to spend 500/mo for an actual bedroom, you HAVE to have a transit pass--which is now 130/mo.  630/mo is not cheap, however you look at it, and you're looking at a 45 minute commute bare minimum to the downtown--where the jobs are.  And with Rob Ford still in power, the bloody transit delays and costs won't improve anytime soon.  I've known several people who have lost jobs because transit is getting so horrible.

 

As for the OP?

Hi.  I'm a Torontonian lady with a partner in TX--her parents live in Georgia, though!  We just got married so that we can bypass the uncertainty of it being illegal for me to find work while the adjustment of status from K-1 to greencard happens.  We're applying in the next couple of weeks.  It takes longer, yes, but imo, it's worth it if she can find ANYWHERE to live.  It won't be cheap, but it costs way less than K-1 and AOS for us to do it this way and I won't lose months of wages.  You have to look at the super longterm.  I dunno if that's helpful, but if it is, it's worth thinking about.


Not a TailorNot TellingCanada2014-03-25 16:06:00
K-1 Fiance(e) Visa Process & ProceduresNeed employment, or money saved okay?

 

Actually it is only 3 times the amount for fiances and spouses.  So for a household of 2 its about 60,000 needed.  Still a lot though.

 

From:  http://www.uscis.gov.../i-864instr.pdf

 

In order to qualify based on the value of your assets, the total value of your assets must equal at least five times the difference between your total household income and the current poverty guidelines for your household size. However, if you are a U.S. citizen and you are sponsoring your spouse or minor child, the total value of your assets must only be equal to at least three times the difference.
 
Fiances also follow this guideline, they are considered like a spouse. 

 

Oh, thanks.  I didn't know that.  I thought it didn't count until you were married.


Not a TailorNot TellingCanada2014-04-30 17:34:00
K-1 Fiance(e) Visa Process & ProceduresNeed employment, or money saved okay?

 

 

I'm not sure where you got this. The "5 times 125% the poverty level"..are you saying this is specific for people who are just using savings? Because here http://www.uscis.gov...form/i-864p.pdf states the guidelines & you are way off. You just use your household size (this includes the beneficiary, petitioner, any dependents &/ others living in the house count towards this number).

I was under the impression that if you're using assets, you must have five times the guideline.  I may have botched the math, but if you are going to sponsor your fiancé and have no dependents, your family size is 2 people.  If you live in the 48 contiguous, you're looking at 19 662 dollars, assuming that you are not active duty military.  But using assets, unless you are already married to the person, you must multiply that 19 662 by five.  Which, if I'm not messing up the math, gives you 98 310 dollars in accessible assets.  If you were married to the beneficiary already, then I believe it is three times the guideline.

If you're using ongoing employment, you use the guideline itself and must be making at least that amount as your annual income.


Not a TailorNot TellingCanada2014-04-30 17:12:00
K-1 Fiance(e) Visa Process & ProceduresNeed employment, or money saved okay?

I think it depends at least some on the consulate or embassy that you're dealing with, but know that you need to have 5 times (pretty sure) 125% the poverty level for your family size.  So if it's just you and your fiancée, you'll need 98 310 US dollars, bare minimum, in easily accessible assets.  Otherwise, some consulates and embassies allow cosponsors.


Not a TailorNot TellingCanada2014-04-30 16:31:00
K-1 Fiance(e) Visa Process & ProceduresHas Anyone Entered US With Opened Envelope?

Ah, sorry, it was a gate employee.  I found the thread.  http://www.visajourn...rport-in-accra/


Not a TailorNot TellingCanada2014-05-17 17:32:00
K-1 Fiance(e) Visa Process & ProceduresHas Anyone Entered US With Opened Envelope?

 

That is so weird. Did they think there was a bomb inside it or something? I didn't see that thread.

I wish I'd posted in it or marked it to keep it.  It was about a month or so ago, maybe six weeks.  It was the strangest thing ever.  Apparently the airline was under the impression that they were the ones required to open the envelope and insisted the man give it over.  The man argued with them, they said they weren't going to let him on the plane.  He started calling his partner (can't remember if it was a wife or fiancée) to figure out what to do.  There was frantic calling around and the airline and the POE communicated.  I'm going to go see if I can find it, because it was a really fascinating clusterf###.


Not a TailorNot TellingCanada2014-05-17 17:11:00
K-1 Fiance(e) Visa Process & ProceduresHas Anyone Entered US With Opened Envelope?

There actually was a case on this board not too long ago.  The person in question was forced to let the airline staff open the envelope when boarding the plane or they wouldn't let him on.  There was a lot of frantic calling ahead to POE and so on and I believe that POE allowed the airline staff to reseal the envelope and things went okay, but it was VERY extenuating circumstances and there was a lot of franticness involved.


Not a TailorNot TellingCanada2014-05-17 12:52:00
K-1 Fiance(e) Visa Process & ProceduresWedding in April 1st NOA recieved yesterday

The last thing I want to see is my wife upset, but that's what I'm going to see when I get on the plane at the end of our next visit to fly back to my country.  But that's still not grounds for an expedite.  You are literally asking to butt in line for your convenience.  You are asking that every other person in the world waiting for your visa type to wait a little bit extra just so you can have what you want and that's not fair.  You are being very entitled.

Your friends and family may be able to rebook flights and hotels will often rebook accommodations.  
 


You are being unfair.

And if you carry out that plan and get caught?  With a marriage ceremony in existence even without a certificate?  Your K-1 can be denied.  And you won't get to appeal.  And then you'll have to start all. over. again.  USCIS and NVC and Embassy have all been known to look at social media.  All it takes is one picture of you in a church in wedding clothes and your K-1 is denied because you're already married.


Not a TailorNot TellingCanada2014-05-28 17:38:00
K-1 Fiance(e) Visa Process & ProceduresWedding in April 1st NOA recieved yesterday

In all honesty, this is not grounds for an expedite.  Think of it this way: Every person on this board (and we are only a tiny cross section of the people trying to go be with our loved ones) has reasons that they want to go faster through the process.  

The fact that you planned your wedding without getting the visa ready on time means that you want to jump to the front of the line for reasons of poor personal planning.

The wedding isn't until November.  That's lots of time to talk to vendors and pick a new date.  Pick up the phone and don't call USCIS, talk to your vendors and venue about moving the wedding, now, rather than later, when you are less likely to incur penalties.  Look at current trends for how long it's going to take, then tack at least four months onto that for delays.  Remember: You have six months in which to activate your visa, then 90 days in which to marry.  That's essentially 9 months after visa issuance in which to get married.  So delay the wedding and announce the delay now, not later, and don't try to jump the line.




Not a TailorNot TellingCanada2014-05-28 17:09:00
K-1 Fiance(e) Visa Process & ProceduresBank Statement/letter
So what banks has everyone been using for a joint bank account? My wife is from China....
Mark&GinaWMaleChina2014-08-18 12:06:00
K-1 Fiance(e) Visa Process & ProceduresK1 visa fee

It is $340, i sent my application and payment about 2 weeks ago. U.S. immigration fees NEVER goes down!! Just search for fees at the uscis.gov page.


Disregard this post. I was refering to the I-129F Petition fee
Ayisi&PhyllisFemaleGhana2014-07-15 19:55:00
K-1 Fiance(e) Visa Process & ProceduresK1 visa fee
Communication is such a powerful tool. Not everyone has mastery of that tool :)
Ayisi&PhyllisFemaleGhana2014-07-15 19:51:00
K-1 Fiance(e) Visa Process & ProceduresK1 visa fee
oopsie!
My apologies for the misinformation.
Anyways, thanks for the correct but please don't talk down to me and school me. I've had enough of schooling, all you needed to do Miss or Mr KayDeeCee was just to correct my misinformation and not talk down to me. By "application" , i was "implying" PETITION.
Goodnight, y'all :)



Ayisi&PhyllisFemaleGhana2014-07-15 19:26:00
K-1 Fiance(e) Visa Process & ProceduresK1 visa fee

 
You seem to be confused about some things, and you are incorrect about the fees never going down.
 
You did not send an application for anything. You sent in the I-129F petition. The filing fee for the petition is $340. That is separate from the visa processing fee that is paid when the foreign fiance(e) applies for the K-1 visa at the consulate in their country, and is $240. That is what this topic is about. The fee most certainly did go down. As I posted above, the fee changed from $350 to $240 on April 13, 2012. See this link > http://www.state.gov...2/03/187114.htm
 
And I do agree that people should look up the current fees for things. Here are the current visa processing fees > http://travel.state....a-services.html
 
Also, the I-129F petition filing fee used to be $455, and is now currently $340. It was decreased on Nov. 23, 2010. > http://www.workpermi...crease-fees.htm
 
Current I-129F filing fee > http://www.uscis.gov/i-129f









Ayisi&PhyllisFemaleGhana2014-07-15 19:21:00
K-1 Fiance(e) Visa Process & ProceduresK1 visa fee
It is $340, i sent my application and payment about 2 weeks ago. U.S. immigration fees NEVER goes down!! Just search for fees at the uscis.gov page.
Ayisi&PhyllisFemaleGhana2014-07-15 18:08:00
K-1 Fiance(e) Visa Process & ProceduresCan i fill the DS-160 for my fiancé?

Thanks, y'all...

I feel like I will several boxes of tissues when my fiance gets his visa 


Ayisi&PhyllisFemaleGhana2014-07-21 13:29:00
K-1 Fiance(e) Visa Process & ProceduresCan i fill the DS-160 for my fiancé?
Howdy y'all,
I just started this whole process from scratch. I have received NOA1,
When can the DS-160 application be filled?
Can i fill it on behalf of my fiancé? (I just wanna fill it :)
But could I do so?
What is the next step to this immigration process?
Thanks y'all






Ayisi&PhyllisFemaleGhana2014-07-15 20:02:00
K-1 Fiance(e) Visa Process & ProceduresCost breakdown
Dont forget to add your extra expenses also. Like the mailing, passport pictures, cost of money order (if you bought one), etc..
Ayisi&PhyllisFemaleGhana2014-07-23 16:00:00
K-1 Fiance(e) Visa Process & ProceduresVisiting while k(1) visa is processing...
Like everyone has said, she may not get a tourist visa due to the fact that she has no "strong ties" back home to make her return.
But for the K-1 process, some people are saying that it wouldn't affect it while othera think it might.
I see both sides,
It could be affected;
Like delay since new adjustment to your petition info, remember where you have to answer date and time your beneficiary jas been in the USA? You may have to submit extra documentation which means, more time needed to process it.

Unaffected;
The process could go on without your physical presence in your home country but
you may have to return for the interview .
Even though it might seem easy to transfer your case to where you will be staying, time works slower in immigration process.

Honestly, I would say that just go and visit her. It is easier that way.











Ayisi&PhyllisFemaleGhana2014-07-28 12:38:00
K-1 Fiance(e) Visa Process & ProceduresRequirement of a K-1 for civil marriage
Thanks for the info..it never occurred to me to even ask about that.
I will jot this down when my fiancé joins me.

Ayisi&PhyllisFemaleGhana2014-07-28 12:23:00
K-1 Fiance(e) Visa Process & Proceduresfull time college student full time job yet i recieve food stamps
Read the document onvthis link below

http://www.uscis.gov...fidavit-support


Ayisi&PhyllisFemaleGhana2014-07-28 12:10:00
K-1 Fiance(e) Visa Process & Proceduresfull time college student full time job yet i recieve food stamps
I believe the main point of affidavit of support is to show that the beneficiary will not become a financial "burden" to the state.
In the state of Texas, your income (*I think in the bank after your bills, i stand corrected) should be $150 so in technical sense, you could not "really" qualify unless you have other circumstances and esp. with kids too would make you eligible. So, in the "eyes" of the govt, you can't support yourself so you WONT be able to should your tax info to support your beneficiary.Therefore, you will need a co sponsor.
So, if I were you, I would get off foodstamps because that will be a warning to your co sponsor that he or she may be on the hook should your beneficiary get on foodstamps.
In some cases, the govt could "garnish" wages or withhold tax refund of a co sponsor to pay off your beneficiary getting on govt assistance. . (I've heard about stories of that sort)..
**I totally stand corrected on the claims I have made here if anyone has a verifiable info to contradict mine..




Ayisi&PhyllisFemaleGhana2014-07-28 12:03:00
K-1 Fiance(e) Visa Process & Proceduresmy visa Help!!!!!!!

 
I read the bolded part of the quoted post and thought it warranted some clarification, since many people reading the posts on these forums take every word to heart. Very few people who apply for the K-1 visa get denied. Requests for additional evidence or extra steps, yes, but not a flat-out denial. The vast majority in the end either end up getting the K-1 or petitioning for a different type of visa to bring their significant other to the US.
 
Waiting months on end is hard enough. No need to make people more pessimistic than is necessary :)



Thanks for bringing that to my attention. But I personally believe that 'warning signs could have been any color but red'..
If even 10 out 1000 applicants get denied, do you think those 10 people don't count?
I wouldn't wanna be one of those "few" people that get denied visa and I think OP wouldn't either.
It is better to be warned and prepare yourself than to scrumble at the last minute.
I witnessed a man get denied visa at the consulate in Accra, Ghana on the basis that he and his petitioner (his fiancée) looked alike so they could possibly be related by blood.
I totally appreciate your concern but like I have explained with examples above, we have different approach to issues and that's my way..Unfortunately, unapologetic.






Ayisi&PhyllisFemaleGhana2014-07-28 13:30:00
K-1 Fiance(e) Visa Process & Proceduresmy visa Help!!!!!!!
Sammie,
I feel your pain. Lawyers will say anything to get paid.
FIRE that lawyer now!!
Things have been working out but you should know that VISA is not guaranteed despites everything going on smoothly till this point. Lots of people have dots the I s and crossed Ts but got denied.
So scheduling your wedding is huge and risjy mistake. I would suggest your reschedule to give yourself enough time for the unpredictable.
But I hope you get the visa soon!
Good luck






Ayisi&PhyllisFemaleGhana2014-07-28 12:20:00
K-1 Fiance(e) Visa Process & ProceduresAffidavit of Support
Get a second job asap....dont put your friend in an awkward situation by asking him or her to co sponsor, if your family wont do it...Finding a second job is the best option.
Ayisi&PhyllisFemaleGhana2014-07-30 11:24:00
K-1 Fiance(e) Visa Process & ProceduresAsking for a friend
Jan22 and AudreyND are all correct.
Don't snitch up on yourself if you didnt report that on your taxes unless you will amend your taxes for last year..'law of clean hands' vaguely applies here..good luck

Ayisi&PhyllisFemaleGhana2014-08-04 22:44:00
K-1 Fiance(e) Visa Process & ProceduresFiance Letter of Intent
You will your beneficiary to sign it and 2 passport pictures also so why not mail it to your beneficiary asap? It's better to get everything right the first time than to go around in circles
Ayisi&PhyllisFemaleGhana2014-07-30 11:29:00
K-1 Fiance(e) Visa Process & ProceduresFederal aid and financial support
I applaud your courage to share all the extra detail.
But let me sound a caution here.
Could you wait a just a little bit for your mum or your family to find some stability first before you bring your fiance over?
Maybe I worry too much but I was so worried about my finances and how it would impact my fiancé that I postponed this K-1 petition until I found a good job. (Not the best in pay but we both can survive on my salary). Money has such a powerful force over human relationships that I dont it to be "in charge" of my relationship.
In short, all I want to point out is try all options available to you but don't forget to think about how your financial situation could affect your relationship with your fiance and your family also. Find out your mum's opinion. Then discuss with your fiancé.
I pray things look up and everything works out.





Ayisi&PhyllisFemaleGhana2014-09-17 21:27:00
K-1 Fiance(e) Visa Process & ProceduresTranslations needed for embassy interview?
QUOTE (mich08 @ Oct 17 2008, 05:11 PM) <{POST_SNAPBACK}>
Hey guys, now that we've got our NOA2 I'm thinking ahead to what's needed at the interview....I've looked through the embassy requirements for Buenos Aires, where my fiance will have his interview and of course he'll need the Police Certificates and for one of the DS forms he has to present his Birth Certificate as well. I'm sure this is standard knowledge to everyone. However, it DOESN'T say on this visajourney (at least not where I was looking) that these forms must be accompanied by an English translation, though on the NVC website it says that all documents in a foreign language must be translated into English when presented at the embassy interview. Can anyone WITH EXPERIENCE (I can speculate as well as anyone out there) tell me if I need to obtain translations of these documents from Spanish to English? Or do I just need translations for further proceedings once he arrives in the States? Thanks for any info...


No translation needed at the embassy level. Documents presented to the embassy can be in Spanish or English, NOT needing translation. If the documents are in a 3rd (other) language, then yes, you will need them translated.
You will need the translation of the birth certificate for AOS, which you can do yourself (does not need to be an official translation)

Good luck! good.gif

Saludos,
Caro
JVKn'CVOFemaleArgentina2008-10-20 06:54:00
K-1 Fiance(e) Visa Process & ProceduresShould I Report a Scam Artist to INS?
QUOTE (tallcoolone @ Nov 6 2008, 04:31 AM) <{POST_SNAPBACK}>
BoyScout74:

Let me make a suggestion:

Don't meet people on-line, the Internet has become a breeding ground for scammers.

Book a trip to Philippines, it will change your outlook on life.

So many beautiful woman there , and the people in general are very friendly and happy.

For me it was refreshing to look at a crowd and see the woman all with coke bottle figures.

Good Luck


*Sigh* wacko.gif

Saludos,
Caro
JVKn'CVOFemaleArgentina2008-11-06 08:10:00
K-1 Fiance(e) Visa Process & ProceduresArgentine and US couple HELP!!!
Hi Venture_girl8
Please start by reading the guides to find the best option for you two

Marriage Based Immigration Choices

Regarding using a visitors visa:
Do many people get away with this? Yes
Is it the right thing to do? no, it's actually against the law to use a visitor visa with an immigrant intent. Don't risk it! do things the right way, it pays off star_smile.gif

Good Luck!
Caro
JVKn'CVOFemaleArgentina2009-02-13 16:33:00
K-1 Fiance(e) Visa Process & ProceduresWaiting for an interview for too long?
Tom,
Try to schedule an infopass appointment to get a little more information about what is going on. Everything sounds so tangled up, more information would definitely help you sort through this.

Saludos,
Caro
JVKn'CVOFemaleArgentina2009-02-17 13:42:00
K-1 Fiance(e) Visa Process & Procedurespackage 3 - evidence
QUOTE (nika_ar @ Mar 9 2009, 06:04 PM) <{POST_SNAPBACK}>
Hello everyone, this is my first post here and i have questions about package 3, actually i have questions for evidence only


Evidence
I feel dumb ... we mailed all original when we first applied for a K1 visa, we have photocopies all of this but, since his last visit in February 2008 we dont have nothing but emails i sent to his cellphone, his cellphone replys, messenger logs ... thats it ... no new pictures, no new plane tickets, we wanted my trip into the USA to be our next meeting
- is this a problem? please someone tell me your experience about this issue


I dont think i can take any bad news, i am having a hard time collecting the rest of document needed for the visa in my country (Argentina) im having nightmares about what could go wrong.

Oh, here is my next questions ... is there any document i need to bring with me to the US?, please tell me now, requesting anything once im there will be hell ... one birth certificate translated and with "la haya" seal to get marry?, is there anything else???


thank you in advance to any reply!


1) I would send the copies of the evidence you submitted with the I-129, and whatever new evidence you have. What about exit/ entry stamps in your passport? Make new copies of photos to send with the packet and to bring to the interview - they like to see photos, the more, the better.
What about letters, emails and photos showing communication with the family of your fiance?

2) You won't need your birth certificate to get married, just your passport with the Visa.
Other documents you may want to bring for other purposes than to get married are: DNI, Birth certificate, school/ college transcripts, recommendation letters from your employer.

Also bring your vaccination records - and remember to request a copy of the vaccination records at your medical, otherwise they just go in the sealed envelope where you won't have access to it, and you will need it for AOS.

Good Luck! good.gif
Caro
JVKn'CVOFemaleArgentina2009-03-10 19:43:00
K-1 Fiance(e) Visa Process & ProceduresNew around here...
QUOTE (rnkew @ Mar 19 2009, 05:33 PM) <{POST_SNAPBACK}>
Thanks for all the information.
My boyfriend's 1st B2 visa attempt in Feb 2009 was rejected under Section 214(cool.gif at the Buenos Aires US Embassy.
He does have strong ties to his country. Why didn't they look at his documents?? He tried to overcome the burden of proof... he wasn't even given the opportunity to say or present anything.
Also... he never mentioned that he was going to the US for purposes of visiting his girlfriend. He left me out of the picture. He did mention that while in the US, he was going to visit his uncle, who is a US citizen. Perhaps that was a bad idea?
In the meantime, I'm visiting him as much as I can (I've been twice and have met his entire family and his friends)... but I just wondered if anyone could shed some more light for me... why is it so difficult to obtain a US visa from Argentina? What documentation, besides a letter from his boss and bank statements, can he provide?? He doesn't own any property, but all of his family (minus his uncle) live within the same few blocks in BA.
Any thoughts in regards that my parents wrote a letter to the Ambassador of the US Embassy in Argentina? They didn't say anything about our relationship, just that they would love to host him when he visits the US, as their children have had the good fortune to travel to Argentina, experience the culture, learn Spanish, etc... They did it out of love for me... because they see me happy and in love... hopefully it doesn't anger the consulate office?
Does anyone have any experiences about the BA US Embassy they can share?? Or any advice in regards to the above??
Thanks to all. I really enjoy reading about other people's situations and questions and have learned so much.


Hi,
When I applied for a B2, I presented school records, pay stubs & bank statements. Think of financial obligations: does he have a car? Does he have a credit card?
Also be honest about the purpose of your trip, but don't make a big deal about it either. In my application, under person I'd be staying with in the US, I wrote down my (then BF, now husband's) name. The CO asked me: This Justin, is he your boyfriend? I answered he's definitely more than a friend. He continued to ask about us, easily 10 times,but I didn't loose my patience. Just explained that we liked each other but were in the phase of getting to know each other too, and I got approved.
We did obey the terms of the visa, I came back to Argentina after my trip, and he continued to visit me, later got engaged and applied for a K1 visa.

More information on the Embassy's web site
BA Embassy

Good Luck,
Caro

JVKn'CVOFemaleArgentina2009-03-20 18:06:00
K-1 Fiance(e) Visa Process & ProceduresSubmitting i-129f petition while fiancee visiting in US
Thanks so much Kathryn41 for your quick response, and for the info. I appreciate it very much!!! And I will definitely keep track of my dates of entry and leaving the US. Thanks again for your help!
Team KatmanFemaleCanada2011-05-09 21:38:00
K-1 Fiance(e) Visa Process & ProceduresSubmitting i-129f petition while fiancee visiting in US
Hi everyone,

I've been visiting my boyfriend in the US for 3 months now, and we've decided to apply for the K-1 visa. Yay! :) BTW, I am so thankful for VJ... it has been a great resource for me the past few weeks as we navigate the K-1 process. I have a couple questions:

1. I just want to confirm that we can apply for the i-129f petition while I am in the US, is that correct? (I return to Canada in June.)

2. Question 12 of the i-129f petition asks for the I-94 number, and the date the I-94 will expire. As I am Canadian, and therefore did not get an I-94 when I entered the US, what do I write to answer those questions? 'N/A' for the I-94 number, and the date I fly back to Canada for the date the I-94 will expire?

Thanks in advance for your guidance!!! :)
Team KatmanFemaleCanada2011-05-09 21:15:00
K-1 Fiance(e) Visa Process & ProceduresExtended visits in US before and during K1 process

Hi there, I believe there is a rule that you are not legally allowed to be in the US more than 50% of one calendar year, which works out to 182 days or less per year... I'm not sure exactly.

I was in the US for about about 110 days during K1 processing, and there were no problems for me! Make sure you bring proof of ties to Canada when you cross the border.



Thanks for your reply, lovetimhortons. I'm glad you didn't have any problems. I will definitely bring proof of strong ties - what I have anyways - when I cross. It's quite confusing around how much time a Canadian citizen can spend in the US as there is a lot of different info out there. On various websites I have seen what you wrote, that Canadians can only spend 180 days in the US per calendar year. But then this is what I found on the Customs and Border Protection website:

The burden of proof that the Canadian citizen is not an intended immigrant (plans to make the U.S. their primary residence) is always on the applicant. There is no set period of time Canadians must wait to reenter the U.S. after the end of their stay, but if it appears to the CBP Officer that the person applying for entry is spending more time over-all in the U.S. than in Canada, it will be up to the traveler to prove to the officer that they are not de-facto U.S. residents. One of the ways to do this is demonstrate significant ties to their home country, including proof of employment, residency, etc.

I even called CBP to ask if there is a maximum amount of time Canadians can spend in the US in a calendar year, and the woman said she couldn't answer that question and it was up to the Immigration Officer at the POE. So confusing! :wacko:
Team KatmanFemaleCanada2011-06-01 22:22:00
K-1 Fiance(e) Visa Process & ProceduresExtended visits in US before and during K1 process
Thank you both very much for your replies, I greatly appreciate it!!! Phew, I feel better now. :)
Team KatmanFemaleCanada2011-05-20 16:20:00
K-1 Fiance(e) Visa Process & ProceduresExtended visits in US before and during K1 process
Hi everyone,

Here's my brief story: I am currently in the US visiting my fiance (we submitted the I-129f a week ago while I was here and we got our NOA1 this week).

I left the US in October after working on a TN visa for 3 years and moved back to Canada. I visited my boyfriend (now fiance) here in the US for 3 weeks in December. I entered the US to visit him in mid-January with the intention of staying for a week before returning to Canada - instead, I changed the date of my return ticket and will fly home in a couple weeks (so by the time I go home I will have been in the US for 140 days this visit. I know Canadians are allowed to stay in the US for 180 days per visit). I have never overstayed a visa or have been out of status in the US, not do I intend to do so.

I would like to visit him in July for a few weeks, maybe again in September. Of course, I know it is up to the Immigration Officer at the POE whether I am allowed entry into the US, and I know I need to prove strong ties to Canada (a little hard since I live with my mum and am currently not working).

1. If I am allowed entry for those visits, can these long visits to the US before and during the K1 process affect the K1 visa decision (at the interview stage)? I don't want to do anything that will jeopardize getting the K1 visa.

2. Also, if I change the date of my return flight after I have entered the US, does that look bad to US Immigration? Again, I don't want to do anything that will jeopardize getting the K1 visa.

I would love to get people's thoughts and advice - and experiences if someone has been in my shoes. Thank you in advance! I'm so glad to be a part of the VJ community!!! :)
Team KatmanFemaleCanada2011-05-20 08:15:00