ForumTitleContentMemberSexCountryDate/Time
K-1 Fiance(e) Visa Process & ProceduresG325A
QUOTE (carvin317 @ Jun 10 2009, 11:20 PM) <{POST_SNAPBACK}>
My fiancee is filling her G325A part out and after the part where she lists her last 5 years of residence it asks last residence outside of the united states.

What does she put if she is currently living outside the USA?

Her current Canada address?

and for the dates does she put the day she moved into the house until present or what ?

Or does she leave it blank ?


Hi,

Yes, she enters her current Canadian address. For dates, she would put how long she has been residing in Canada. So for instance if she moved to Canada in 1991 - it would be 1991 to present etc.
trailmixFemaleCanada2009-06-11 08:37:00
K-1 Fiance(e) Visa Process & ProceduresImportant topic
QUOTE (tyriun_j @ May 26 2009, 01:56 AM) <{POST_SNAPBACK}>
QUOTE (trailmix @ May 25 2009, 10:43 PM) <{POST_SNAPBACK}>
There is no real limit per se, since you aren't really concerned about dollar value and duty here, you are concerned about appearance. She must appear to be visiting - since that is really what she will be doing. What is a reasonable amount of stuff to take on a holiday?

One other thing I think is worth mentioning - the whole 6 month entry thing for Canadians - that can change. If the border officer has any reason to believe that she is going to 'live' in the U.S. he might just decide to only issue her a set stay - two weeks, a month - it's up to them.

She has no job, no residence, no financial ties. I honestly can't think of what proof she could show. I mean she is obviously free to go and live in the U.S. for 6 months (responsibility wise) - so, I can't think of anything, maybe someone else will have some ideas for you.


Here is what my fiance has so far:
Active bank statements
Student loans ( has them in paper form )
Whole I-129F Packet ( A copy of at least )

With her not being on a lease or having any utilities in her name, it makes it difficult. Would a written letter from her mom saying she is staying with them in Canada or something of the sort work?


Can't hurt to have her Mom write a letter stating where your fiancee is living and that she is expected back. The bank statement and student loans probably are not helpful - but certainly won't hurt - the I-129 packet - have you filed it yet? If you had actually filed it, that would be helpful, if not - then not so helpful.

I have really just given you a brief scenario of things that can happen at the border, just so you are prepared. That is not to say that any of those things will happen. They may just wave her through.

At least if you are not taking lots of her stuff (and you are truthful), then if she gets turned back you haven't really lost anything, lots of people get turned back and this does not affect their visa application.

Edited by trailmix, 26 May 2009 - 08:44 AM.

trailmixFemaleCanada2009-05-26 08:41:00
K-1 Fiance(e) Visa Process & ProceduresImportant topic
There is no real limit per se, since you aren't really concerned about dollar value and duty here, you are concerned about appearance. She must appear to be visiting - since that is really what she will be doing. What is a reasonable amount of stuff to take on a holiday?

One other thing I think is worth mentioning - the whole 6 month entry thing for Canadians - that can change. If the border officer has any reason to believe that she is going to 'live' in the U.S. he might just decide to only issue her a set stay - two weeks, a month - it's up to them.

She has no job, no residence, no financial ties. I honestly can't think of what proof she could show. I mean she is obviously free to go and live in the U.S. for 6 months (responsibility wise) - so, I can't think of anything, maybe someone else will have some ideas for you.

trailmixFemaleCanada2009-05-25 23:43:00
K-1 Fiance(e) Visa Process & ProceduresImportant topic
You may also want to check out the Canada forum here at VJ - lots of threads about Canadians who have visited while they are waiting for their visa.

You might also find this recent thread interesting.

Edited by trailmix, 25 May 2009 - 11:29 PM.

trailmixFemaleCanada2009-05-25 23:28:00
K-1 Fiance(e) Visa Process & ProceduresImportant topic
Hi there,

You have quite a few questions in your post!

No one here is going to tell you to lie to the border officer - for one thing it is against visa journey terms of service - the other thing is it is an absolutely terrible idea. The lawyers that advised it have given very poor advice. On the other hand if you get caught and your whole immigration journey gets really messy - they have just found a client! Also, if she gets caught in the lie she could well be banned from entering the country and she will also have to explain what happened at her visa interview.

Many Canadians visit their fiance(e) and spouses while they are waiting for their visa. The most important thing is to bring proof of ties to Canada. Your fiancee is obviously not going to do this - that may well be a problem.

The second thing is - she cannot import her personal items duty free until she has that visa in her hand. She can take her belongings over the border duty free with her visa and for 10 years after that - but not before. So aside from probably getting turned back if she attempts to bring a number of belongings - even if they were to let her in she may end up paying duty.

The 6 months is not in a calendar year or a rotating year - it is simply 6 months at a time. You can leave the U.S. for 1 day and turn around and go back for 6 months - however (and this is a BIG however) if it appears to the border officer that she is 'living' in the U.S., rather than visiting - they will more than likely not permit her to enter.

To be honest with you, your plan seems fraught with potential problems. I would not personally do what you are going to do. In fact before we applied for our visa we visited the consulate in Calgary and asked about this. We asked, what if we just took some of our stuff and visited to see if we even like it there or not. She smiled and said they probably won't let you in - and I am sure she was right.

Edited by trailmix, 25 May 2009 - 11:21 PM.

trailmixFemaleCanada2009-05-25 23:20:00
K-1 Fiance(e) Visa Process & ProceduresDates for Prior Canadian Common-Law Marriage
QUOTE (cwulff @ Jul 3 2009, 03:57 PM) <{POST_SNAPBACK}>
Hi there,

First post here. I'm working on my g-325a (I'm the fiancée outside the country) and one of the things I'm struggling with is the questions around former husbands and wives.

I was previously in a seven-year relationship that the government would consider a common-law marriage (and we filed taxes that way) without ever officially getting married (or divorced). So I think I should be putting her in as a former wife, but we don't have any 'real' dates to determine when we 'got married' and when we 'got divorced'.

Any thoughts on how to handle that?

Many thanks for all of your writing and sharing on here - I've found it invaluable so far.

Christopher


Hi Christopher,

I would recommend that you ignore that in terms of the paperwork. It is not a legally recognized 'marriage' in the U.S. - also you have no marriage certificate or divorce certificate to back it up.


trailmixFemaleCanada2009-07-03 18:04:00
K-1 Fiance(e) Visa Process & ProceduresBirth Certificate for interview
QUOTE (dutchmatt @ Jul 9 2009, 09:23 PM) <{POST_SNAPBACK}>
Hello,

I recently sent away for the long form version of my BC and got a certified photocopy from the province. Is this good enough for my interview?

Thanks!


Yes it is and welcome!
trailmixFemaleCanada2009-07-10 06:33:00
K-1 Fiance(e) Visa Process & ProceduresHELP PLZ!
QUOTE (Shanerz @ Jul 10 2009, 12:16 AM) <{POST_SNAPBACK}>
Okay I am new here but have done A LOT of research on this topic of marrying my American man and I am getting more and more confused!
I am from Ontario Canada. He lives in Arizona. If I go there Monday, which I am, and we get married, what happens or what has to happen when I come home in two weeks??
I know about the K-1 visa and to be honest that sounds like the fastest way for Canadians to be with their loved ones BUT what would happen if we didn't wait??
Also, is it true that when you file a K-1 visa you can still visit the U.S. while the application is in process??
my head is whirling with all of this...i know this will sound redundant tomany of you butIcould use some help please huh.gif

Thanks ahead of time...
Shane...the confused canuck! lol


Hi Shane,

Yes, you can still visit, however you will need to bring strong proof of ties to Canada when you cross the border. That can include a lease for a rental, letter from employer saying when you are coming back to work, return ticket if applicable and even a copy of your USCIS receipt if you have received it at that point.

Basically the person at the border will want to ensure that the Canadian is not going to the U.S. to live permanently (at this point) but is just going for a visit.

Once married you can apply for either a K3 or CR1 visa.

Edited by trailmix, 10 July 2009 - 06:37 AM.

trailmixFemaleCanada2009-07-10 06:37:00
K-1 Fiance(e) Visa Process & ProceduresCrossing over
QUOTE (tantan @ Aug 19 2009, 09:30 AM) <{POST_SNAPBACK}>
well alright then.. thanks =D
i'm abit nervous about the semi screening ..
since i read a view reviews..where they
said no to having exchanged wedding bands and
got denied entry. He didn't give me the ring as of yet
he still has it, it was being custom made at the time
he proposed and wasn't ready when he came up to
visit.. but i do have proof of purchase and a picture..
but i don't know if i should ask him to send me the ring.
i know he wouldn't want to send it..chancing to loose such
a thing going through customs and mail.


Another reason not to have the ring is that you might end up paying duty on it.

You are over thinking this one - relax, you will do fine smile.gif
trailmixFemaleCanada2009-08-19 10:40:00
K-1 Fiance(e) Visa Process & ProceduresThe best path to choose?
QUOTE (drchouinard @ Aug 19 2009, 08:52 PM) <{POST_SNAPBACK}>
Hello,

I am new to this forum (obviously,) but not to this site. I have been trying to wade through everything for a while now. Its all so confusing to me and I feel like I'm in over my head wacko.gif After reading through a lot of information these past two years, I really REALLY wish that I didn't have to deal with immigration, but I guess I have to so... I want to do this as quickly and painlessly as possible (like I am sure most of us do.)

Anyways, I am an American citizen (born) and my fiance is a Canadian citizen. We have been together for over two years now and just recently got engaged. We also have a baby on the way :-D I am 29 weeks pregnant. Anyways, I was wondering if the best path to take is to apply for the K-1 or to get married and apply for the K-3.. or if there is any other option availible?

I also have a few concerns about the overall process. I am slightly worried about the income support because I don't make very much money. In fact, I receive assistance from a few government programs (which is kinda silly because if he was here I wouldn't need them..)

Next, we were hoping for him to be able to stay with the baby and I after its birth while awaiting the visa approval. Since he is Canadian, I know that he doesn't require a vistors visa to be here, and obviously he couldn't work or anything. But would this affect the process at all? Or would he just have to return to Canada for the interview at the consulate?

Any help or comments are greatly appreciated.

Thanks,

Doni


Lots of good replies here, just wanted to say that which visa you chose should be dependant on what your priority is.

In Canada there are only 2 consulates that do interviews for Visas. Vancouver does interviews for K visas only. Montreal does interviews for all CR1/IR1 (no matter where you live in Canada) and K visas for people who live in the eastern provinces.

So, let's say your absolute number 1 priority is having your fiance there, but it's imperative that he be able to start work as soon as possible after arriving. You would want to get married now and apply for the CR1 visa because he will be legally able to work as soon as he enters the U.S. - that process will take around 11 months.

Maybe him working is not the number 1 priority for you - maybe having him there is, in which case you would want to chose the K1 or K3, especially if he lives in Western Canada as Vancouver is much faster for getting an interview and the K1 or K3 processing, is faster.

If you tell us where he lives and what your number one priority is I think you will get more detail on which visa would be more advantageous to you smile.gif

Also, he can come and visit you, but as someone said he needs to bring strong proof of ties to Canada with him, when he crosses the border. Also, while he does not need a visa to visit, he can only stay 6 months at a time. Now, after that 6 months he could turn around and head back to Canada for a day and then attempt to enter the U.S. again right away for another 6 months - however he would probably have a hard time convincing the border person that he had not already taken up residence in the U.S.


Edited by trailmix, 20 August 2009 - 10:06 AM.

trailmixFemaleCanada2009-08-20 10:03:00
K-1 Fiance(e) Visa Process & ProceduresWhat should we expect to take to the interview?
QUOTE (faith77 @ Aug 25 2009, 03:13 PM) <{POST_SNAPBACK}>
Hello all. My Canadian fiance and I would like to know what to start gathering for the interview at the embassy in Calgary? I know they will send that information, but are there things we can do now? We just sent off the 129F this past week.
Any help is appreciated.

faith


Hi Faith and welcome to VJ.

He won't actually being having the interview in Calgary, there are only 2 consulates in Canada that do interviews for visas, Montreal and Vancouver. As he lives in or around Calgary and it is for a K visa - his interview will be held in Vancouver.

In answer to your question, hopefully someone will come along and move your post for you - to a forum where you will get more answers smile.gif

Edited by trailmix, 25 August 2009 - 06:36 PM.

trailmixFemaleCanada2009-08-25 18:35:00
K-1 Fiance(e) Visa Process & ProceduresPacket 3
I think they meant the waiting gets a bit easier as you are almost done the visa process - from a paperwork point of view, it's harder!

Anyway, it might be helpful to you if you have a look at the K1 flowchart - might give you a better overview and also the K1 guide:

http://www.visajourn...amp;page=k1flow



Edited by trailmix, 01 September 2009 - 02:08 PM.

trailmixFemaleCanada2009-09-01 14:08:00
K-1 Fiance(e) Visa Process & ProceduresPassport style photograph
Well, Canadian passport photos are not the same size as U.S. passport photos (they request U.S. passport size photos). I have read that sometimes the consulate lets that slide - I don't know if USCIS lets it slide when submitting the I-130.


trailmixFemaleCanada2009-09-03 00:42:00
K-1 Fiance(e) Visa Process & Proceduresquestion about a touche
QUOTE (carvin317 @ Sep 3 2009, 12:03 PM) <{POST_SNAPBACK}>
Lets say that i changed my address because i moved, would that cause a touche on my case? I just checked mine and it said it was touched on 8/25 or is that because they actually pulled my file ohmy.gif and is irrelavant to my address change.


Hi,

Sure, it could be a change of address - or someone may have touched your file, it's kind of impossible to say really.

smile.gif


trailmixFemaleCanada2009-09-03 13:07:00
K-1 Fiance(e) Visa Process & ProceduresNew here and has a few questions
QUOTE (payxibka @ Sep 8 2009, 05:35 AM) <{POST_SNAPBACK}>
QUOTE (stasis_dc5 @ Sep 8 2009, 01:23 AM) <{POST_SNAPBACK}>
3. i would also like to mention that she will get her canadian citizenship soon. depending on when i turn in the paperwork/the time it takes to process it, she may or may not have her citizenship already.

hmm... i think that's pretty much it. thank you everyone, and i'm glad to be part of this forum now.


SHE will have it when YOU do the paperwork but she MAY or MAY NOT have it already? Huh?


Two different thoughts there:

1. She will get her Canadian citizenship soon.

2. Depending on when (he) turns in the (U.S. immigration) paperwork and the time it takes to process she may or may not have her Canadian citizenship already (as in when the U.S. visa is being processed/is issued).

Which is irrelevant to the U.S. immigration process - but anyway.

Edited by trailmix, 08 September 2009 - 11:21 AM.

trailmixFemaleCanada2009-09-08 11:20:00
K-1 Fiance(e) Visa Process & ProceduresNew here and has a few questions
QUOTE (stasis_dc5 @ Sep 8 2009, 12:23 AM) <{POST_SNAPBACK}>
first of all, i would just like to say that i am lucky to have found this site/forum, and would like to thank all of those who contribute to it. thank you very much!!!

now, i have a few questions...

1. since applying for a k-1 visa is my original plan, i decided to make this thread here. however, i am still not sure which route to go. any advice on that?

2. my girl has a US tourist visa which doesn't expire anytime soon and is a multiple entry. does this matter at all when applying?

3. i would also like to mention that she will get her canadian citizenship soon. depending on when i turn in the paperwork/the time it takes to process it, she may or may not have her citizenship already.

hmm... i think that's pretty much it. thank you everyone, and i'm glad to be part of this forum now.


Hi and welcome,

Unless you get married before applying, the K1 is your only visa option.

As for the tourist visa, no, it won't matter at all when applying.


Good luck for a speedy visa process!


trailmixFemaleCanada2009-09-08 01:47:00
K-1 Fiance(e) Visa Process & ProceduresK1 and Visitation
From AMCITS:

Entry to the U.S. while Petition is Pending

All persons traveling to the U.S. as visitors or students, Canadian or other nationality, under U.S. law are deemed to be intending immigrants and thus inadmissible for temporary purposes until they have an immigrant visa in hand. The burden of qualifying for any visa for entry to the U.S. rests solely with the applicant. Entry to the U.S. is solely up to a Department of Homeland Security/Customs and Border Protection (DHS/CBP) officer at the Port of Entry. While intending immigrants may have and lawfully seek to exercise a dual intent to be a visitor or student now and an immigrant later, it is against U.S. law to enter the U.S. as a visitor or student with the intent to wait for or seek immigrant status while in the U.S. Anyone who attempts to enter the U.S. by misrepresentation, or unlawfully, may face severe sanctions up to and including permanent ineligibility to enter the U.S.

http://www.consular....sa_relative.asp
trailmixFemaleCanada2009-10-09 02:36:00
K-1 Fiance(e) Visa Process & ProceduresG325A
Hi and welcome kizza,

I went and looked at it, since you mentioned that it didn't say you needed 4

When I filled out that form it was actually 4 identical pages and as you filled out the top page it automatically filled in the other 3 as well. So I guess they changed it. However it does say on the info page that it is '4 pages'.

Edited by trailmix, 11 September 2009 - 12:50 AM.

trailmixFemaleCanada2009-09-11 00:49:00
K-1 Fiance(e) Visa Process & ProceduresPostponing Interview
You can postpone it, however keep in mind that it may take them several months to reschedule you. From what I have seen you basically go to the back of the line - if that is not an issue for you it might be an option.




trailmixFemaleCanada2009-10-28 16:21:00
K-1 Fiance(e) Visa Process & ProceduresThis is so confusing!
QUOTE (tri_gear @ Nov 6 2009, 11:46 AM) <{POST_SNAPBACK}>
I fully understand this and will never lie to a border patrol. To avoid all of this wouldn't it just be easier for us to apply for a marriage license in Canada, get married IN CANADA, he goes back to u.s. and we apply for everything while I remain here in Canada and still working etc..??

BTW, did I mention how great I think this site is?? good.gif

p.s I'm across the border from Detroit, so either way i'd be going to Montreal.



It's up to you. It is true that you might get hassled at the border on your way over to get married. I would personally recommend that you post that question in the Canada forum. Many there have gone to the U.S. to get married then filed for a visa while either 'visiting' in the U.S., for up to 6 months or returning to Canada to wait out the visa processing.

It is 100% up to the border person on the day if they let you cross or not - if that doesn't make you comfortable you are probably better off getting married in Canada (same applies for Canada though, ensure your SO brings strong ties to the U.S. with him).

Here is a link for the Canada forum here at VJ http://www.visajourn...hp?showforum=93

Edited by trailmix, 06 November 2009 - 01:56 PM.

trailmixFemaleCanada2009-11-06 13:55:00
K-1 Fiance(e) Visa Process & ProceduresThis is so confusing!
QUOTE (baron555 @ Nov 6 2009, 11:22 AM) <{POST_SNAPBACK}>
QUOTE (trailmix @ Nov 6 2009, 11:49 AM) <{POST_SNAPBACK}>
[Please disregard the post where someone said it is visa 'fraud' to go to the U.S. and get married as a visitor - it's not - the word 'fraud' gets thrown around a lot on these forums. You can't get married and just stay, when your intent is already to reside in the U.S. - but of course you can go to the U.S. and get married (assuming they let you across the border!)



This poster obviusly didn't read my comments correctly. Yes, you can enter on a tourist visa or work vise (there is not such thing as a visitor visa) but when you are (or may be) asked at the border why you are coming to the US, if your intention is to get married, you must say that.

You may or are most likely to be turned away because the border officer may think that you intend to stay. You would have to convince them that you will get married and then return to Canada.

If you say I am just visiting but you do get married, then those two conflicting stories MAY come back to haunt you, usually during the interview. I am not saying they will, but not telling the truth is/can be very bad.

Now let's say you never met your fiance before, and you are here as a tourist, or worker, or student, and then you meet yiour SO and you marry. That case has no issues since then you first entered you had not intention to marry.

Obviously I am sure all will agree, always tell the truth to every question at the border.


Wow, no I didn't misread what you said blink.gif

"One problem is that if you enter the US with a tourist or work visa, and you are planning to get married, then that is visa fraud. This couldl be vetted out at the AOS interview; worst case is lifetime ban".

You said if you enter with one of those visas and you are planning to get married - that is visa fraud. You may have a different interpretation of what you are saying but i'm sure the OP doesn't. It is incorrect. I'm not trying to call you out - but what you said is wrong and it needed to be addressed so as not to confuse the OP.

I guess you misread what I said, I never said anything about a 'visitor visa' - I said 'as a visitor' - Canadians do not get a visa to enter the U.S. (for 'visiting').


Edited by trailmix, 06 November 2009 - 01:45 PM.

trailmixFemaleCanada2009-11-06 13:44:00
K-1 Fiance(e) Visa Process & ProceduresThis is so confusing!
1) If we file for the K-1 visa, I can't enter the U.S. until it's approved right? So it takes approx how many months until I can?

You can visit, however each visit entry approved is 100% up to the border guard at the port of entry on the day. Bring strong proof of ties to Canada with you, like a letter from your employer stating when you are returning, a lease etc.

Then when it is approved, I can enter the U.S and then you have 90 days to marry. During this time I can't leave the U.S.

Yes, you can' t leave the U.S. until you have your 'advance parole' - or your green card, whichever comes first. Generally the AP will, you apply for that when you send in all your other adjustment of status forms.

2)After you are married, I can apply for AOS then I can get a ssn and start my job search right? How long does that take approx?

I see someone else has linked that info for you.

Option CR-1

I enter the u.s. and get married. Can I go back to Canada and work until the CR-1 is approved? If so, how long does that take? Can I enter into the U.S. back and forth during my visa wait, Or do I stay in the u.s. do an a.o.s and wait for a ssn so I can work? How long would that take?

You can and you will probably have to. Until you go to Montreal, have the interview and the visa is approved and in your passport AND you cross the border and present the visa - you are a visitor in the U.S. - you can stay for 6 months before having to leave (generally).

Sorry for all of the questions, but I have no idea what option to choose. Number one priority is to be together in the U.S. and for me to find a job as soon as I can. I have older children in Canada and would want to go back and forth to visit them of course.

Those two priorities may conflict. Where do you live in Canada? If you live in the west and file for the K1 - it will probably be quicker because Vancouver has less of a wait time to interview - by like a month or two. Manitoba and West: Vancouver - Ontario and East: Montreal - however it will take longer to be 'work ready' - you have to wait for your green card (or employment authorization document).

With the CR1 visa, you will interview in Montreal regardless of where you live, the wait time for an interview (after the I-130 has been processed is around 4-5 months). Not sure how long the NOA2 approvals for the I-130 are taking right now. However you will receive your green card a couple of weeks after crossing the border and technically you are permitted to work as soon as you cross the border.

Please disregard the post where someone said it is visa 'fraud' to go to the U.S. and get married as a visitor - it's not - the word 'fraud' gets thrown around a lot on these forums. You can't get married and just stay, when your intent is already to reside in the U.S. - but of course you can go to the U.S. and get married (assuming they let you across the border!)

Edited by trailmix, 06 November 2009 - 12:53 PM.

trailmixFemaleCanada2009-11-06 12:49:00
K-1 Fiance(e) Visa Process & Proceduresmedical?
Hi,

Yes, Vancouver is the closest to you. There are only 4 panel physicians for all of Canada - Vancouver, 1 in Toronto and 2 in Montreal.


trailmixFemaleCanada2009-11-14 01:30:00
K-1 Fiance(e) Visa Process & ProceduresUrgent again! Need another reply fast!
QUOTE (Inky @ Nov 18 2009, 12:09 PM) <{POST_SNAPBACK}>
Nope shes flying back, her other post states asking if she should change her tickets. Hence why I said CBP would pull her aside go in her bags and grill her.


Ahh ok, makes sense.

Alrighty then:

Now back to your question - you are basically saying - is it ok for me to overstay in the U.S. - no it's not ok, don't do it.
trailmixFemaleCanada2009-11-18 14:23:00
K-1 Fiance(e) Visa Process & ProceduresUrgent again! Need another reply fast!
QUOTE (Inky @ Nov 18 2009, 11:16 AM) <{POST_SNAPBACK}>
QUOTE (Vero and Chris @ Nov 18 2009, 01:10 PM) <{POST_SNAPBACK}>
Ok, I know I'm annoying with this.... So If I leave for home on Saturday, November 21st. That would make it 182 days... Do you think I can get away with it? I mean, to make it 180 days, I would have to leave tomorrow (impossible).
Please answer quick, anyone's help is appreciated here!!!!



182 days is brushing it! they might pull you aside and check your things and grill you a bit. If you cant change your ticket for tomorrow just say you couldnt change your ticket for a day earlier when you get to CBP. Always tell thos guys the truth.


Ok now i'm confused, who would pull him aside and check his stuff and grill him?

I assume you are driving back, the only border guard you are going to see is a Canadian border guard and they don't care if you have been in the U.S. for 100 months - they are not concerned with your potential overstay in the U.S.

Now back to your question - you are basically saying - is it ok for me to overstay in the U.S. - no it's not ok, don't do it.


trailmixFemaleCanada2009-11-18 13:57:00
K-1 Fiance(e) Visa Process & ProceduresAffidavit of Support - Roommate?
Hi haze,

It is referred to as the mis-information line.

I'm glad we were able to clear this up for you. He just has to prove he can support you - not his parents smile.gif


trailmixFemaleCanada2009-12-14 18:43:00
K-1 Fiance(e) Visa Process & ProceduresAffidavit of Support - Roommate?
I don't know why they told you that - his parents are not dependants - I can't see it being relevant, from the I-864 instructions:

How Do I Count Household Size?

Your household size includes yourself and the following individuals, no matter where they live:
- any spouse
- any dependent children under the age of 21
- any other dependents listed on your most recent Federal income tax return
- all persons being sponsored in this affidavit of support
- and any immigrants previously sponsored with a Form I-864 or Form I-864 EZ affidavit of support whom you are still obligated to support.

If necessary to meet the income requirements to be a sponsor, you may include additional relatives (adult children,parents, or siblings) as part of your household size as long as they have the same principle residence as you and promise to use their income and resources in support of the intending immigrant(s).
trailmixFemaleCanada2009-12-14 14:58:00
K-1 Fiance(e) Visa Process & ProceduresBest Option for Fiance?
QUOTE (unique135 @ Dec 23 2009, 12:36 PM) <{POST_SNAPBACK}>
After checking here, I understand that the overall process of IR-1/CR-1 along with status adjustment is much faster than K-1/K-3 along with status adjustment i.e. having green card in hand. Right? or Am I still missing some point here?


Hi,

Just to clarify.

There is no adjustment of status with a CR1 visa. You get the visa and after you enter the U.S. you get your green card, after a couple of weeks. The CR1 is a conditional visa. A little before the 2 years are up you must apply to remove conditions (ie: prove you have a legitimate, ongoing marriage). Once you do that you will receive a 10 year green card.

Edited by trailmix, 24 December 2009 - 12:48 AM.

trailmixFemaleCanada2009-12-24 00:47:00
K-1 Fiance(e) Visa Process & Proceduresenvelop
QUOTE (KarenElizabeth @ Dec 24 2009, 10:24 AM) <{POST_SNAPBACK}>
I just received packet 4 with my interview date in Vancouver February 02, 2010, but there was no mention of a mailer, just location, time, security measures taken and to bring all required documents, visa and medical info. So, I am curious about this mailer as well. Seems to me that packet 4 is not a standard form letter?

Thanks
Karen


I don't know if packet 4 is a standard form letter or not. It would appear that Vancouver does not state in their instructions to bring that envelope - however it is known that you will need one if you want it mailed out.

The IR1 interview letter from Montreal never mentions an envelope either but they do absolutely require one, it is posted in their office, which isn't very helpful if you are already there and didn't know about it!

Here is the note on the Vancouver AMCITS website:

Return of Passports and Visas

Passports will be returned by Canada Post, in most cases

Passports and visas will be returned to the applicants with Canadian addresses by Canada Post, generally within three to five business days after the visa is approved. In person pick up will be available only in a legitimate emergency (as determined by the Consulate).

Applicants must go to a Canada Post office and buy an Express Regional mailer before coming to the consulate. These are not available at the Consulate. Approximate cost is CDN $7.


QUOTE (gobbles82 @ Dec 17 2009, 11:33 AM) <{POST_SNAPBACK}>
I'm also very confused about this whole business. According to the links you guys have sent me, the correct envelope to get is an Xpresspost mailer 314x394. However my fiance went to get the mailer right now and he said there is no such size! Any other suggestions??


Canada post offers 3 sizes of Expresspost prepaid mailers:

Standard - (26 cm x 15.2 cm)
Letter - (31.8 cm x 24.1 cm)
Pack - (39.4 cm x 30.5 cm)

So what you need is the biggest one - which is the 314 x 394 (39.4 cm x 30.5 cm converts to 394mm x 305)

So while the size stated might be a tad off (as stated before 314 x 394) - get the biggest one they have - which should be the 39.4 x 30.5






trailmixFemaleCanada2009-12-24 12:59:00
K-1 Fiance(e) Visa Process & Proceduresenvelop
Or you can check out the VJ Wiki Canada page!

Which Canada Post Expresspost mailer to take with you to the interview

Edited by trailmix, 17 December 2009 - 10:14 AM.

trailmixFemaleCanada2009-12-17 10:14:00
K-1 Fiance(e) Visa Process & Procedures4 Copies of G-325A?
The new guidelines state only 1 copy - actually I think that has been effect for a while - here is another recent thread about it:

http://www.visajourn...howtopic=230397




trailmixFemaleCanada2009-12-30 23:35:00
K-1 Fiance(e) Visa Process & ProceduresShould we note a unique circumstance in our I-129F application
Hi,

I just have a question for you - how did she get the greencard and a SSN? What were the circumstances? Is one or both of her parents American?
trailmixFemaleCanada2010-01-07 16:29:00
K-1 Fiance(e) Visa Process & ProceduresRFE on last personal meeting

Pictures? Events? Chat logs? emails ?

How long have you guys known each other?

Now I am feeling nervous because my person is also USA /CAnada, and you are right, I went to canada twice and got no stamps on my passport. It's not fair :(

Trips you guys went together? Those should have stamps if you traveled to another country there should be date stamps.


No reason for you to feel nervous Dot.

Hundreds of Canadians file for fiancee visas every year, many many have no stamps in their passport - it's just not an issue if you have other proof.
trailmixFemaleCanada2010-01-25 00:10:00
K-1 Fiance(e) Visa Process & ProceduresVisiting without Activating Fiancee Visa

ok I dinged into this issue further - it appears there have been instances where certain Canadian citizens with K1 in their passport were allowed to cross to US without activating their K1 but they showed "strong" ties to Canada. Also there were instances when a vast majority of Canadian citizens were forced to activate their K1 visa or denied entry because they were unable to show strong ties.

It totally depends on the CBP officer and you can expect secondary screening for sure and be prepared to answer very specifically with documented proof as to why you do not want to use the K 1 right now


While it is true that a few have not used their K1 visas and just gone in to visit, i'm not sure about the 'vast majority' being forced to use their visa? Perhaps these are threads I have missed, but I don't ever remember reading one here on VJ.

Anyway Sillypie, no one here can tell you one way or the other - which is pretty much what Montreal told you - and they are right. It is 100% up to the border guard on the day.
trailmixFemaleCanada2010-01-31 13:26:00
K-1 Fiance(e) Visa Process & Procedureshow to list a child on the P3 forms
Moved to K1 forum as you might get more answers here :)
trailmixFemaleCanada2010-02-08 14:04:00
K-1 Fiance(e) Visa Process & ProceduresPolice records?

Do you also need record of being single in Canada? I found that one to be a bit annoying.


No, not needed for Canada - there was one person who was asked (that posts on VJ), but that had to do with child custody.

no only divorcr certificates if you where previously married


And marriage certificate if you were previously married - for K1 applicants only.

Edited by trailmix, 15 February 2010 - 12:08 PM.

trailmixFemaleCanada2010-02-15 12:06:00
K-1 Fiance(e) Visa Process & ProceduresMarrying your girlfriend while she is in the States on Tourist Visa

Listen to your Lawyer.

You will get all sort of half arsed views here, and guess what, none of them are from Lawyers.

I am not a Lawyer either.


Neither am I - and I actually don't like that I am having this conversation with you and Bob again, so I won't, I will just quote from the Canadian consulate website (I bet their lawyer looked this over):

Entry to the U.S. while Petition is Pending

All persons traveling to the U.S. as visitors or students, Canadian or other nationality, under U.S. law are deemed to be intending immigrants and thus inadmissible for temporary purposes until they have an immigrant visa in hand. The burden of qualifying for any visa for entry to the U.S. rests solely with the applicant. Entry to the U.S. is solely up to a Department of Homeland Security/Customs and Border Protection (DHS/CBP) officer at the Port of Entry. While intending immigrants may have and lawfully seek to exercise a dual intent to be a visitor or student now and an immigrant later, it is against U.S. law to enter the U.S. as a visitor or student with the intent to wait for or seek immigrant status while in the U.S. Anyone who attempts to enter the U.S. by misrepresentation, or unlawfully, may face severe sanctions up to and including permanent ineligibility to enter the U.S. link

And the CBP: link

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.

Note that neither of them say - unless you are going to marry a U.S. citizen. If anyone can show me a U.S. government page, that states it is ok to enter the U.S. with immigrant intent - I won't post this stuff anymore.

scjones - please don't think that anyone here is implying that you are trying to break any laws, people on this site have differing views on some of the points - that's all, no reflection on you.
trailmixFemaleCanada2010-03-07 15:28:00
K-1 Fiance(e) Visa Process & ProceduresWhat's next?

Ok, and how long does it stay @ the NVC?


After it leaves NVC and is sent to the consulate in Montreal (not an embassy) and you have sent back the checklist they will send to you, you can expect to wait 3-4 months to be scheduled for an interview.
trailmixFemaleCanada2010-03-11 16:18:00
K-1 Fiance(e) Visa Process & ProceduresI-864 Part 1 Question 1
Hi,

I'm moving your topic from the US Embassy and Consulate Discussion forum to the K1 forum, you should get more help there.
trailmixFemaleCanada2010-03-25 16:07:00
K-1 Fiance(e) Visa Process & ProceduresI-864 Part 1 Question 1
Hi,

Fiance(e) I-129F petitioners fill out the I-134, not the I-864.

You won't fill out the I-864 until you apply for adjustment of status for the beneficiary.

:)
trailmixFemaleCanada2010-03-25 15:11:00