ForumTitleContentMemberSexCountryDate/Time
IR-1 / CR-1 Spouse Visa Process & ProceduresWife Returning to US with Canadian Husband

1. If you visit the US for 6 months at a time, you'd then have to prove you still have a full time job, a house, a lease, SOMETHING that would make you want to go back to Canada after that 6 months. If you do not have this, you will not be allowed to enter or they will give you an I-94 with a set expiration date lesser the 6 months.

 

2. You need to stay in Canada while doing the I-130 spousal visa. Your wife will have to prove domicile...house, job, etc.

 

3. IF you decide to come to the US for 6 months and then AOS you are committing visa fraud. This forum is a forum for people who apply for immigration the legal way so when you talk about possibly committing visa fraud, it gets a LOT of people on here REALLY angry because we've all paid thousands of dollars to get our loved ones into the US and that is like peeing down our necks and throwing us to the birds because we did it the legal way. (Just saying)

 

4. You are looking at a processing time of around 8-10 months. Worst case.

 

5. This is my personal opinion but it seems as if you are around the immigration stuff for a few years in Canada. Doesn't surprise me it took them over 3 years with no answer. I'm sure this will get removed but it is so frustrating when people continually want to game the system when everyone on this forum providing the help and knowledge are spending THOUSANDS of dollars to do this the RIGHT way to make sure there is NO way their loved ones will get deported etc.

 

*End Rant*

 

Stay in Canada. Keep your job. Keep your house/apartment. Visit on weekends. PROVE strong ties to Canada...via a job (letter from employer) house deed, mortgage, lease whatever you have for when you do come visit. Do not try to stay for 6 months at a time. Wait your turn like the rest of us. Don't risk being deported and permanently separated from your wife. That's so not fair to her. Not worth the risk.

 

Thank you for the actual advice you have given, even though most of it is actually wrong (which we know from PRACTICE, not study)

 

Per your unwanted opinion in point 5:

 

As I stated in my OP, everything we have done has been 100% legal. We've made sure of that. We HAVE spent thousands of dollars on the proper paperwork. We HAVE spent time visting/skyping and "waiting our turn" during the Canadian process. We are not trying to "game the system" or to cut in line in front of all you "honest" folk.

 

Our life circumstances have changed, and we want to continue that process in another country while maximizing the time spent with each other. Surely this was the place to ask. I came here looking for factual advice to aid in that and instead I get judgment from the exact group of people who should be sympathetic to our situation. It isn't my fault you had to wait to be with your loved one, just like it isn't your fault I have to wait to be with mine.

 

I understand more than most just how stressful this entire process can be. We've spent YEARS (not 8-10 months) trying to make this work, but I did not expect such childish outbursts from a simple request for advice. If trying to make someone who has done nothing wrong feel like a criminal eases the pain you went through during your process, then have at.

 

Thanks to those who offered real advice not based on conjecture.

 

MODS, please delete this thread as there is nothing further to be gained here.

 


Elkazan81Not Telling02013-08-15 22:11:00
IR-1 / CR-1 Spouse Visa Process & ProceduresWife Returning to US with Canadian Husband

 

Once the I-130 is filed, the only way you can continue to visit your wife in the US would be for you to prove to the border agent that you still have "strong ties" to Canada. It can be anything from having a full-time job, property in Canada, and any other ties that would compel you to return to Canada after each visit. If you are going to stay in the US for 6 months, then you can no longer be considered visiting but actually living in the US. 

 

Personally, I would suggest for you to continue to live in Canada and your wife can move to the US to establish a domicile. She should then file the I-130 and, depending on your situation in Canada, you can try to make a few shorter trips to visit her in the US within the 8 - 9 months for you get the IR-1 visa. 

 

Good luck!

 

 

 

Yes. Still living in Canada at the time of this writing and my wife has already established a domicile in the US.

 

Again, the plan is to visit for 6 months (Canada & the US have a mutual agreement on this maximum length of stay) as the paperwork for the I-130 is filed.

 

I appreciate your input.


Elkazan81Not Telling02013-08-15 00:12:00
IR-1 / CR-1 Spouse Visa Process & ProceduresWife Returning to US with Canadian Husband

Have you actually checked out the forum before posting your question?

If you did, you'll see that this very particular situation/question is being discussed almost on a regular basis.

 

No one is allowed to enter the US with the intention of becoming an immigrant unless you have the appropriate visa. In your case, the IR-1 (I-130 form). 

 

It's a certainty that they will deny you entry at the border and ask your wife to file the I-130 while you wait in Canada. Worst case scenario is that they will flag your passport/file for attempting to game the system and adding difficulties along the immigration process for you. 

 

Please don't take this as an intimidation but that is just how the US immigration system works.

 

 

 

 

 

 

 

 

Perhaps I was unclear.

 

We don't intend to "game" the system, but to begin the I-130 process shortly with me still legally living in Canada while I visit (staying with her in the US) for the maximum of six months the way we did with her visiting in Canada.

 

I do appreciate your response.

 


Elkazan81Not Telling02013-08-14 22:45:00
IR-1 / CR-1 Spouse Visa Process & ProceduresWife Returning to US with Canadian Husband

Hi Everyone,

 

My wife, a US Citizen, and I, a Canadian Citizen, met online back in 2004. We started "dating" in 2006 and this included regular visits between our countries. In 2009, I proposed to her during a visit. We decided to make a go for it and she left her life behind so she could move to Canada with me. At the time, we told the border agent that the plan was for her to stay the maximum of six months. We weren't lying, as we were still undecided where our life would "settle"

 

During that six month period, we crossed our T's and dotted our i's and made sure to continuously apply for extentions to her visitation. In late 2010, we tied the knot and finally filed for permanent residency for her in Canada.

 

Almost a full 3 years later, the Canadian government has yet to approve her, and here is where the plot thickens;

 

She applied for and got a job back in the US. She is now moving back there and of course, I want to go with her. We want to be together. I've followed her lead and have taken steps to leave my life here in Canada behind.

 

What should we expect at the border? Since we're married and have plenty of documentation to back up all of our claims, will it be relatively painless? We intend for her to petition for me almost immediately upon arrival, but I'm worried they won't let me in.

 

Anyone been through this? Any responses would be most welcome.

 

Good day to you all.

 


Elkazan81Not Telling02013-08-14 22:12:00
K-1 Fiance(e) Visa Case Filing and Progress ReportsPetition Approved!!
Graaaatttzz :)
WobbafutFemaleFrance2012-07-30 09:34:00
K-1 Fiance(e) Visa Case Filing and Progress ReportsWhat's your plans in US ?
Haha Kennatd nice answer!!

Well it seems that we all have approximately same plans :)

Thanks Pw3t for details.. :)
WobbafutFemaleFrance2012-08-31 21:16:00
K-1 Fiance(e) Visa Case Filing and Progress ReportsWhat's your plans in US ?
Well good to know.. :)
Pwet : I have a BTS in france, but its not considered as a degree there.. so Ihave nothing for there. And YUP, prices are crazy!
I think about doing same thing as you.. Getting license then find a job :/ The thing is that im not sure if i really want a "basic job" for my entire life lol.
WobbafutFemaleFrance2012-08-30 08:49:00
K-1 Fiance(e) Visa Case Filing and Progress ReportsWhat's your plans in US ?
Hi everyone !

Being in that big K-1 visa process, Ive been focusing too much on it and then I've started thinking about what to do when I'll move out there. Yup I've thought of it before, but without really being sure about it.
So, what's your plans when your visa will be approved and then you'll be there for good ? Will you start working, studiying, or anything else ?
I'd like to know :)

Thanks!

Celia
WobbafutFemaleFrance2012-08-28 10:08:00
K-1 Fiance(e) Visa Case Filing and Progress ReportsK-1
Just be happy that they arrived to your case.. Im sure it's not a big rfe :)
WobbafutFemaleFrance2012-09-21 21:26:00
K-1 Fiance(e) Visa Case Filing and Progress Reportscalling all March 2012 filers....
Patience Patience ppl.. Soon our Noa2! They are already on their way :P
WobbafutFemaleFrance2012-09-24 08:18:00
K-1 Fiance(e) Visa Case Filing and Progress Reportscalling all March 2012 filers....
Hi,

You all are welcomed on the actual March 2012 filers thread :)

http://www.visajourn.../page__st__2040
WobbafutFemaleFrance2012-09-23 11:35:00
K-1 Fiance(e) Visa Case Filing and Progress ReportsVisa Approved :D
Gratzz! When are you leaving? :)
WobbafutFemaleFrance2013-02-11 09:43:00
K-1 Fiance(e) Visa Case Filing and Progress ReportsMarch (2012) filers...

Hi everyone :)

 

Coming back here checking on everyone. Glad for some, Sad for others :(

 

Rong and David, keep going :) Your love has been tested. You're going to see the light soon !


WobbafutFemaleFrance2013-09-01 13:41:00
K-1 Fiance(e) Visa Case Filing and Progress ReportsMarch (2012) filers...
Keep your head up David!
WobbafutFemaleFrance2012-11-05 15:07:00
K-1 Fiance(e) Visa Case Filing and Progress ReportsMarch (2012) filers...
Hi everyone!

Been a while since i posted here. Im glad to see things moving for all of us!
WobbafutFemaleFrance2012-11-05 04:22:00
K-1 Fiance(e) Visa Case Filing and Progress ReportsMarch (2012) filers...
Hi everyone!

Tomorrow starts another week with hopefully more march approvals... Keep your heads up!! :thumbs:
WobbafutFemaleFrance2012-09-30 18:38:00
K-1 Fiance(e) Visa Case Filing and Progress ReportsMarch (2012) filers...

Well I've an update for my fellow waiters. My Service Request had expired yesterday, so I waited for my lunch break and called from my car. Of course, that first person told me she would check, put me on hold, and came back saying "They are only processing before February 27th." I then listed off recent approvals from yesterday: 3/15, 3/20 x2, 3/21 x3, 3/23, 3/26, 4/2. There was silence, so I said, "Please transfer me to someone who can help me and not read off a card." She put me on hold for 10 minutes, and I got the Tier 2, but it was for Spanish speaking people. She said it was no problem, she also spoke English, although I could barely understand her. I explained what was happening. She put me on hold. She came back and claimed they had emailed me on Sept. 14th that I was still within normal processing times. I asked her if she considered 7 months ordinary. She said, "No." I then told her we still had a problem. Even though they emailed me on Sept. 14th, it was now Sept. 27th, and I am now 203 days out. She put me on hold again, and came back to say, unbelievably, "They are only processing before February 27th." I then called her a liar, and rolled off the same dates just processed yesterday. She paused, then told me the VSC email address to write to, and list my Service Request Tracking Number as the Subject, for that is what they would use to look it up. So, I wrote out a lengthy email to them and got the auto-response that it was received. Since my second wind was up, I then wrote to my congresswoman for a third time, instilling in her that she should help her poor voting constituent, giving screen shots of VJ processing times, Igor's List of both CSC and VSC. I doubt any of those will really help. But I feel better for unleashing some of this frustration back to the very cause of it. Once again, none of the files on my stack have been touched at all. Have I mentioned I hate VSC? :bonk:



Oh wow! I hope you'll get an update from that... Hha Im sure the spanish girl felt stupid! Bcs they really take ppl for fools and sometimes it's good to let them know we're not..
WobbafutFemaleFrance2012-09-27 16:01:00
K-1 Fiance(e) Visa Case Filing and Progress ReportsMarch (2012) filers...
I have a question too!

I got approved ( Hope you guys too soon...)

I am in the US right now, so I want to prepare paper quick ( leaving Friday).

But do you know what date Im supposed to put on ?? Can I like put a date before i get packet 3? Thank you :)
WobbafutFemaleFrance2012-09-26 17:54:00
K-1 Fiance(e) Visa Case Filing and Progress ReportsMarch (2012) filers...

We just got NOA2!!!
I can't believe it!!! OMG I can't even type!!
I'll keep praying for all of you guys :thumbs:


CONGRATS!!
WobbafutFemaleFrance2012-09-26 17:34:00
K-1 Fiance(e) Visa Case Filing and Progress ReportsMarch (2012) filers...

I'm late joining this thread... where do you see the list?


I just tried number before me on the uscis website Andie
WobbafutFemaleFrance2012-09-26 17:21:00
K-1 Fiance(e) Visa Case Filing and Progress ReportsMarch (2012) filers...

Oh wow! things are really happening.. congratulations !!

... and for everyone else... sooooooooooon !

Our's is really messed up, so I have no measure really - but things are looking better now for you guys :thumbs:


Thanks!!!

I think one petition before hasent been looked yet :(

Congratulations!

So I would be approved today if we hadn't made that mysterious mistake. Well, still a RFE is better than nothing I guess :)

Goodnight everyone :star:


We will try to help you out is you need help! No one leave this thread before we all get approved.. :thumbs:
WobbafutFemaleFrance2012-09-26 16:54:00
K-1 Fiance(e) Visa Case Filing and Progress ReportsMarch (2012) filers...
Guys!!!!

On September 26, 2012, 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 at 1-800-375-5283.

I am sooo happy!!!!!!... I'll keep following you until you all get approved!! They approved number 27 too. 2 in a row lol
WobbafutFemaleFrance2012-09-26 16:47:00
K-1 Fiance(e) Visa Case Filing and Progress ReportsMarch (2012) filers...

Who knows... there are 8 left in 'my' whole stack. They bounce at the top and bottom. I'm at the center. None touched today. ONE yesterday.


That sucks.. they need to hurry seriously! Let's hope more approvals today.
WobbafutFemaleFrance2012-09-26 09:52:00
K-1 Fiance(e) Visa Case Filing and Progress ReportsMarch (2012) filers...
Hi everyone! back.. Sorry were out for a while :)

Kaaha! Do not cry, this is kind of a good news.. things are moving for you. Let us know what the RFE is :)

Mine is still Initial review! I am 1428, 1424 got approved, 1426 fot RFE.. Are they working every 2 petition?!
WobbafutFemaleFrance2012-09-26 09:46:00
K-1 Fiance(e) Visa Case Filing and Progress ReportsMarch (2012) filers...
AmazingLove : Congratulation late!!!!
WobbafutFemaleFrance2012-09-25 08:53:00
K-1 Fiance(e) Visa Case Filing and Progress ReportsMarch (2012) filers...
Hope more approvals comng soon!
WobbafutFemaleFrance2012-09-24 16:27:00
K-1 Fiance(e) Visa Case Filing and Progress ReportsMarch (2012) filers...
So.. another march filer got approved. I dont know why he or she posted it today, but you can see in recent immigration dicussionhis/her thread. He/she got her/hi NOA1 on march 26. Let's wait another week..
WobbafutFemaleFrance2012-09-23 11:34:00
K-1 Fiance(e) Visa Case Filing and Progress ReportsMarch (2012) filers...
Have a good weekend guys :)
WobbafutFemaleFrance2012-09-22 08:47:00
K-1 Fiance(e) Visa Case Filing and Progress ReportsMarch (2012) filers...

Jst got our NOA2!!!!!!!!!!!!soooooooooooooooo happppyyyyy!!!!! good luck for all of you!!!!!



CONGRATULATIONNNNNNNNNNNN!!
WobbafutFemaleFrance2012-09-21 14:26:00
K-1 Fiance(e) Visa Case Filing and Progress ReportsMarch (2012) filers...

Here's an idea that I really hope everyone will jump on board with. Check out this post I just made on Facebook in answer to a presidential appeal for votes:



Haha that was a great comment !!
WobbafutFemaleFrance2012-09-21 12:45:00
K-1 Fiance(e) Visa Case Filing and Progress ReportsMarch (2012) filers...
Im in this range. They got our petition on march 14
WobbafutFemaleFrance2012-09-21 12:11:00
K-1 Fiance(e) Visa Case Filing and Progress ReportsMarch (2012) filers...
Seems that more ppl are getting approved :D
WobbafutFemaleFrance2012-09-21 10:53:00
K-1 Fiance(e) Visa Case Filing and Progress ReportsMarch (2012) filers...

Wobbafut - you are coming to my city! Been in Louisville all my life.



Oh that's soo cool!! Never imagined that there was someone else here in Louisville that would apply for K1 :)
Hope to get approved soon like you !! haha
WobbafutFemaleFrance2012-09-20 14:59:00
K-1 Fiance(e) Visa Case Filing and Progress ReportsMarch (2012) filers...

I'm so ticked that I won't even respond because they're such liars.

I've been to Poland (Krakow) and France (Paris). Loved both countries! I plan and hope to visit Europe again with my fiancé (husband hopefully by then).


Im sure your soon to be husband and you will have lots offun soon visiting europe!!!
WobbafutFemaleFrance2012-09-20 13:42:00
K-1 Fiance(e) Visa Case Filing and Progress ReportsMarch (2012) filers...

Oh, there is plenty! We went to Miami and NYC... And when he came to Europe in the summer, we took a Eurotrip :) Paris was beautiful, even though it was raining all the time! :) But what really makes me smile, is seeing him at the airport. I don't have a tourist visa so I can't go to see him. But he came to Poland twice... and you know, just the feeling of having him back after a few months... it's so relieving...


I wish i could go to poland one day :)
Want you kind of disappointed about Paris? It's sad, ppl are so rude there.. doesnt represent france at all :(

I wanted to go to miami but we couldnt!! We have been to seattle and vancouver :)

Okay so I finally got a response from my congressional office. They are simply good for nothing.


"The Vermont Service Center has responded to my inquiry with the following message:

This petition was received on March 8, 2012, and is pending review at the Vermont Service Center (VSC). VSC is currently processing this form type with a receive date of February 27, 2012 or earlier. You can find the current processing times posted on the www.uscis.gov website.

Immigration Services Officer / Congressional Unit


Unfortunately it appears that the Service Center has “retrogressed” on the I-129 F, meaning that the processing time they are currently reviewing has gone backwards. I know how eager you are about reuniting with your fiancé. I apologize that this is not the message you were hoping for. The Vermont Service will not transfer cases to the California Service Center unless there is a significant difference (such as years) between the dates, as it takes quite a bit of time to transfer files to the various centers. I deeply apologize that you must wait a few more moths for USCIS to review your fiancé’s file. Hopefully they will have a decision by December.

If you experience any future problems with this case, please do not hesitate to contact me. Once again, I regret that I do not have a more favorable response for you."

DECEMBER? Like seriously? Btw, my fiancé will be coming to Texas to join me whenever that is.


This is totally RIDICULOUS!!!!!!! :angry:
WobbafutFemaleFrance2012-09-20 13:37:00
K-1 Fiance(e) Visa Case Filing and Progress ReportsMarch (2012) filers...

Hey we're all in the same vicinity!


Yay! haha :)
WobbafutFemaleFrance2012-09-20 13:17:00
K-1 Fiance(e) Visa Case Filing and Progress ReportsMarch (2012) filers...

Welcome Hemingway. Don't fret, they are mowing through the end of March right now. It's us at the beginning that are having to wait.


Beautiful North Carolina!



Oh Tigerflower!! You lucky :) Seems to be pretty there! Kentucky for me right now. But I actually like the city (Louisville) So Im happy too :)

I like that idea... cause I am about to cry, literally... I'm gonna be living near DC... for sure for a year, they we planned to move, maybe to Florida...



Washington DC?? Waahh historic city, thats cool! I also love the idea of florida :)
WobbafutFemaleFrance2012-09-20 13:15:00
K-1 Fiance(e) Visa Case Filing and Progress ReportsMarch (2012) filers...
Let's talk about something more "joyful" ? not sure about the word! haha

So, where are you all going to live? :)
WobbafutFemaleFrance2012-09-20 13:07:00
K-1 Fiance(e) Visa Case Filing and Progress ReportsMarch (2012) filers...

thanks Wobbafut! We will all get the NOA2 this week! This is like a miracle for me.. :innocent:


Hehe I hope so! But Im really happy for you though!!

With guide :

What to send to your fiance(e) once the I-129F is approved (Receive NOA2):
1. A copy of the entire I-129f package (that you made when you sent the petition in) and a copy of information that you sent back due to an RFE (if you received one).
2. Send all originals of the documentary proof that you submitted for the I-129F to your fiance(e) for their interview at the embassy.
3. Send an original letter affirming your desire to marry your fiance(e) and your continued support of the K-1 Visa. Sign and date the form. This will be similar to the letter you provided with the I-129F, but dated much closer to the interview (it will have most likely been several months since you submitted your I-129F).
4. I-134 Affidavit of Support form. Ensure it is signed, with all required supporting evidence. Begin collecting the required information ahead of time, as it can often take several weeks to collect it all.
5. You will likely need at a minimum (for the above form) two to three of your most recent pay stubs and a signed letter from your employer listing you job title, start date, your salary, and the status (full-time) of your position. Begin collecting these ASAP after your NOA2 arrives. You will also probably want to include other evidence such as your banking information and other assets as required by the I-134. Specifically you will need at least 2 of the 4 options mentioned in Section II-Supporting Evidence of the I-134. See this FAQ for more tips and ueful information on the Affidavit of Support Form.
6. A copy of the NOA2 that you received in the mail.
7. Proof of your ongoing relationship. This needs to be taken to the interview! Include photos, travel documents, emails, etc from between the time you filed and present (NOA1 date-now).

Examples: Copies of land line and cell phone bills, appropriate emails and letters you have sent including the stamps on envelopes (to document the date they were sent), and other written documentary proof. Provide a reasonable amount; two to four of each type. Pick a range of dates up to and including the present. You can also include a copy of engagement ring receipt (this is something that is a big optional - do not worry if you do not have a ring yet!)


NOTE: Tip Regarding Vaccination Records

The K-1/2 beneficiary will be required by the embassy to have a "medical" done prior to the visa interview. Part of this interview will require that previous vaccinations are documented and potentially additional required vaccinations performed. Once this is complete the doctor will note this on a DS-3025 form that will be sent to the embassy. During the medical appointment request an official copy of the vaccination records from the physician (or a copy of the completed DS-3025 if they will give it to you) as this will be helpful to have on hand in the future (specifically it can be helpful when filing for Adjustment of Status if your DS-3025 form is not available).


link : http://www.visajourn...content/k1guide

I kinda wish I'd received an April 1 NOA1 instead of March 30, because I have to watch all of you guys get approved first!



Oh! You're not too far from us :) (Coucou BTW!!)
WobbafutFemaleFrance2012-09-20 13:02:00
K-1 Fiance(e) Visa Case Filing and Progress ReportsMarch (2012) filers...

are u 9 filer? or 8? if you are then you will this week.. :innocent:




thanks starflyer! what's next after this?



Thanks Islandgal! yours will be soon..real soon..:) :innocent:



You have to wait packet 3 from embassy :) look at K1 visa guide on here to see what papers to gather :)
WobbafutFemaleFrance2012-09-20 12:59:00