ForumTitleContentMemberSexCountryDate/Time
K-3 Spouse Visa Process & ProceduresI need some information on what we should do
It would not be a good idea to marry in Canada and then try to enter the U.S. as a "visitor" who can come without a visa and stay 6 months. That's because she'd be married to an American, and the assumption would be she'd be coming here to live with him. That could be viewed as fraud.

The best idea may be to hold off getting married until she's ready to stay in Canada and wait for the K3. If that has to happen after all the other family events, then plan around that.

There's no guarantee she'll be allowed into the States during the visa process. You'll hear stories here of people who travelled with no problems and others who were denied. It's a gamble.

Look at my timeline, because it shows a Canadian being married in the States (March 2006), then going back to Canada to wait for the K3 visa. It will take about 10 months before he can enter the States again.

Edited by Jersey Girl, 30 November 2006 - 07:59 AM.

Jersey GirlFemaleCanada2006-11-30 07:55:00
K-3 Spouse Visa Process & ProceduresWhat should we do?
We're a Can-Am couple, and if we could do it over again, would opt for K1 instead of K3. For some reason, K1s got Montreal interviews quicker than K3s. Of course, all this could change tomorrow.

My suggestion is to choose a visa and get set for 6-12 months apart. The American can visit Canada, and you may (or may not) have success visiting the States.

It's a long journey, you'll need a plan to get through the separation, and that's the reality check you need. Be careful of lawyers who promise a quick visa. They may cost more time and money than if you submit the forms yourself.
Jersey GirlFemaleCanada2006-12-03 08:23:00
K-3 Spouse Visa Process & ProceduresVisiting while in Process

Anything I'm missing?

My husband was turned back at the Canadian border and was given a list of "ties" they like to see. Very important, they said, was a non-refundable, return airline ticket. Next, was a mortgage or lease showing your domicile and ongoing financial obligation. Bank statements are good. A letter from your employer is also good. But business cards are not evidence of anything, since you can print them at Staples.
Jersey GirlFemaleCanada2006-12-09 07:34:00
K-3 Spouse Visa Process & ProceduresK-3 Resentment
With 20/20 hindsight -- and that's all it is, sockmonkey -- I should have gone straight for the CR-1, since it would have taken the same amount of time as the I-129f. But we all made the best decisions we could at the time, knowing what we knew then.

There was no conspiracy to take our money. It's just the way things turned out for us in 2006. It was different the year before, and it will be different in 2007. No sense wasting energy bellyaching, since there's no villain in the piece.
Jersey GirlFemaleCanada2006-12-09 07:23:00
K-3 Spouse Visa Process & ProceduresHelp me please.
You've never met? And plan to marry in the U.S.? If you're applying for a K-3 visa, you'd return to the U.K. and wait. Look at other U.S.-U.K. couples to see how long you'd be apart ... 6 months to a year?

If you're planning to visit, marry, and stay, I believe that's called Ajustment of Status and there's a chance of denial. The best advice is to get as much background information here as possible so you have a realistic view and can plan.
Jersey GirlFemaleCanada2006-12-31 15:11:00
K-3 Spouse Visa Process & ProceduresHaving two Marriage cause of denial?

Its not like that cos they been seperated for over a year and decided to got divorced...And its only weeks gap when our marriage happened then the divorced finalized...I know we did things not right but our situation is not really bad like the other....

It's important to see things the way USCIS will see them, and that's from a legal perspective, not an emotional one. Put aside all your rationales about WHY you married someone who was already married. You are each culpable in this matter, not just him. Visa denial based on polygamy could be applied to either of you.

The best advice is to get several opinions from immigration attorneys. Do not pick one because he/she tells you what you want to hear. Weigh all evidence the way USCIS will, based strictly on facts. Do not weasle and try to absolve yourself because of good intentions or timelines. That's not how your case will be decided.

Fact is, he had an American wife and married someone else before his divorce was finalized. He married again later, but that may not be considered, since it was game over at bigamy. Please get professional advice and be prepared for the possibility of denial. We wish you good luck.
Jersey GirlFemaleCanada2007-01-06 10:18:00
K-3 Spouse Visa Process & ProceduresHaving two Marriage cause of denial?
Did he apply for a visa for the first wife as well?
Jersey GirlFemaleCanada2007-01-04 21:52:00
K-3 Spouse Visa Process & ProceduresHaving two Marriage cause of denial?
If you ask the wrong question, you'll get the wrong answer.

It's not a question about the validity of the first or second marriage to the current wife. It's about the attempt to have two marriages to two wives at the same time.

A polygamous marriage is, by definition, invalid (at least in the U.S.) The point is, it's also illegal, and cannot be brushed off with a friendly explanation (whatever that might be.)

Fact is, the man tried to have 2 marriages simultaneously, so the real question is: is he eligible given a polygamist past?
Jersey GirlFemaleCanada2007-01-04 21:35:00
K-3 Spouse Visa Process & ProceduresHaving two Marriage cause of denial?
Yeah but ... isn't polygamy grounds for denial?
Jersey GirlFemaleCanada2007-01-04 19:05:00
K-3 Spouse Visa Process & ProceduresK3 (I-129F) Denied and need help
You're okay. Just keep going with the I-130. But make sure your mailbox is secure. Good luck!
Jersey GirlFemaleCanada2007-01-09 08:00:00
K-3 Spouse Visa Process & ProceduresJobless
I believe the USC spouse is always the sponsor, but can get a co-sponsor. If you're going to be making money this Fall, it's possible you'll have enough income in 2007 to sponsor at the Adjustment of Status stage.
Jersey GirlFemaleCanada2007-01-06 10:27:00
K-3 Spouse Visa Process & ProceduresMy Senator's Staff Came Through!
Go buy a lottery ticket. You're due for some good luck!
Jersey GirlFemaleCanada2007-01-12 21:45:00
K-3 Spouse Visa Process & ProceduresQuestion regarding the I-129F Petition
My advice is to download the forms from USCIS. It's important that you use their forms, which can change, and may not be current in the package you bought. Also, when you get to the interview stage, it's important once again to use the forms they send. Some consulates are "very picky" about this.

You can use the package for general tips, but if there's something odd about the forms, you could be adding months to your process. On this journey, it pays to be paranoid, meticulous, and willing to follow the government's instructions to the letter.

Anyone who charges for these forms probably shouldn't be in the business of giving advice.

Edited by Jersey Girl, 05 February 2007 - 07:52 AM.

Jersey GirlFemaleCanada2007-02-05 07:51:00
K-3 Spouse Visa Process & Procedureseligilibility for K3
Sorry to be cynical, but I've never seen educated English spelling combined with such poor grammar and sentence structure. They don't go together. But a Blue and a steaming bowl of Montreal poutine always go well when one is watching a comedy.
Jersey GirlFemaleCanada2007-02-15 08:12:00
K-3 Spouse Visa Process & Procedureseligilibility for K3
Gosh, whatever could be wrong with that idea? (If you want to play dumb, don't use Latin abbreviations.)
Jersey GirlFemaleCanada2007-02-14 06:25:00
K-3 Spouse Visa Process & ProceduresBreaking news: Wife coming home today
Congratulations on a successful journey! Hope all continues to go well for you both!
Jersey GirlFemaleCanada2007-02-16 08:32:00
K-3 Spouse Visa Process & ProceduresSetting Up Joint bank Account
Until he has a SSN, it will be tricky. And if he's not there in person, it may be impossible. Try going to a bank that knows you and open an account with you as the primary owner and him as joint person with privileges.
Jersey GirlFemaleCanada2007-02-19 06:51:00
K-3 Spouse Visa Process & ProceduresK3 Visa Help!
Which address have you been listing for your husband all along? (Could you fill in your timeline, please?)
Jersey GirlFemaleCanada2007-02-19 06:46:00
K-3 Spouse Visa Process & ProceduresI-Cr or K-3 ?
The NOA1 is only a receipt, not an approval, and comes promptly for most people. Once you get an NOA2, you can start deliberating the merits of your "rabbits."

Please do your timeline so people have enough information to give a knowlegable answer. Then, look at the timelines for people going through your embassy. Look at length of time betweeen NOA2 and interviews.

Edited by Jersey Girl, 02 September 2006 - 03:25 PM.

Jersey GirlFemaleCanada2006-09-02 15:24:00
K-3 Spouse Visa Process & ProceduresCuban Immigration Concerns
If there's mass upheaval, and thousands fleeing in boats, they may be considered political refugees applying for asylum. Not sure it would affect regular petitions, but who's to say?
Jersey GirlFemaleCanada2006-08-02 16:59:00
US Embassy and Consulate DiscussionDual citizenship
My husband and I are both duals. I'm American and Canadian. He's Canadian and Portuguese. So far, the I-130 and I-129F have been simple because the question doesn't come up, even though his nationality is listed as Canadian and his birthplace is listed as the Azores Islands. For all intents and purposes, I'm a U.S. citizen petitioning for a Canadian spouse. However, at the interview, there may be a question on a form that asks directly about the immigrant and if they're a dual national. Not sure if this will complicate matters. Not even sure if his Portuguese passport is up to date. The real nightmare is cross border taxes.
Jersey GirlFemaleCanada2006-04-24 21:32:00
US Embassy and Consulate DiscussionAffidavit of Support
I'm the USC petitioning for the K3, and also a citizen of Canada. I want to use the "assets method" for the Affidavit and have assets in both countries. Would a U.S. notary allow me to swear that bank and investment statements from Canada are true?
Jersey GirlFemaleCanada2006-05-10 09:09:00
US Embassy and Consulate DiscussionEvidence of bonafide marriage
If it makes you feel better, pack a bag with all that stuff. It's better to be over prepared and have peace of mind than to turn into a Bridezilla, or in this case, a Visazilla.
Jersey GirlFemaleCanada2006-05-16 15:22:00
US Embassy and Consulate DiscussionStressed out
Try to relax. Get someone with fresh eyes to help, if you can. Read every form again, slowly, out loud even, looking for any errors or ommissions. The reason this is stressful is because it's not straightforward. What else can we expect from bureaucracy? It's not impossible, so be calm and confident.
Jersey GirlFemaleCanada2006-05-16 15:30:00
US Embassy and Consulate DiscussionAnother support question.....
Play it safe and get a co-sponsor. You may not have a job or a decent history of pay checks by the interview stage. Consider it an insurance policy. This is just the opinion of another unemployed-but-not-for-long-petitioner-with-a-Masters-degree who is getting a co-sponsor.
Jersey GirlFemaleCanada2006-05-19 16:25:00
US Embassy and Consulate DiscussionAffidavit of support
Thanks, Yodrak, I did look at the I-864, and unlike the I-134, the immigrant's assets can be factored in. That's a plus. When it's time to adjust status, I believe I'll be working, and can, as meauxna suggests, get by on our combined assets as well as an employer's letter. At this point though, I want to be well prepared (with a co-sponsor) rather than SOL because I didn't do enough preparation. Who said: "The harder I work, the luckier I get"?
Jersey GirlFemaleCanada2006-05-19 22:17:00
US Embassy and Consulate DiscussionAffidavit of support
I took the advice of the majority here and asked my brother to co-sponsor. He's a nurse who's worried he might be on the hook for catastrophic medical bills if the immigrant had his first heart attack, a real possibility when you live in Weird New Jersey.

Yodrak, I have no income per se at this time, only savings and investments I don't wish to disclose here. (And the investments took a 10% hit in this week's stock market correction.) Hopefully, I'll have a job soon so I can show income as well as assets. If I still appear shakey to them, I'll have my brother as back-up. Good plan?
Jersey GirlFemaleCanada2006-05-19 16:49:00
US Embassy and Consulate DiscussionAffidavit of support
I'm the USC, sponsoring my Canadian husband. I'm worried, since I don't have a job. I recently moved back to the States after living in Canada for decades. My resume is floating around now, but I don't expect to have a history of pay checks by interview time.

My tax return for 2005 puts me below the poverty line since it was a sabbatical year.

I have normal returns going back 7 years, always self-employed. I have substantial savings and investment assets on both sides of the border.

But without an employer (ever) and without an income (right now), it looks like I'm going into the supermarket and buying what I need on my good looks alone. Should I be lining up a co-sponsor?
Jersey GirlFemaleCanada2006-05-17 20:02:00
US Embassy and Consulate DiscussionAffidavit of support
drelewis, please be sensitive to the private nature of financial information, especially where your mother-in-law is concerned. It may not be appropriate for you to "help" by filling out her I-134. Since it's all about disclosing her income and assets, there's not much help you can provide, anyway. This information is for the U.S. government (not you) and sponsors may have the option to have this form and its supporting evidence delivered to the Embassy sealed from your eyes. For some people, money is more private than sex.
Jersey GirlFemaleCanada2006-05-19 16:09:00
US Embassy and Consulate Discussionaffidavit of support

savings aren't a big deal - its that you are over the required amount - however you get there (earnings/assets whatever is allowable).

Hmmm. I'm not sure it's "anything goes" no matter how you get there. I believe they're looking for a revenue stream, since savings can be easily depleted. Here's a tip on affidavits:

"If you do not have a job or a steady income from other sources (such as retirement income), you will likely have to get a co-sponsor for your spouse, even if your assets are adequate. The USCIS looks VERY CLOSELY at current income and not just the assets."

Maybe we're both saying the same thing: savings are not of paramount importance to them. But it seems a steady income is.
Jersey GirlFemaleCanada2006-05-19 22:40:00
US Embassy and Consulate Discussionaffidavit of support

She is a full time student and also working full time

Which is it? That'll be the question for the people deciding. Frankly, I'd consider geting a co-sponsor as insurance that all goes well.

Edited by Jersey Girl, 19 May 2006 - 04:15 PM.

Jersey GirlFemaleCanada2006-05-19 16:15:00
US Embassy and Consulate DiscussionQuestion on behalf of someone else
A police check show convictions. It doesn't include times he was under suspicion or questioned. He's innocent until proven otherwise. At least that's my understanding. The only place his name might appear is in a closed case file. But that shouldn't affect anything. Since there's not enough time to get another certificate, just be prepared for the outside chance that he'll be asked. The answer is that there wasn't any evidence and the case was dropped.
Jersey GirlFemaleCanada2006-05-22 20:31:00
US Embassy and Consulate Discussionaffidavit of support
You're right, Yodrak, it will be a different experience around the world. The question comes from Australia, though. Would it be a good idea to mention a job offer at the interview there?
Jersey GirlFemaleCanada2006-05-24 18:32:00
US Embassy and Consulate Discussionaffidavit of support
Although I have no knowledge or experience with this, my guess is that it's a bad idea to introduce new evidence at the interview stage. From what I gather here, it's a rubber stamp sort of event where you're asked a few friendly questions and may have to produce originals of documents you photocopied to include with the forms. Why confuse the person behind the window by suddenly telling a new story? It might jeopardize the whole thing when you're only ten seconds away from success.
Jersey GirlFemaleCanada2006-05-24 06:30:00
US Embassy and Consulate DiscussionMedical Argument

I'm going to insist that he stop smoking today. I know it can last forever if someone is a daily smoker, as he unfortunately is.

Is it just me? Or should you be suspicious of someone who blithley says they'll quit right away when they've been a habitual smoker, and you're not around to know any better? You keep asking if a drug test is compulsory but let's face it, the USCIS can do whatever blood tests they want, to satisfy themselves a person is healthy. Smoking drugs is a big deal in the States, whether you agree or not. It should be a red flag to you: are you sure you want to go marry someone who may already to married to Mary Jane?
Jersey GirlFemaleCanada2006-05-24 18:52:00
US Embassy and Consulate DiscussionI-134
I also believe they fill out a separate I-134, providing all their evidence.
Jersey GirlFemaleCanada2006-05-25 09:14:00
US Embassy and Consulate DiscussionSomeone help me please!
Why not go for "the best of all possible worlds," and take the two weeks holiday, visit your fiancee, come back to your job, and ensure you continue your sponsorship? I'm not sure how your plan might be viewed, which is to quit working and let your co-sponsor become the main support. Why shift gears when you're so close to the finish line? You can visit her and keep everything running without a hitch. Have you asked about an unpaid leave of absence? Or a compassionate family leave? You might be able to take off longer (without pay) and still have a job to come back to.

Edited by Jersey Girl, 29 May 2006 - 07:20 AM.

Jersey GirlFemaleCanada2006-05-29 07:20:00
US Embassy and Consulate DiscussionDivorce Decrees
Beware the red seal. In Ontario, it can appear on the Divorce Judgement, which is only the judge's decision. The actual divorce doesn't become final until a month later. We need a certified copy of the final divorce, regardless of what they call it. If you have the original, hold onto it for the interview.
Jersey GirlFemaleCanada2006-06-07 14:16:00
US Embassy and Consulate DiscussionAff. of Support Question
Depends on timing? If you fill out the AOS form this year, and your income tax return for 2005 shows below poverty line, you may need a co-sponsor. But if the AOS form is required in 2007, and you've earned decent money in the second half of this year, you may not need one. I'm guessing. Anybody else?
Jersey GirlFemaleCanada2006-08-06 13:11:00
US Embassy and Consulate DiscussionVISA APPROVED!!!
Congratulations and best of luck from here on!
Jersey GirlFemaleCanada2006-08-15 12:27:00