Forum	Title	Content	Member	Sex	Country	Date/Time
K-3 Spouse Visa Process & Procedures	Can I marry without a K-1?	Hi In a newbie's experience, these folks are VERY informative, my circumstance is not that dissimilar to yours (though our intention is to get married in Dec or Jan). What I will add, refrain from saying "I'm visiting my fiancee" at your boarder crossing. My Canadian Fiance did that last time and literally got the "gears" from the Customs guy...saying girlfriend or friends never resulted in the inquisition he faced that day. Lesson learned! After diving into information here and digesting advice, suggestions, comments...we have a pretty good idea of the path we will undertake. I would suggest READING lots of information...this forum is the most helpful and these folks went through similar (if not the same) processes...which is an invaluable asset to have access to. It might seem overwhelming (I was in tears the first day I started investigating here)...but in a few days, with thoughtful questions and information seeking you WILL feel more confident and have great tools to make the right decision for you and your partner. I hope you continue here and map your progress, it would be a great tool for me to keep an eye on as well as anyother US/CAN couple in similar shoes Best of Luck... BTW...you can marry in Canada OR the US...where you get married is not necessarily where you have to live	Happy2gether	Female	Canada	2010-05-31 10:52:00
K-1 Fiance(e) Visa Process & Procedures	Canadian Fiance going to remain working in Canada	Thank you all...I very much appreciate the discussion. Very informative! I realize our situation may seem a bit out of the ordinary, but his earning capacity is significantly better where he is, and the schedule rotation affords us 14-10 days together at a time (meaning I do not share him with work at all in those times)...which to us is a real plus. Would I love him here all the time, you bet However, in our case, that is not likely for some time. Things might change, for sure, and it makes sense to keep options open. Additionally as he is the primary income earner, our situation is a bit...different...I am guessing than most. IF the K3 visa is available after our wedding, that is what we would obviously prefer...IF We'll see where it goes from here. Further, looking into retirement and pensions etc...we will eventually need to consider the implications of altering citizen statuses. These are some of the ancillary issues we have been looking into before setting forth a complete plan. What a great finds this site was...thank you all	Happy2gether	Female	Canada	2010-05-30 21:56:00
K-1 Fiance(e) Visa Process & Procedures	Canadian Fiance going to remain working in Canada	I wasn't suggesting a change in schedule, just that you may want to consider following your I-130 with an I-129F for spouse when the time comes. This is because if he can obtain a K3 visa, it's actually a better fit to his plans and needs. Oh yes, I understood that... We had always planned to get married Dec 2010/Jan 2011...but with the last boarder crossing hassle...we thought...hmm...what are we missing?? Hence my interest and diving into gathering information on a visa (of some sort) that might smooth his crossing (obviously it does not at this point). I believe your advice to be very sound, it has helped us tremendously. Provided additional information regarding the K3 status is not revealed, the route you prescribed seems to be the most prudent course. If there is a definite phase out of the K3 announced (by that I mean a clear "must be filed by x date to be considered" of some sort)...we may choose to get married earlier to make a cut off...but again, that is an uncertainty. So...we will wait and watch and be more informed and prepared when our time comes I appreciate your direct, rational and very logical discussions.	Happy2gether	Female	Canada	2010-05-30 14:36:00
K-1 Fiance(e) Visa Process & Procedures	Canadian Fiance going to remain working in Canada	Hi Push... I really do appreciate your thoughtful and informative replies. As his being able to come and go is not based on "needing" a visa at this time, it makes sense for us to wait until we had planned to get married (Dec 2010-Jan 2011). As the status of the K3 is in question, getting married sooner (rather than as planned) on the chance that a K3 is possible is not a pragmatic course of action...better to stick with our original plan with the added knowledge of documenting our relationship and make an informed decision in January 2011. With the changing immigration issues, things could look quite different in a few months. I will be watching the dialog and events surrounding the K3 and CR1 issue over the next several months. If a significant benefit arises for us to file sooner rather than later, we can get married at anytime. Otherwise, when our time comes, we'll be able to make a well informed decision, thanks in large part to the information shared here in this forum. I see that you are in Vancouver...as in Washington? If so we are near neighbors! Is there a thread for NEW changes to Visa issues/policies on this forum? With these "modifications" to K3...it might be a useful thread...but I am a newbie!! Again, heartfelt thanks for all the wonderful information, knowledge is indeed power!	Happy2gether	Female	Canada	2010-05-30 11:42:00
K-1 Fiance(e) Visa Process & Procedures	Canadian Fiance going to remain working in Canada	Thank you all... At this point, we have decided to get married in Canada in early 2011. That will give us plenty of time to accomplish our financial goals and plan an appropriate wedding vacation. Based on his work history, it seems he should not have to worry about travel back and forth as long as his intention is always to return to Canada as he is gainfully employed (he will carry most recent pay stub with him from now on). He has a residence there, and will retain it. Applying for either CR1 or the K3 visa at this time (I know there are arguments on both side and disagreements about the current status of the K3). He should have no issues coming back and forth, if he does have issues, I guess we tackle that as it comes. After we get married, there may be a clearer picture of a process that seems to be changing in the moment (again I refer to the CR1 and K3 discussions on this board in other areas). He will no longer say (to Customs at the Vanc. Airport) that he is visiting his fiancee. He just plans to say visiting family and friends. It is truthful, and eliminates the additional questioning that he has occasionally gets in the Vancouver Airport upon entry to the US. The last crossing he was heavily questioned about his intention to return, job history, my financial status, where we plan to live etc. That never happened before, for some reason the Customs guy might have been having a bad day...IDK. I appreciate the conversations here, the discussions on other threads about K3 and CR1 are confusing, I remain hopeful that the next several months to a year will clarify the status of the K3. Never the less, he technically does not need a visa as I see it at this time. We will take to heart the documentation of substantial relationship. WE know we have a substantial relationship, but "proving it to others" did not occur to us (naive I realize now). He will now start keeping a file with his phone records and boarding passes. We will be sure to take pictures of BOTH of us at every visit. We have an email log that I am putting in a binder and will add to it. So...when we are ready to proceed, we have that portion of the documentation prepared. Neither of us is thrilled to be making a trip to Montreal for the interview (unless things change over the months and Vancouver absorbs that roll again for Western Canadians)...so the other thing we plan is to create a savings fund for that trip...we might as well make it a vacation and do it together! The suggestions here are helpful...some shocking discussions and some interesting ones (not this thread but others)...again it is advice and suggestions I am appreciative, my eyes are opened in a new way...a bit ominous seeming but knowledge is power. If there is anyone here who is married to a Canadian (who continues to work in Canada)...I welcome an email and/or further discussion. I would be very curious about your process, and what you may have learned. More to come from me in the future...I welcome my new friends... Again...THANK YOU for the knowledge and information...very enlightening! Alissa	Happy2gether	Female	Canada	2010-05-30 10:54:00
K-1 Fiance(e) Visa Process & Procedures	Canadian Fiance going to remain working in Canada	Hmm...in a link I went to through that link, I saw a note that said interviews were based on resident province. I was just clicking along and found a note that said interview would be in Vancouver if residence is in these specific provinces and honestly the only one I paid attention to was BC.	Happy2gether	Female	Canada	2010-05-29 21:33:00
K-1 Fiance(e) Visa Process & Procedures	Canadian Fiance going to remain working in Canada	I just surfed the Consular's site...Visa Applications are accepted in Vancouver and Montreal, depending on where you reside is where it is processed. http://www.consular....v/vancouver.asp	Happy2gether	Female	Canada	2010-05-29 21:22:00
K-1 Fiance(e) Visa Process & Procedures	Canadian Fiance going to remain working in Canada	Again, great input...so much helpful information. FYI...after digging, I did find out that because he is a resident of BC, his application will be processed in Vancouver BC. According to the information posted on the United States Consulate General of Vancouver it is based on the Province of residence, as he is a BC resident, he will be interviewed in Vancouver. "Applicants must also be residing in British Columbia, Alberta, Saskatchewan, Manitoba, the Yukon or the Northwest Territories. All other applicants in Canada are processed at the U.S. Consulate General in Montreal." Again, as a newbie, I may have understood this wrong, but it seems to make sense.	Happy2gether	Female	Canada	2010-05-29 20:22:00
K-1 Fiance(e) Visa Process & Procedures	Canadian Fiance going to remain working in Canada	Actually, he CAN use his income IF he can document it will remain from the same source after he is issued the visa. Again this is another item that will favor the CR-1 visa over the K-1. Besides the fact he gets a green card right away and can travel, they will submit ONE affidavit of support to the NVC, rather than one to the consulate and one to the USCIS. Actually she woul dsubmit the I-864 with him submitting a joint sponsor or I-864a. The NVC has much more consistent guidelines than the consulates and they use the I-864 and the I-864 guide which specifically allows the immigrant to self sponsor IF he documents his income will remain from the same source. This is available to anyone but not usually practical. In this case it would be. This couple should definitely go the CR-1 route. That was what we thought...he will remain working where he is, in his industry (Natural Gas) it is not uncommon to have fly in jobs or jobs that have longer "on" times, and then consequently longer off times (2 weeks on and off...with travel time tom and from that is still less than half time here in the states at about 12 days to 16 out of 30...make sense?) Anyway, I see the fiance visa is an unnecessary step for us...THANKFULLY. Looks like the CR-1 route will be the most advantageous for our situation Again, I am thankful for the knowledge shared here. Edited by Happy2gether, 29 May 2010 - 07:59 PM.	Happy2gether	Female	Canada	2010-05-29 19:57:00
K-1 Fiance(e) Visa Process & Procedures	Canadian Fiance going to remain working in Canada	lol I understood that it was you meaning "you both" as in US ...and yes...we will do this together ...that made me chuckle	Happy2gether	Female	Canada	2010-05-29 15:06:00
K-1 Fiance(e) Visa Process & Procedures	Canadian Fiance going to remain working in Canada	Thanks...I mistakenly thought that the U.S. Consulates office in Vancouver might be the location of the interview. Hmm...that is an expense we did not consider (expensive flight from Northern BC...much more expensive that coming to the US). Good to compile knowledge now than be ambushed with it later! Much appreciative of the info...heartfelt thanks!!	Happy2gether	Female	Canada	2010-05-29 14:57:00
K-1 Fiance(e) Visa Process & Procedures	Canadian Fiance going to remain working in Canada	Yes, I agree with Darnell. A CR1 visa (Conditional Resident) visa is what you should apply for. So: - First get married - Send the I-130 petition and G-325A biograpic info to USCIS - Once the petition is approved, it's off to the National Visa Center where you will submit the I-864 (affidavit of support) and DS-230. - Once done with NVC you will receive notification that he has an interviewed scheduled in Montreal. At this point he can have the medical at one of the panel physicians (Vancouver, Montreal or Toronto) then he attends the interview. - If the visa is granted he will present this at the border the next time he enters and will become a U.S. PR at that point. Timeframe from start to finish is around 10-12 months. Good luck! Forgive my ignorance, are all the interviews done in Montreal? He lives in BC...would the interview be able to be conducted in Vancouver BC? Again, I have not done all my research...obviously.	Happy2gether	Female	Canada	2010-05-29 14:39:00
K-1 Fiance(e) Visa Process & Procedures	Canadian Fiance going to remain working in Canada	Hmm...lots to look at. It is odd that him being gainfully employed (in Canada) would be such an issue. Again, all input is appreciated. We have time, not necessarily rushing to get married today and we want to be sure we have the paperwork and materials ready for the eventuality. Let me rephrase that...we WOULD get married today but wanted to be sure we were informed about the implications and what might effect his ability to visit up regularly, I hope that makes sense. He will likely make less money down here...which is why he would not want to work down here. Not to sound overly money conscious...but you know...it helps to be able to have a good life Edited by Happy2gether, 29 May 2010 - 02:16 PM.	Happy2gether	Female	Canada	2010-05-29 14:15:00
K-1 Fiance(e) Visa Process & Procedures	Canadian Fiance going to remain working in Canada	Thank you, I will study the link you offered. We were reading up on it and came to the same (or similar conclusion). Obviously, our primary concern is that he be allowed to return for work and then return back here for time with us I appreciate all input...thank you very much. This is an amazingly helpful forum	Happy2gether	Female	Canada	2010-05-29 13:41:00
K-1 Fiance(e) Visa Process & Procedures	Canadian Fiance going to remain working in Canada	Hi and Thanks! He spends less than 50% of his time here in the states, due to travel times it is actually about 10 days here and 20 days in Canada. He is gainfully employed and has an apartment in Canada where he works. Here is the thing, we WANT to get married and both of us want to do things appropriately...and at the same time we can not seem to find the correct process for him to be able to get a proper visa that allows him to return to Canada regularly to work. Your comment "Do you apply for his permanent residency in the U.S. with him working in Canada still (which in theory can be done) -" is us exactly...but how do we get this accomplished. Any ideas? I would think that he is gainfully employed in Canada is an asset but it seems that it presents a challenge. Again, thank you for your time and replies I am very appreciative. Who knew love could be so complicated!	Happy2gether	Female	Canada	2010-05-29 11:56:00
K-1 Fiance(e) Visa Process & Procedures	Canadian Fiance going to remain working in Canada	Hi There...a newbie here and just trying to get a handle on this upcoming challenge. If I have posted in the wrong area, kindly move if necessary...thank you. Does anyone know how this would work. My Canadian Fiance, works in Canada and will keep working in Canada after we are married. He will just come here for 2 weeks at a time, then fly back up for work for 2 weeks. I own about 50% of my house, however I am a homemaker (my youngest child has a disability and her dad pays alimony...I do not have an outside job). He does not need a green card. From what I read, I am confused about how our situation will work. Any direction or pointers will be gratefully appreciated. Thank you in advance...	Happy2gether	Female	Canada	2010-05-29 11:32:00