ForumTitleContentMemberSexCountryDate/Time
K-1 Fiance(e) Visa Process & Procedureshi
You will start with the I-129f by itself. That is sent by the US partner in the US. Once it is approved, the file is transferred to the Consulate in the foreign partner's country. They will send out a package of information stating what is required. This package will say if they need the I-134 (most common) or the I-864. Best to wait and see what information you receive from the US Consulate as that will be the most complete and accurate.

The I-864 will be required after the K-1 is used and the two of you are married. The foreign spouse then needs to apply to adjust their status (AOS) from a non-immigrant fiancee to a Permanent Resident. The US partner has to include the I-864 with the AOS application.
Kathryn41FemaleCanada2009-04-25 22:13:00
K-1 Fiance(e) Visa Process & ProceduresMarriage based immigration- how do I get started?
I think what your fiance's mother's friend was referring to was when you apply for a K-1 fiancee visa and arrive in the States you are required to get married within 90 days as part of the conditions of the visa. The K-1 visa (Fiancee) is one option to take a look at when you are ready. For this visa, the US partner starts the process by petitioning the government (form I-129f) for permission for the non-USA partner to apply for a fiancee visa. When the petition is approved, the file is transferred to the foreign partners country and they then receive information from the US Consulate in their country in charge of fiancee visas. (in Canada, this is either Vancouver or Montreal depending on where in the country your fiance lives). Your partner will gather necessary documents, have a medical, get police records, etc. and attend an interview. The visa is approved or denied based on the interview. That whole process from start to finish can take between 6/7 months to a year. You then have 6 months time in which to use the visa and once you use the visa 90 days in which to get married. One of the things you will also need to do is prove to the Government that you are financially able to support a spouse. It is probably a good idea to wait to file until you are about 8 or 9 months from when you want your fiance to move to the States. That way if the visa goes quickly, he will still have a few months leeway before he needs to use it, and if it goes slowly he won't have to wait too long before he receives it. You might want to take the time now to familiarize yourself with the process by reading the guides, taking a look at the different forms and getting an idea of what the two of you will need to complete the process. Good luck to you both.

Edited by Kathryn41, 25 April 2009 - 10:07 PM.

Kathryn41FemaleCanada2009-04-25 22:06:00
K-1 Fiance(e) Visa Process & Procedureshow to best use the 90 days prior to marriage k-1
Perhaps the OP will totally understand when his fiancee turns around and puts him under close scrutiny, keylogs his computer, monitors his phone calls and spending habits, questions his every move and motivation as well. After all, she is also marrying a foreigner! What is sauce for the goose is also sauce for the gander.

I think the key to a good marriage relationship is treating your partner the way you would like to be treated - with respect, consideration, sensitivity, compassion, integrity . . . well, you can make up your own list. If you end up making a mistake, well you have made a mistake but it won't have been one caused by your own paranoia. And it is always worth remembering that it may be your spouse who ends up believing she has made the mistake
Kathryn41FemaleCanada2007-10-23 23:38:00
K-1 Fiance(e) Visa Process & Procedureshelp, what do i do???
I just wrote "see attached sheet" in the space and then wrote the answer on a second piece of paper that I attached to the first.
Kathryn41FemaleCanada2009-05-02 12:13:00
K-1 Fiance(e) Visa Process & Proceduresilliegal border crossing
His illegal entry and presence will cause a ban. You may be able to overcome this ban with a waiver. See a lawyer for assistance. Good luck to you.
Kathryn41FemaleCanada2009-05-02 12:16:00
K-1 Fiance(e) Visa Process & ProceduresAdvice for a newbie.
Moved from citizenship forum to K-1 forum.
Kathryn41FemaleCanada2009-05-05 22:09:00
K-1 Fiance(e) Visa Process & Proceduresk1 visa
QUOTE (MyE @ Apr 29 2009, 05:44 PM) <{POST_SNAPBACK}>
QUOTE (conquest @ Apr 29 2009, 07:02 AM) <{POST_SNAPBACK}>
When is your interview? What questions do you have? why do you think you need a lawyer?


the embasy gave me an specific date for an interview is that the final intervie i dont understand wasnt it suppose to be when i had all my papers ready , i just dont know what to do pluss on the papers i have to gother they need police certificate of all the places i have being for more then 6 months i have being in and out of bolivia does that count ,another question ...do you have to have the medical exam 5 days before the interview or can it be way before ...please someone help me



If you have lived in Bolivia for more than 6 months at one time then you will need to get a police certificate from them saying if you do or do not have a criminal record in Bolivia. If you have just visited Bolivia for less than 6 months at a time then you do not need a police certificate.

Some Embassies/Consulates set the date even before you have all of your documents ready. They expect that you will have them ready by the time of the interview. If you don't have them all ready at the time of the interview they will not make a decision until after you do submit all of the documents. It is best to have them with you when you go so you get a decision faster.

You just need to have the medical completed. It will be valid for one year so you can have it done earlier than 5 days before the interview. If Peru does it differently I am sure someone will correct me but I don't believe it needs to be at 5 days before - earlier is fine.

The package you received will tell you everything you need to have to bring with you to the interview. While it can be intimidating, you can do this on your own. Make a list of everything that is asked for, then as you get the documents, check them off on your list. You will find you will have it all in order more easily than you think.

You will probably only have one interview so plan on this being your 'final' interview.

Good luck. I hope this helps. Don't hesitate to ask more questions here if you need more help.

Edited by Kathryn41, 29 April 2009 - 05:28 PM.

Kathryn41FemaleCanada2009-04-29 17:25:00
K-1 Fiance(e) Visa Process & ProceduresTraveling to see each other (US and Canada) after...
You should be fine visiting as long as you are prepared each and every time you cross the border to prove you still have strong ties to Canada. Put together an up to date package before each trip that contains things like a letter from your employment showing you are employed and expected back to work on such and such a date; copy of lease or mortgage or a letter from your landlord verifying you have ongoing agreements to rent such and such an address; copies of utility bills, insurance bills, car insurance and ownership papers; loan agreements, anything that shows you have financial and material interests that are best served by remaining in Canada. Include a copy of the I-129f petition and the K-1 application as well to show your intent is to do everything 'by the book'.

I travelled to the US while my K-1 was pending a number of times and was pulled into secondary inspection twice. In both cases they went through my file (and my purse, hehehehe) and then when they saw the K-1 application, closed up the file, handed it back to me and said I was fine.

You can travel as long as you are prepared to prove you have no immigrant intentions on that particular visit. It will still be up to the POE officer but it can be done. Good luck.
Kathryn41FemaleCanada2009-02-22 10:28:00
K-1 Fiance(e) Visa Process & ProceduresCan we get married abroad while K1 pending?
Marriage voids the K-1 and you lose the fees and have to start all over again. If you have legal status in Brazil, you might want to check into the DCF option. This is for married couples and is a fairly fast route. You do need to be married, however, and the US citizen needs to have specific legal status in Brazil, usually for at least 6 months. If you meet this criteria you might want to consider a DCF. If you don't meet the DCF criteria, then no, don't get married and just continue with the K-1.

Edited by Kathryn41, 04 May 2009 - 02:30 PM.

Kathryn41FemaleCanada2009-05-04 14:29:00
K-1 Fiance(e) Visa Process & Procedureswhen can we marry?
Yes, getting married on June 12 would be a problem. She needs to be married before June 11 or the K-1 status will no longer be valid for the next stage of her immigration process. If you marry June 12 then you will have to file an I-130 when she files the I-485 and she would adjust status under a different category than as a fiance. It will be a longer and more expensive process and she would have to explain at the interview why she let her I-94 expire before getting married. Basically, it is failing to fulfill the condition of the K-1 visa to get married within 90 days.

I know that you would like to have a special anniversary date for both your meeting and your marriage, but you will put so much at risk by waiting just that one extra day. She needs to be married BEFORE the I-94 card - the one that says June 11th - expires on June 11th. Why not get married before June 11 and have a special party to celebrate the marriage on June 12th instead?

Edited by Kathryn41, 17 May 2009 - 07:17 PM.

Kathryn41FemaleCanada2009-05-17 19:11:00
K-1 Fiance(e) Visa Process & ProceduresConfused :(
Did you two intend to marry or were thinking of getting married when your fiance entered the US on this visit? If yes, then he will need to process a visa to the US from outside of the US, although you can visit during the process. If no, then you two have the option to get married now and he can stay in the US to file for Adjustment of Status from a non-immigrant to immigrant.

If you two had the intention of getting married when he entered the US, then you can get married and pursue a CR-1 visa using the proccess Yu and Dan outlined above. He is not allowed to remain in the US and adjust status (that means get permission to stay permanently in the US). To do so is visa fraud - intentionally using the wrong visa (as a visitor) to enter the US to avoid the proper immigration process. It carries significant bans and if he lies about his intentions during the process, can also receive a lifelong ban of ever entering the US - so you don't want to go that route.

If you did not have the intention of getting married when he entered the US and you two decided to get married after he was here, he us allowed to get married then request a change of his status so that he can be allowed to remain in the US. To do that the US partner petitions the government to sponsor the non-US partner by filing an I-130 petition at the same time as the non-US partner files an I-485 application (AOS) to adjust status from a non-immigrant to an immigrant. He can also apply for work authorization and advance parole (travel permission) at the same time as the AOS. Once he files the AOS he cannot leave the US until he receives either a green card or Advance Parole (travel permission), even to visit Canada or even for an emergency back home.

The US partner must make at least 125% of the poverty guidelines or else has a third person who agrees to be a financial co-sponsor. That third person needs to make sufficient income to support the immigrant as well as any other individuals for which they are financially responsible.

If you wish to immigrate to Canada, the process is somewhat similar. The Canadian partner sponsors the non-Canadian spouse to Canada: Here is a link to the process of a spouse moving to Canada: http://www.cic.gc.ca...nsor/spouse.asp

Good luck - and be prepared to do a lot of reading and research.

And yes - the Canadian partner will definitely need a passport - not only for travel purposes (especially after June 1), but also it will be required during the immigration process. It is always an excellent idea for any individual who is out of their home country to have a passport.

Edited by Kathryn41, 18 May 2009 - 04:30 PM.

Kathryn41FemaleCanada2009-05-18 16:25:00
K-1 Fiance(e) Visa Process & ProceduresRFE?
I suspect you will be fine.
Kathryn41FemaleCanada2009-05-19 13:27:00
K-1 Fiance(e) Visa Process & ProceduresNew and waiting
After a while you will find yourself fighting the urge to 'play' with those naysayers who ask if she is marrying you for a green card. I know my husband was tempted to respond to such inquiries with 'Not at all - she is marrying me for my body and I am marrying her for her money'. You can make up your own response along similar lines, if you like. Such questions and comments are rude and should not be taken seriously - so try not to - have fun with them instead.

Good luck on your visa journey - may it be quick and easy - or as quick and easy as USCIS allows it to be.
Kathryn41FemaleCanada2009-05-19 16:36:00
K-1 Fiance(e) Visa Process & ProceduresQuestion about K1 and changing status
To do a DCF it isn't just enough to live for 6 months in another country - you need to have legal status in the other country for those 6 months as well and you need to be able to verify that status to the US Consulate.
Kathryn41FemaleCanada2009-05-20 19:44:00
K-1 Fiance(e) Visa Process & ProceduresVISA NOT COMPLETELY DENIED
Wow! Definitely talk to a lawyer and you might also want to contact your Senator and lay out the facts of the situation before him. This is totally inappropriate. Good luck to you.
Kathryn41FemaleCanada2009-05-24 17:37:00
K-1 Fiance(e) Visa Process & Proceduresmarriage or fiancé visa?
If you are in the US and entered with no intent of getting married when you entered, you can stay and apply to adjust status from within the US. When you apply for AOS you also apply for EAD (employment authorization document). The EAD will take about 90 days to be approved and you are not allowed to work without it. As well, you would not be elligible for a SSN until you have the EAD so that would add another week or so to the time that you would not be allowed to work.

If you file for a K-1 visa, you would enter the US after receiving the K-1 and be able to get a SSN in about 2 weeks. However, you are still not able to work as you would require the EAD, and you can't get the EAD until you file for AOS and the EAD at the same time. Again, it would take about 90 days to come in. You cannot file for AOS until you are married.

If you get married and return to Canada for the CRI, you would remain in Canada (visits are allowed) during the processing but you would receive your green card when you crossed the border. Then you would just need to wait about 2 weeks so your information is in the computer system and you can apply for a SSN and go to work.

So, a wait will be required before you can work regardless of whatever process you use. If you need to work, you can work in Canada while waiting for the K-1 or the CR-1 (depending on whether or not you get married first). With the K-1 you would still have about 3 months unemployed in the US before you could work. With the CR-1 you would be eligible to work almost right away.

Those are your options.

Edited by Kathryn41, 04 May 2009 - 05:39 PM.

Kathryn41FemaleCanada2009-05-04 17:38:00
K-1 Fiance(e) Visa Process & ProceduresG-325A, Biographic Information forms
All four pages have to have original signatures so scanning/faxing a signed form won't work.
Kathryn41FemaleCanada2009-05-26 17:42:00
K-1 Fiance(e) Visa Process & ProceduresWorries about timeline and considering options, need immediate HELP!
You have received good advice here - and it's not from your lawyers. The lawyers will not have to suffer the consequences of a visa fraud situation and they may even benefit from it if they can convince you to hire their services if and when the fraud is detected - you and your spouse, however, are on the front line to suffer the consequences of a life time permanent ban. It is not worth the time saved or the money saved when you stack it up against what you have to lose. Send in the K-1 and go through the process legally - it is a lot less worrying in the long term - and that is what you are ultimately after - the long term of a legal, permanent and happy life together here in the US.

Edited by Kathryn41, 29 April 2009 - 05:36 PM.

Kathryn41FemaleCanada2009-04-29 17:33:00
K-1 Fiance(e) Visa Process & ProceduresOnce approved,leave the US?
When she has her green card (the AOS application) she can travel and return to the US without a problem as long as she is not away from the US for more than 6 months. There is a special permission required if she plans to be away longer than 6 months (and not more than 2 years). She is also able to travel during the AOS process when she receives her AP (advanced parole) - filed at the same time as AOS on form I-131.

She will be a permanent resident until she applies for US citizenshp. She is allowed to apply for US citizenship 3 years after she receives her green card. Once she is a US citizen she is allowed to apply for a US passport. Until then she needs to keep her current citizen's passport for travel purposes, so yes, renew it when it comes due.
Kathryn41FemaleCanada2009-05-27 17:52:00
K-1 Fiance(e) Visa Process & ProceduresCan I marry and stay while on a tourist visa?
QUOTE (shaimore @ May 28 2009, 12:42 PM) <{POST_SNAPBACK}>
QUOTE (pushbrk @ Jun 30 2008, 08:38 PM) <{POST_SNAPBACK}>
QUOTE (liam07 @ Jun 30 2008, 03:28 PM) <{POST_SNAPBACK}>
Hi all,
My girlfriend is American and we want to progress our relationship. We have seen each other for nearly 4 years on and off. She wants me to come over but it will be a month before I get back to my home country and then I will need to appy for a tourist visa.
My question is can I marry her while I'm there on a tourist visa (3 months) and if so will I be able to stay there while it is changed status to a K-1 fincee visa? Or is my best bet to apply for the K-1 as soon as I get back to my home counrty? Can she start the process before I arrive home?


You can come here on a tourist visa and marry but once married, you cannot obtain a K1 fiance visa because you're married. Yes, you can stay for as long as your I-94 allows to wait out that much of the spouse visa process but you may not stay and adjust status to permanent resident or work. This is because to enter on a tourist visa with the intent to circumvent US visa law my marrying AND ATTEMPTING to adjust status based on that marriage is visa fraud.

Marriage isn't the problem. Illegal immigration is.


Hi i come to visit my friend in US while i was working in Canada when my long lost friend back in 2005 heard me coming to visit my friend he tooks off to see me then i returned to Canada to work it happend that my employer will go away because of their house renovation and they give me a choice where i am going to stay so i ask them if i can have my chance seeing my friends in US...so i come over here and of course have a plan to go back to Canada before my I-94 expired but then it happend a friend of mind always seeing me while im on my vacationa and bring me anywhere so we develop eah other and have an affair and because of that we fell in love and we get married ...i am on the processed of my papers to send to the immigration do you think guys i can have a problem..where is i didnt plan to stay here and marry him for i rather to have my job.


In this case where you entered the US as a visitor and had no intention of getting married and staying when you entered, it is not considered visa fraud. There was no intention to avoid the immigration process - you met, fell in love and married while already here. You are allowed to apply to adjust status while in the US but you will have to be able to prove that you had no intent of marrying and staying when you first entered. As well, if the AOS is denied you have no right of appeal of the decision.
Kathryn41FemaleCanada2009-05-28 12:26:00
K-1 Fiance(e) Visa Process & ProceduresCan I marry and stay while on a tourist visa?
QUOTE (msu17 @ Jun 30 2008, 07:06 PM) <{POST_SNAPBACK}>
Yes you can marry her when you are here, but its very risky to stay. Tourist visa's and VWP aren't to be used to move to the US. If you did marry when here, you would need to file a spousal visa, which a K1 is NOT. K1 is for FIANCE's, ie unmarried people. Being married would be automatic denial of the K1, a waste of time and money. To file the K1, you would have to wait until you were approved and moved to the US to marry



It's not just risky to marry and apply to stay when you enter with the intent of doing so - it is illegal. It is called visa fraud - knowingly using a visa issued for one purpose -a visit - for another purpose - to stay - in order to circumvent the regular immigration process. As had been said above, you can apply for a K-1 and she can marry when she gets here on the K-1, or you can get married beforehand and then apply for the K-3 or CR-1 (much better choice) which are processed outside of the country. When she gets the visa she is then allowed to enter and remain in the US.
Kathryn41FemaleCanada2009-05-28 12:23:00
K-1 Fiance(e) Visa Process & ProceduresPoint of Entry Date
The medical is valid for a year after its completion date. After marriage on a K-1 visa, your partner needs to apply for Adjustment of Status from the non-immigrant fiancee to an immigrant. If the medical was done within the year of the date he applies for AOS he doesn't need a new medical. If the medical is older than a year when he applies for AOS he needs a new medical.

Your plans sound fine - once the K-1 visa is issued it has to be used within 6 months so that gives him time to give notice and make his preparations. Once he arrives you have to marry within 90 days. It is best to file for the AOS as soon after the marriage as you can. He shouldn't have any problems with his medical expiring on this schedule.
Kathryn41FemaleCanada2009-05-27 10:27:00
K-1 Fiance(e) Visa Process & ProceduresGirlfriend has a multiple entry visa - can she visit and marry me instead of doing a k1?
QUOTE (recentlymarried!! @ Jun 2 2009, 02:27 PM) <{POST_SNAPBACK}>
QUOTE (Gary and Alla @ Jun 2 2009, 12:05 AM) <{POST_SNAPBACK}>
QUOTE (Steve Finley @ Jun 2 2009, 12:55 AM) <{POST_SNAPBACK}>
My girlfriend lives in the Philippines. While we have not yet visited in person, through our communications, we are both certain we wish to marry. Normally, I'd go visit her and then get her a fiance visa to come here and marry me. However, she already has a multiple entry visa she and her parents got to visit family in the states. In fact, she has been to Los Angeles before.

Now, since she has the visa to come visit here, could we skip the usual lost time and funds related to processing a fiance visa and just have her come visit on her multiple entry visa and marry me while she's here? Then could she stay? Could it be done that way? We'd hate to wait for me to go see her, only then to wait six more months for a fiance visa to go through, not to mention the costs of it all, plus a round trip ticket for me, etc., etc. I'd love to know that we could skip the usual drawn out process if possible! Thanks to anyone who has some answers.

Steve


Anyone can enter on a tourist visa and get married. You can then apply for a K-3 or CR-1. When her visa visit period expires your wife will have to return to the Phillipines and wait for her K-3 or CR-1 visa to be processed, go to the interview in Manilla, etc., etc. Marriage and immigration are two different things.

It is visa fraud to enter the US on a tourist visa with the intent to get married and adjust status from a tourist visa.


Hi,

i just wanted to reply as i am "one of those" people who happened to get married to my fiance whilst here on a tourist visa from Australia.
I was on one of my visiting trips and he proposed to me, we made a last minute decision (after getting advice from 2 immigration lawyers in NY and LA) that instead of coming and going back and forth (as we had done a lot the past 2 years, and since my job in australia had finished) we would get married. We got married in the last week of my tourist visa and i have since adjusted status.
We have a genuine bonafide marriage, and we have known each other 3 years, so i guess it is slightly different to you in that you have never met your GF???
It CAN be considered visa fraud, especially if you land in the states and marry the next day! BUT it isn't illegal. Everyone has different experiences and i know my experience is certainly NOT visa fraud.

But in your case i do agree with people on his thread and do the fiance visa. In fact, i would even say you guys should meet first and spend some time together.

HOpefully that helps??
smile.gif



Actually, your situation is entirely different. You entered the US with no intentions of getting married and adjusting status. That is legal. The OP is suggesting entering the US with the intention of getting married and adjusting status. That is illegal. It is a big difference.

Edited by Kathryn41, 02 June 2009 - 02:31 PM.

Kathryn41FemaleCanada2009-06-02 14:31:00
K-1 Fiance(e) Visa Process & ProceduresSurprisingly quick (if it happens!)
NOA1 is basically your receipt saying they have received your application. 2 days is very quick, however, if someone express posted overnighted the application and it was received the next day and the notice sent out right away it is possible they could receive the NOA1 within 2 days. It is more common to get it a few days to a week after mailing. Come to think of it, our I-129f petition was mailed June 16 and the NOA1 was dated June 19th - although we didn't receive it on the 19th, but a few days after that. This was back in 2003.

QUOTE (usagroom @ May 30 2009, 04:34 PM) <{POST_SNAPBACK}>
QUOTE (Kathryn41 @ May 30 2009, 12:22 PM) <{POST_SNAPBACK}>
At the very best you 'might' have NOA1 - the approval of the I-129f petition by August. That is only phase 1 of a two phase process. After the NOA1 the process moves to your home country where you need to gather a lot of information, fill out a lot of forms and have an interview at the US Consulate before the K-1 is issued. If your lawyer is willing to bet money that you have your K-1 by August take that bet - you'll win because, I am sorry to say, the process has never been that quick - ever.
You mean NOA2. NOA1 means they got your filing and check.



Oops - you're right, I meant NOA2.
Kathryn41FemaleCanada2009-05-30 17:00:00
K-1 Fiance(e) Visa Process & ProceduresSurprisingly quick (if it happens!)
At the very best you 'might' have NOA1 - the approval of the I-129f petition by August. That is only phase 1 of a two phase process. After the NOA1 the process moves to your home country where you need to gather a lot of information, fill out a lot of forms and have an interview at the US Consulate before the K-1 is issued. If your lawyer is willing to bet money that you have your K-1 by August take that bet - you'll win because, I am sorry to say, the process has never been that quick - ever.

Edited by Kathryn41, 30 May 2009 - 12:25 PM.

Kathryn41FemaleCanada2009-05-30 12:22:00
K-1 Fiance(e) Visa Process & ProceduresI need help.. plz
Duplicate threads merged so all information is in one location and duplicated post removed.

Edited by Kathryn41, 04 June 2009 - 06:03 PM.

Kathryn41FemaleCanada2009-06-04 18:02:00
K-1 Fiance(e) Visa Process & Proceduresfinancial support
That sounds like a useful way of keeping them organized. Bring them to the interview and have them available if you need them. You may not.
Kathryn41FemaleCanada2009-06-07 09:39:00
K-1 Fiance(e) Visa Process & Proceduresoverstay and status change?
First, the lawyers who said that Canadians are exempt from most immigration pitfalls are wrong. There are no exceptions for Canadians - they fall under the same immigration rules as everyone else does once they enter the immigration process.

Canadians are allowed to visit the US for a maximum of 6 months at a time. If your fiancee entered last year she is now out of status. Currently she is in the US illegally, however there are steps you can take to correct this since she entered legally as a visitor.

The only way she can remain legally in the US is as your wife. That means her divorce needs to be finalized and the two of you marry and apply to adjust her status from within the US. You do that by filing an I-130 form and an I-485 along with the other necessary documents. You can read up on the guides in the "adjusting from a tourist, student or work visa" here on VJ. She cannot leave the US until she has her green card or they will not allow her back into the US and you will have to start all over again. This option is legal only if she entered the US with no intention of getting married. Already being married when she entered does make that one a bit easier to support. If she entered the US with the intention of marrying you then that would be considered visa fraud and is illegal.

The other options require her to leave the US and if you are going to pursue those she should leave asap before she incurs any further out of status days. After 180 out of status days she immediately incurs a 3 year ban on re-entry to the US. After a year of out of status days the ban increases to 10 years.

For all of these options she needs to be divorced and free to marry you. One is the fiancee visa. You file an I-129 f petition in the US. Once that is approved stage 2 moves to Canada and is handled by the US Consulate in either Montreal or Vancouver. She options her security clearance, her medical, a number of relevant documents, has an interview and when she is approved re-enters the US. You then have to marry within 90 days. She then has to adjust status (form I-485) to get her green card.

The other option is to get married and apply for a CR-1 visa. You submit the I-130 petition in the US, then once again the processing moves to the US Consulate in Canada. Again she needs security clearance, medical, relevant documents and forms and has an interview. Once she is approved she enters the US as a permanent resident nd receives her green card.

After 3 years of being a permanent resident married to the same US citizen she is allowed to apply for US citizenship.

You will find a lot of useful information in the guides at the top of the various forums. Don't believe anyone - including a lawyer - who says Canadians are exempt from most immigration processes. We're not and you can get into deep trouble by not following the appropriate immigration process. Good luck.

Edited by Kathryn41, 10 June 2009 - 06:30 PM.

Kathryn41FemaleCanada2009-06-10 18:25:00
K-1 Fiance(e) Visa Process & ProceduresImportant topic
I have to agree with Rebeccajo - being turned back at the border for not being able to prove sufficient ties to Canada will have absolutely no effect on the K-1 visa - as long as she is honest about being turned back when asked. Lying at the border or lying about what happened at the border does have serious repercussions.

I crossed a number of times while waiting for my K-1 and each and every time I mentioned I was visiting my fiance. I had proof of my ties to Canada as well as a copy of our petition and our paperwork for the K-1. While I was pulled into secondary twice, once they saw the K-1 paperwork, they closed up the file and said I was good to go, so carrying the paperwork to show your intention of following the immigration process is a good idea. Saying you are visiting your boyfriend when you are visiting your fiance and carrying the paperwork to show you have applied for a fiance visa could leave you open to misrepresentation or trying to 'hide' the truth. You definitely don't want to go there.

The one other concern I have with the OPs plan is that she intends to ride down with her father in his transport truck. If she is stopped at the border, is her Dad prepared to have the transport truck searched or have to either delay his own trip or leave his daughter behind at the border if she is denied entry? These are all issues that the OP really needs to consider. While it might be convenient for her to enter this way if all goes well, if all does not go well it could be a real problem. A return trip ticket might be a better choice.
Kathryn41FemaleCanada2009-05-26 21:56:00
K-1 Fiance(e) Visa Process & ProceduresImportant topic
Inappropriate posts removed. Personal attacks are against TOS and add nothing to the discussion.
Kathryn41FemaleCanada2009-05-26 20:18:00
K-1 Fiance(e) Visa Process & ProceduresNeed visajourney members imput
Cashing your cheque means that they have received your package and it appears to be relatively complete. They will take your money whether they approve or deny your application so no, cashing your cheque doesn't mean you have been approved. When you receive the 2nd notice from them (the first NOA is a receipt notice), it will then tell you whether or not your petition is approved. They may still send you an RFE - but they will cash your cheque whether they do or don't.

Edited by Kathryn41, 11 June 2009 - 02:32 PM.

Kathryn41FemaleCanada2009-06-11 14:32:00
K-1 Fiance(e) Visa Process & Proceduresvisitor visa interview
Have him bring lots of proof of ties to home - if he owns property, bring the deeds; if he has a job and is using vacation time to visit bring a letter from his employer authorizing him to be away from such and such a date; things like that. The stronger evidence he can provide that he is only a visitor and has ties that need his physical presence back home the easier it will be for him to get a visitor's visa. Good luck
Kathryn41FemaleCanada2009-06-08 15:29:00
K-1 Fiance(e) Visa Process & Procedureshow many people cancel their petition...more info inside...
This thread has gone significantly off topic for quite some time and some of the posts were definitely out of line. I am closing this thread as there seems to be no more useful discussion that can take place.
Kathryn41FemaleCanada2009-06-14 22:40:00
K-1 Fiance(e) Visa Process & ProceduresShould I marry my girl before trying to come to USA?
As others have mentioned it is a serious violation of the Terms of Service of VJ to recommend or suggest any illegal immigration activity.
Kathryn41FemaleCanada2009-06-16 20:51:00
K-1 Fiance(e) Visa Process & Procedureswhat i feel!
((((((((((((((((babykim))))))))))))))))))

Of course you are feeling sad - it is so natural. You are leaving your country and your family behind to travel many thousands of miles to be with the man you love. This is a major, major change in your life - and of course, you are feeling happy knowing that soon you will be with the man you love. The next few months you will find yourself going through these same emotions over and over again - it is very normal. Be strong, know that you are able to take this brave step and that you will always have your friends and family - even if they are far away - nothing will ever change that. You are creating a new life for yourself and these are its birth pains. And like with the birth of a baby, may these tears lead to more joy than sadness as you enter into your new life in the US. Good luck to you- and safe travel.
Kathryn41FemaleCanada2009-06-21 17:10:00
K-1 Fiance(e) Visa Process & ProceduresImportant Advice for NEW K1 Filers
Watch it with the insults and personal attacks or this thread will be closed.

Edited by Kathryn41, 22 June 2009 - 11:12 AM.

Kathryn41FemaleCanada2009-06-22 11:12:00
K-1 Fiance(e) Visa Process & ProceduresBias against Brazillians
Speaking as a Canadian I know that they sure didn't process our application faster - it seemed like people from every other country in the world were getting approved before we were. We were well outside of the processing date when they finally approved us - and I know other Canadians as well who ended up waiting long times for petition and visa approvals. It just seems like you are being singled out but you're not - we are all equally subject to the inefficiencies of the system.
Kathryn41FemaleCanada2009-06-24 22:20:00
K-1 Fiance(e) Visa Process & Procedureshiring an attorney?
No, the denial of a tourist visa for not having sufficient ties shouldn't cause any problems with the K-1. Just make sure she does admit to that denial on the application. The denial shouldn't be a problem, but not telling the truth about the denial would be.
Kathryn41FemaleCanada2009-06-23 15:25:00
K-1 Fiance(e) Visa Process & ProceduresWould you let him take a crap on you?
Moved from Off Topic to K-1 forum as more appropriate
Kathryn41FemaleCanada2009-05-28 18:51:00
K-1 Fiance(e) Visa Process & ProceduresHe is 65 and She is 23
After review, this topic will remain closed for TOS violations.
Kathryn41FemaleCanada2009-06-30 15:25:00