Forum	Title	Content	Member	Sex	Country	Date/Time
K-1 Fiance(e) Visa Process & Procedures	I'm in UK, pregnant but fiance is a permanent resident. I want to have my child in USA. What are my options.	Thnaks everybody, I think the best way forward is for my fiance to apply for his citizenship and then go ahead and file for a K-visa for me. One last question, once the k-visa is appoved do we have to get married in USA or can we get married elsewhere??? It has always been our plan to get married in Nigeria which is where our parents are from. If you get a K-1, you must get married in the US. If that doesn't work for you, you can get married anywhere in the world that you want. Don't know what it takes for a legal marriage in Nigeria, but after that happens you can file an I-130 and pursue either the K-3 visa route or continue for a CR-1 visa. Be aware that the interview for a K-3 visa takes place in the country where the marriage took place. I wouldn't think choosing Lagos for your intervew would be a good idea.	zyggy	Not Telling	Canada	2006-07-27 09:08:00
K-1 Fiance(e) Visa Process & Procedures	I'm in UK, pregnant but fiance is a permanent resident. I want to have my child in USA. What are my options.	How exactly do you expect to be allowed in for the purpose of having a baby without insurance... besides the fact of it impacting your and your baby's health by flying so close to delivery... The CBP is very aware of anchor babies and it will not fly... Have the baby in the UK.. when you're ready to come to the US, he can file for an I-130 for both of you. The baby will be a US Citizen upon entry on the Immigrant Visa.	zyggy	Not Telling	Canada	2006-07-27 07:30:00
K-1 Fiance(e) Visa Process & Procedures	Crossing the Border to Work In Canada	No... An Alien is unable to return to the US once they have left until AP has been approved. That is taking 3 to 4 months to get... Edited by zyggy, 02 August 2006 - 02:36 PM.	zyggy	Not Telling	Canada	2006-08-02 14:34:00
K-1 Fiance(e) Visa Process & Procedures	Filing K1 from outside of the United States; will this slow down the process?	Trust me... In Singapore DCF will definitely be a faster process than K1. You may be able to get it done in 2 to 4 months. Definitely the way to go in your case... That only cases where it may be slower is in high fraud locations. Since SIngapore is not a high fraud post, it will be a quicker, better way to the US. But with only 2 months, you will have to be separated for some length of time... Edited by zyggy, 03 August 2006 - 11:42 AM.	zyggy	Not Telling	Canada	2006-08-03 11:40:00
K-1 Fiance(e) Visa Process & Procedures	Filing K1 from outside of the United States; will this slow down the process?	The K1 process takes alot longer than 2 months time... There may be a better way for you if you are legally resident in Singapore. Is is possible for you to get married in Singapore.. If so, you should be able to file an I-130 directly at the consulate through a process known here as DCF. Please go to the DCF forum to find out more information. This is a better way to get to the US as it results in Permanet Resident Status upon entry into the US. Edited by zyggy, 03 August 2006 - 10:02 AM.	zyggy	Not Telling	Canada	2006-08-03 10:01:00
K-1 Fiance(e) Visa Process & Procedures	Religious wedding first?	Marriage is marriage whether it is done with religious rituals or by the civil authority. You are husband and wife after marriage regardless of it is done along with religious ceremony or it is done by civil authority. You should get married after you arrive in the US, as it is a must for K-1. It is a clear violation of K-1, if you marry in your country and then hide it during the interview. You could be denied visa based on this fact. So why do you wanna mess it up? If you want to marry in your country in front of your families and with religious ceremony, CR-1 and K-3 options are available for you. Should you decide to marry first in your country, then you can go for CR-1 and K-3. Actually that's not exactly true... In countries with a common law tradition (English based law), this is generally the case in that the civil authorities recognize the religious ceremony as legally binding In countries with a Code Civil based tradition (French based law), there is distinct difference between a civil marriage and a religious marriage. The civil marriage is the only one recognized by the state and therefore is the only one recognized by the US Government as the valid marriage.. The trouble comes from trying to PROVE that there isn't a valid marriage in place. Sorry to tell everyone this, but people lie... As a CBP officer or a Consular Officer, if someone told me that they had a religious ceremony, but no civil marriage, I would take that with a healthy dose of skepticism and force the individual to prove that they weren't civilly married. When you're standing at the POE, there isn't time to get that proof... your visa will just be cancelled and you'll be sent back home... Edited by zyggy, 17 April 2006 - 10:04 AM.	zyggy	Not Telling	Canada	2006-04-17 10:03:00
K-1 Fiance(e) Visa Process & Procedures	Religious wedding first?	As Ari said, you would HAVE TO BE SURE that the religious ceremony did not in any way constitute a legal marriage. Also as he said, it is possible that these ceremonies sometimes do get misinterpreted by the CO's and it delays things...and sometimes people do things this way, and it doesn't delay anything. I think you will get more replies, but in the end you will have to consider things for yourself. What I, personally, would do if I wanted to do this, was not even mention the religious ceremony. I do not in ANY way condone lying to a CO(or anyone) but you wouldn't be lying..all they want to know is if you are legally married or not..if you know for an absolute fact that you wouldn't be..there's no problem..so why even bring it up and have the possibility of problems from them? JMO. Good luck! M. Want my advice.. don't do it... there are too many ways that you could slip up.. you need to keep your eyes on what is truly important.. and that is to get yourself into the US as easily as possible. to do anything that may be misconstrued is absolutely foolish.. And it's isn't only the CO and the consulate that you have to satisfy... it's the CBP as well... I have seen people who have had only "religious" marriages get sent back home because the CBP wasn't convinced that there was only a "religious" marriage involved and that the "religious" marriage wasn't a legal marriage... Remember.. it's easy to prove that you are married... it's difficult to prove that you are not. A CO may know the rules in a home country, a CBP officer only know the rules in the US and doesn't care to split hairs over what is considered a legal marriage in the home country or not.. in their eyes, if it looks like a duck, if it walks like a duck and it quacks like a duck.. it's a duck... no matter which way you spin it... And remember that you still will have to talk to the USCIS in the future... they're in the same boat as CBP as far as legallity of marrige is concerned... Question : When were you married? Husband : January 21 Wife: June 30 So which is it? There are just too many ways that things can go wrong... don't walk into a potential trap... get married first civilly in the US and then go back home for the religious ceremony if you wish at a later date... Edited by zyggy, 17 April 2006 - 06:55 AM.	zyggy	Not Telling	Canada	2006-04-17 06:55:00
K-1 Fiance(e) Visa Process & Procedures	Do I even need a K1 as a Canadian?	Ziggy ... "Just where it asks for an I-94 number, just state "Canadian Citizen". and for the date just put down the date that you entered the US. USCIS knows that Canadian Citizens are not issued I-94's when they enter the US and knows how to deal with your situation." Should I take this advice too on the I-129F? I was going to put the date I entered and then estimate months as the "Date Authorized stay expires" Yes... Edited by zyggy, 04 August 2006 - 02:28 PM.	zyggy	Not Telling	Canada	2006-08-04 14:27:00
K-1 Fiance(e) Visa Process & Procedures	Do I even need a K1 as a Canadian?	You seem really fixated on this Carribean thing... why is it so important to you to be married THERE? There are beaches and resorts aplenty in the US - you could be married in Florida or Hawaii... it just seems to me that since you are already legally present in the United States with your fiance, you have something that most of the people on this board have fought hard for, so why jeopardise it? It's August - if you married him in front of a JP next week and applied for AOS/AP right away, you should have the permission you need to leave the country safely by January. Then you could have your big 'destination' wedding and all the hoopla you wanted without risking a ban or eviction from the US. As I've previously posted, there is a very good reason that a specific country in the Caribbean was chosen. We can't easily change destinations. As for the AP, I did not realize that I could get it done by the end of the year. The question now is whether I am allowed to file for all that good stuff without a I94 and without any documentary evidency of a B2 status. Sure... you can get married by a JP and file for the forms now. Just where it asks for an I-94 number, just state "Canadian Citizen". and for the date just put down the date that you entered the US. USCIS knows that Canadian Citizens are not issued I-94's when they enter the US and knows how to deal with your situation. I wish you nothing but the best of wishes and luck... Edited by zyggy, 04 August 2006 - 01:32 PM.	zyggy	Not Telling	Canada	2006-08-04 13:29:00
K-1 Fiance(e) Visa Process & Procedures	Do I even need a K1 as a Canadian?	That's all fine and good... but be aware of this... When one is applying entrance to the USA, you leave your legal rights at the door. The INA allws the CBP officer to be judge, jury and executioner when determining who is permitted in the US and who is not. All the case citations and legalese that you apply at the border is not going to amount to a hill of beans. If the CBP doesn't want you in, they're not going to let you in and there is no one to get or force them to change their decision. With all due respect, this is incorrect. You certainly have a number of legal rights that are clearly defined in the statutes as well as in case law. If you specific situation is governed by one of these, the border patrol officers are given no discretion in the matter and the officers' desire to take law into their own hands can have rather severe consequences for them. It is certainly true, however, that many situations fall in the gray area and, consequently, border patrol officers are given REASONABLE discretion under the law to make a number of important decisions. Once again, the discretion than they have under the law that we are aware of is "reasonable" rather than "sole and absolute," which has a number of important legal implications for them as well as for us. In the event that they are deemed to have abused their discretion, the consequences for them can be quite severe. I'm afraid I don't read where it states "reasonable" in the INA. It just states at the discretion of the officer. THe CBP officer does not need to make a reasonable determination. If it's his feeling that you are lying, being mistruthful, or in any way shape or form not eligible to enter the US, then you aren't getting in. And it's completely up to one person on what evidence to accept, how its interpreted, and how the INA is interpreted. The law is written to keep people out and leaves the decision on who get's in up to the CBP officer and only the CBP officer. The only individual a CBP officer can't deny entry to by law is a US Citizen. Yes, it is certainly always possible to run across a border patrol officer who thinks that all the case citations and statutory authority are a "hill of beans" or less. It is just as possible to be pulled over by a police officer who thinks that all your consitutional rights don't amount to much more than that. In either case, you will be in a boatload of trouble and all the subsequent disciplinary actions levied against the officers and/or potential civil rights lawsuits against them won't reverse the grief that they'll end up giving you. I happen to believe, however, and my experience tells me that the vast majority of the people out there, including border patrol and police officers, are decent people who really want to do the right thing. So, all I can do is make sure that my approach is fundamentally legal and sound (which is the reason that I posted here in the first place and will also double check with a lawyer on this). If that's the case, all I can do is hope that I don't happen to run into a rogue border patrol or a police officer or, for that matter, any other law enforcement officer who doesn't care about the law. This is where your logic falls flat. Once you enter the US, the decisions of law enforcement officers are subject to judicial review. At a POE, the INA took away any judicial review in regards to entry to the US and leaves the decision of who get allowed entry to the US to the CBP officer. So if a CBP officer denys you.. it doesn't matter.. you can complain all you want, but their decision stands. CBP officers do care about the law.. it's their responsibility to enforce the INA. If it were me and you came before me, I would deny you entry for the reasons I have given and the INA backs me up on that decision. What you don't seem to understand is that there is no higher appeal power you can go to when your standing at the POE. The only power is in the hands of that CBP officer in permitting entry or denying it. I'm sorry that you don't get that... You seem to think by quoting case law and other stuff is going to get you through. Sorry, but once a decision is made.. it's made and there is no appeal. Only you getting escorted to either a plane to Canada or a detention center to await removal to Canada. I was not some rogue officer.. the INA is written to prevent individuals who have immigrant intent from getting in the door. CBP are the doorkeepers. No matter what some people think on here.. the CBP is there to enforce the law and some people on here don't think that the law should apply to them.	zyggy	Not Telling	Canada	2006-08-04 13:28:00
K-1 Fiance(e) Visa Process & Procedures	Do I even need a K1 as a Canadian?	That's all fine and good... but be aware of this... When one is applying entrance to the USA, you leave your legal rights at the door. The IIRIRA allws the CBP officer to be judge, jury and executioner when determining who is permitted in the US and who is not. All the case citations and legalese that you apply at the border is not going to amount to a hill of beans. (In fact if you try that, you'll make them more mad and more likely to deny you) If the CBP doesn't want you in, they're not going to let you in and there is no one to get or force them to change their decision. You are making the assumption that they have to listen to reason and accept your evidence and hear what you have to say. The INA does not force them to do that. THis is not a jury trial, or even a trial at all. You are guilty until you prove yourself innocent to a CBP officer. And a CBP officer has to right to consider your evidence or not to consider it, because the decision is totally in their hands. The legal system people are accumstomed to in the US does not work at the border.. in fact.. it does not exist.. If you want the law that allows them to deny you .. here it is.. INA 214 B B) Every alien 10/ (other than a nonimmigrant described in subparagraph (L) or (V) of section 101(a)(15), and other than a nonimmigrant described in any provision of section 101(a)(15)(H)(i) except subclause (b1) of such section) shall be presumed to be an immigrant until he establishes to the satisfaction of the consular officer, at the time of application for a visa, and the immigration officers, at the time of application for admission, that he is entitled to a nonimmigrant status under section 101(a)(15). An alien who is an officer or employee of any foreign government or of any international organization entitled to enjoy privileges, exemptions, and immunities under the International Organizations Immunities Act [22 U.S.C. 288, note], or an alien who is the attendant, servant, employee, or member of the immediate family of any such alien shall not be entitled to apply for or receive an immigrant visa, or to enter the United States as an immigrant unless he executes a written waiver in the same form and substance as is prescribed by section 247(B). The L and V refers to individulas with L or V visas... The H refers to an H1B or H visa for agricultural workers... And for good measure INA 212(a)(7)(A) (7) Documentation requirements.- (A) Immigrants.- (i) In general.-Except as otherwise specifically provided in this Act, any immigrant at the time of application for admission- (I) who is not in possession of a valid unexpired immigrant visa, reentry permit, border crossing identification card, or other valid entry document required by this Act, and a valid unexpired passport, or other suitable travel document, or document of identity and nationality if such document is required under the regulations issued by the Attorney General under section 211(a), or (II) whose visa has been issued without compliance with the provisions of section 203, is inadmissible. and last but not least INA 235 (B)(1)(A)(i) (B) 2/ Inspection of Applicants for Admission.- (1) Inspection of aliens arriving in the United States and certain other aliens who have not been admitted or paroled.- (A) Screening.- (i) In general.-If an immigration officer determines that an alien (other than an alien described in subparagraph (F)) who is arriving in the United States or is described in clause (iii) is inadmissible under section 212(a)(6)© or 212(a)(7), the officer shall order the alien removed from the United States without further hearing or review unless the alien indicates either an intention to apply for asylum under section 208 or a fear of persecution. The above is all you need to know... Save your money... the powers the INA gives the CBP is all in black and white right there... No matter what your attorney is going to tell you, you don't know what's going to happen until you get in front of that officer.. and no attorney is going to be able to tell you what he or she is going to do.. Edited by zyggy, 04 August 2006 - 10:09 AM.	zyggy	Not Telling	Canada	2006-08-04 09:38:00
K-1 Fiance(e) Visa Process & Procedures	Do I even need a K1 as a Canadian?	American Samoa doesn't count as that is not part of the "United States" as defined in the INA... Sorry, I just saw it was on a list of US territories. Does the INA define Puerto Rico and the US Virgin Islands as part of the "United States"? Those were suggestions that someone mentioned earlier, and I've seen mentioned in the past. Maybe Hawaii would be the safest since it's one of the 50 US States - shouldn't be any doubts about it being okay to go there, right? Hawaii's beautiful anyway, it would still make for an incredible honeymoon, just without the risk of a dentention center/ban from the US on the way back. the US Virgin Islands, Puerto Rico and Guam are defined as part of the "United States" in the INA.	zyggy	Not Telling	Canada	2006-08-04 07:50:00
K-1 Fiance(e) Visa Process & Procedures	Do I even need a K1 as a Canadian?	American Samoa doesn't count as that is not part of the "United States" as defined in the INA... As others have said on here... leaving the US in your situation for the Carribean is a high-risk gamble. If you fail, the consequences will be pretty severe. A stay in a detention center and removal that comes with a 5-year ban on entering the US. Overcoming that removal to get a visa to immigrate to the US will require the approval of two waivers (I-601 and I-212). Getting those waivers will require the USC to prove some extreme hardship on their part that would not allow them to join you in Canada. Being the Canada is a 1st World country next to the US, that is relatively difficult to prove. From what you have told us.. if you leave the US and try to reenter these are the facts that will come out (and if they don't come out by your witholding information, you're in big trouble) 1) you've been in the US under a B2 status for about 6 months. No matter which way you cut it, if you're married to a USC, it looks like you're shacking up with him and will continue to do so, no matter what protestations you have to the contrary... 2) you are a student with no current stable employment in Canada that would require to go back 3) you have no home that you owe money on that would require you to go back to The three things together is a recipe for denial, especially the first one. To a CBP officer, actions speak louder than words. You may say that you intend to go back to Canada to wiat out a K3, your actions show otherwise as they are indicative of one who wishes to live in the US to be with their spouse. Without the proper visa, CBP cannot allow you to enter the US under those circumstances... If you want to risk years of your life to straighten things out for a 2-week vacation to the Bahamas... you go right ahead... Edited by zyggy, 04 August 2006 - 07:48 AM.	zyggy	Not Telling	Canada	2006-08-04 07:25:00
K-1 Fiance(e) Visa Process & Procedures	Do I even need a K1 as a Canadian?	Thanks for your post, it certainly puts a number of things in perspective. I don't mean to argue but just want to clarify a couple of points you've raised: It doesn't matter if you're from Canada or Kazakhstan, the law on entry treats you equally. NAFTA only covers trade and movement of goods.. it does not cover immigration or movement of people. Please see this: www.burningart.com/mizpoon/B-1%20Visa%20Primer.doc Here's a quote: "Due to the North American Free Trade Agreement (NAFTA), Canadian citizens are also visa exempt. Many Canadian citizen visitors often times are "waived" through immigration and not issued a Form I-94. This can lead to problems in extending their stay and/or changing their status in the U.S. and it is generally safer to have the person simply return to Canada and reenter. Furthermore, the rules regarding B-1 activities for Canadian citizens are broader than for other B-1 nonimmigrants although the enumeration and foreign residence abroad requirements remain the same as for other B-1 nonimmigrants." That is correct in that there is a treaty (not NAFTA) that states that a visa is not required. You are confusing visa with entry. A visa is a ticket that allows you to request entry at a POE. A visa does not guarantee you entry to the US if there are factors that make you not eligible for entry to the US. Having immigrant intent is one of them. And it doesn't matter if you're a Canadian or from somewhere else, those rules still apply. Notice it states enumeration and foreign residence requirements... Enumeration means that your employment must primarilly be outside the US... foreign residence rwquirement means that your residence must be outside the US. From what you have told us, you fail both of those tests... that plus having a US Spouse pretty much kills the deal... YOu are getting married to a US Citizen and have besically been living on his support in the US for 6 months and have no job, or any other ties to Canada. Actually, as a medical student, I use medical and residency loans for support, so my now fiance provides no support for me. That doesn't matter.. the point is that you've been staying under his roof under his support. (who pays the utility bills, mortgage/rent/etc.) You madam, are a prime candidate for getting sent back home. I know this because I have personally sent home hundreds of naive Canadians like you who had no interest of knowing what the rules are. Actually, I am trying to find out what the rules are, which is the reason that I posted in this forum in the first place. I have already been advised by an immigration lawyer that I do qualify for an AOS since I am here on a valid B2. So, I am trying to determine whether I would qualify for another B2 if I could demonstrate an actual intent to return to Canada to wait for the AOS to be approved. My understanding is that only the present intent is what's at issue when I enter the country -- in other words, the fact that I would eventually return to the US as a conditional permanent resident would not change the fact that I would seek entry into the US after the Carribean trip with a full intent to (and would actually) return to Canada prior to the expiration of the 6 month period that applies to B2's. Is there something illegal/improper about this? Nothing illegal about it until you commit a material misrepresentation (and witholding information is also a material misrepresentation). But the INA does not allow individuals who have your particular details to be allowed entry to the US. You can go wherever you want... but the CBP does not have to let you back in. In your case, with near certainty I can say that if you leave the US, you will not be allowed back in until you have a visa that allows that (i.e CR-1 or K3) So no... in my opinion, you would not be permitted entry to the US under B2 status if you left the US and attempted to reenter the US. The point is that you didn't have immigrant intent when you entered the last time.. you do now... and what your intent is now determines whether or not you will be permitted entry. It doesn't matter how many times you state you will cross back and forth before you do immigrate.. The point is you do have it.. and that's all that matters...	zyggy	Not Telling	Canada	2006-08-03 15:59:00
K-1 Fiance(e) Visa Process & Procedures	Do I even need a K1 as a Canadian?	Thanks for your post, it certainly puts a number of things in perspective. I don't mean to argue but just want to clarify a couple of points you've raised: It doesn't matter if you're from Canada or Kazakhstan, the law on entry treats you equally. NAFTA only covers trade and movement of goods.. it does not cover immigration or movement of people. Please see this: www.burningart.com/mizpoon/B-1%20Visa%20Primer.doc Here's a quote: "Due to the North American Free Trade Agreement (NAFTA), Canadian citizens are also visa exempt. Many Canadian citizen visitors often times are "waived" through immigration and not issued a Form I-94. This can lead to problems in extending their stay and/or changing their status in the U.S. and it is generally safer to have the person simply return to Canada and reenter. Furthermore, the rules regarding B-1 activities for Canadian citizens are broader than for other B-1 nonimmigrants although the enumeration and foreign residence abroad requirements remain the same as for other B-1 nonimmigrants." That is correct in that there is a treaty (not NAFTA) that states that a visa is not required. You are confusing visa with entry. A visa is a ticket that allows you to request entry at a POE. A visa does not guarantee you entry to the US if there are factors that make you not eligible for entry to the US. Having immigrant intent is one of them. And it doesn't matter if you're a Canadian or from somewhere else, those rules still apply. Notice it states enumeration and foreign residence requirements... Enumeration means that your employment must primarilly be outside the US... foreign residence rwquirement means that your residence must be outside the US. From what you have told us, you fail both of those tests... that plus having a US Spouse pretty much kills the deal... YOu are getting married to a US Citizen and have besically been living on his support in the US for 6 months and have no job, or any other ties to Canada. Actually, as a medical student, I use medical and residency loans for support, so my now fiance provides no support for me. That doesn't matter.. the point is that you've been staying under his roof under his support. (who pays the utility bills, mortgage/rent/etc.) You madam, are a prime candidate for getting sent back home. I know this because I have personally sent home hundreds of naive Canadians like you who had no interest of knowing what the rules are. Actually, I am trying to find out what the rules are, which is the reason that I posted in this forum in the first place. I have already been advised by an immigration lawyer that I do qualify for an AOS since I am here on a valid B2. So, I am trying to determine whether I would qualify for another B2 if I could demonstrate an actual intent to return to Canada to wait for the AOS to be approved. My understanding is that only the present intent is what's at issue when I enter the country -- in other words, the fact that I would eventually return to the US as a conditional permanent resident would not change the fact that I would seek entry into the US after the Carribean trip with a full intent to (and would actually) return to Canada prior to the expiration of the 6 month period that applies to B2's. Is there something illegal/improper about this? Nothing illegal about it until you commit a material misrepresentation (and witholding information is also a material misrepresentation). But the INA does not allow individuals who have your particular details to be allowed entry to the US. You can go wherever you want... but the CBP does not have to let you back in. In your case, with near certainty I can say that if you leave the US, you will not be allowed back in... So no... in my opinion, you would not be permitted entry to the US under B2 status if you left the US and attempted to reenter the US. The point is that you didn't have immigrant intent when you entered the last time.. you do now... and what your intent is now determines whether or not you will be permitted entry. It doesn't matter how many times you state you will cross back and forth before you do immigrate.. The point is you do have it.. and that's all that matters...	zyggy	Not Telling	Canada	2006-08-03 15:55:00
K-1 Fiance(e) Visa Process & Procedures	Do I even need a K1 as a Canadian?	Thank you all so very much for all the thoughtful posts I have received here. Just to clarify, Canada is not a part of the european Visa Waiver Program. Instead, under NAFTA, Canadians who otherwise qualify for a B1 or B2 status are typically just "waived through" -- we do not receive the actual I94, have 6 months (instead of the usual 3 months under the Visa Waiver Program) to remain in the US under that status. Upon the expiration of the 6 months, we can either apply for an extension (which is a hassle, since we don't typically get I94's, which are required for an extension) or can just leave the US and can then immediately come back to get another B1/2 and another 6 months. While all that in mind, while AOS would effectively nullify my existing B2, wouldn't I receive another one if I were to leave and then come back to visit my husband? Let me let you in on something... I am a former CBP officer who worked for years at a US-Canadian land POE. I am telling you this, because there is a little misconception that Canadians seem to have. You have no rights that any other alien has other than the fact that a Canadian Citizen does not need to visa to be able to enter the US. What that means is that a Canadian citizen does not need to go through the protocols that other nationals need to do to be able to request entry to the US at a POE (i.e. getting a visa). Other than that the requirements for entry to the US are the same for any alien in the INA. It doesn't matter if you're from Canada or Kazakhstan, the law on entry treats you equally. NAFTA only covers trade and movement of goods.. it does not cover immigration or movement of people. Also, I'd like to see someone try to stay in the US for 6 months, leave and try to come back in again. I have news for you, they would get denied pretty quickly. A B1/B2 status is not mant for someone to try to stealthily live in the US.. which is what you suggest implies. CBP knows more about you and your movements than you know about... INA Section 214B requires that any alien that enters the US is considered to have immigrant intent. It is the burden of the alien to prove otherwise to the satisfaction of a CBP officer. Most Canadians don't have a problem overcoming this since they can very easily prove their links to Canada and that they have no interest in immigrating to the US. You do not have this. YOu are getting married to a US Citizen and have besically been living on his support in the US for 6 months and have no job, or any other ties to Canada. You madam, are a prime candidate for getting sent back home. I know this because I have personally sent home hundreds of naive Canadians like you who had no interest of knowing what the rules are. So I suggest that you read what you see here and do what we say necause we are looking out for you. The CBP is looking out to enforce the immigation laws of the US and does not give a rip about you... Misrepresentation and removal are very serious things and the CBP does not take kindly to it... So if you want to be away from your husband for years, go ahead and do what you plan... If you want to stay with your husband, you're going to have to make sacrifices... and if you haven't heard, that's what being married is all about... Edited by zyggy, 03 August 2006 - 03:32 PM.	zyggy	Not Telling	Canada	2006-08-03 15:21:00
K-1 Fiance(e) Visa Process & Procedures	Do I even need a K1 as a Canadian?	As far as I can see the only problem here is the desire to travel after marriage. If you're already in the US on a valid visa, and marry a US citizen, you don't need to leave the country and get a new visa. You can file for AOS from your B2 visa. Yep, that's my understanding as well. Why don't you do the "destination marriage" first (I assume its not a legal marriage), return to the US on your B2 and then marry in the USA and file AOS? We would very much like to officially get married in the US before the end of the year so we can subsequently file our tax returns as "married filing jointly." This way we would get a larger tax deduction on our '06 taxes. You would need the AP to return to the country because as soon as you filed AOS your B2 would no longer be a valid visa. I realize that. Wouldn't I get another B2 status upon my return from the Caribbean trip if I fully intended to return to Canada in a couple of months thereafter (I could probably even show them a ticket to Canada within the 6-month thereafter)? That's the thing... they won't let you in as a B2... you have too much immigrant intent as the spouse of a USC who hasn't lived in Canada for about 6 months and has no ties back to Canada. Sorry.. but what you want just isn't possible. If you want the Carribean, fly to the USVI's or Puerto Rico. Those are the only two destinations you can go to. Edited by zyggy, 03 August 2006 - 03:10 PM.	zyggy	Not Telling	Canada	2006-08-03 15:08:00
K-1 Fiance(e) Visa Process & Procedures	Do I even need a K1 as a Canadian?	As far as I can see the only problem here is the desire to travel after marriage. If you're already in the US on a valid visa, and marry a US citizen, you don't need to leave the country and get a new visa. You can file for AOS from your B2 visa. Why don't you do the "destination marriage" first (I assume its not a legal marriage), return to the US on your B2 and then marry in the USA and file AOS? In other words, if we were to get married now, apply for an adjustment of status (which does NOT require me to be on K1, since I had no actual intent to remain in the US at the time I entered the country under B2) but not receive the AP or LPR before our honeymoon in the Carribean, would I be permitted to re-enter the US to visit my husband? You would need the AP to return to the country because as soon as you filed AOS your B2 would no longer be a valid visa. That would be nice if she already wasn't paying with fire by having immigrant intent. Leaving the US at this stage of the game is far too risky..	zyggy	Not Telling	Canada	2006-08-03 14:58:00
K-1 Fiance(e) Visa Process & Procedures	Do I even need a K1 as a Canadian?	Thank you very much for your reply. I did review the K1 guide on this website but still have a few follow up questions. When I last entered the US I had no idea that we'd get engaged, so I am not at all concerned about the validity of my current B2. If we were to get married now and then file for an adjustment of status, would I be permitted to leave and re-enter the US to visit my husband while my adjustment of status application is pending? In other words, if we were to get married now, apply for an adjustment of status (which does NOT require me to be on K1, since I had no actual intent to remain in the US at the time I entered the country under B2) but not receive the AP or LPR before our honeymoon in the Carribean, would I be permitted to re-enter the US to visit my husband? Please see my other reply.. As I said that is not possible. You are trying to get everything that you want. What were telling you is that is impossible. So you have to choose what is the most important to you. The trip or the marriage... You can still take the trip.. but only after you have AP and that takes 3 to 6 months to get. So no immediate honeymoon outside the US. I suggest you plan a honeymoon in a US locale that is nice such as Puerto Rico, the US Virgin Islands or Hawaii.	zyggy	Not Telling	Canada	2006-08-03 14:56:00
K-1 Fiance(e) Visa Process & Procedures	I-94 UPDATE...ADVICE NEEDED	Not another one who is too smart for their own good and trying to weasel through the rules... The rules in this case are black and white... There is gray in US Immigration... What you're trying to do is not one of them... Paul... It's time for you to take a breath.. take a step back and look at what you're doing.. you're putting a lot at risk long term for very little gain short term... The US Immigration system does not look too kindly at those who disobey the rules... do the right thing like I know you want to do... Edited by zyggy, 10 August 2006 - 01:36 PM.	zyggy	Not Telling	Canada	2006-08-10 13:32:00
K-1 Fiance(e) Visa Process & Procedures	I-94 UPDATE...ADVICE NEEDED	As JenT mentioned, in repsect to the VWP travel from within Mexico, Canada or the Carribean islands and subsequent re-entry does not result in a new 90 days. You must leave the US 90 days from your original date of entry... So Paul in your case, you must leave the US on or before your 90 days deadline... 27 August.. If you leave after, you will have exceeded the priod of authorized stay and will be in the US illegally... If you have any time in the US illegally, you forfeit your right to US VWP at any time in the future and will require a B visa to be able to enter the US... There should be a stamp in the passport that reflects the original period of authorized stay date. The same date should have been entered on the I-94 and on the new stamp in the passport... Even if you didn't.. your travel will be in the CBP database and will appear when the passport is scanned.. Edited by zyggy, 10 August 2006 - 12:30 PM.	zyggy	Not Telling	Canada	2006-08-10 12:27:00
K-1 Fiance(e) Visa Process & Procedures	Why are the transferring cases to CSC?	The USCIS has moved from a system where the Service Center where cases were processed were based on geography to a system where different Service Centers process different workflows. So in this case, the CSC is now processing petitions that are based on family type immigration. All I-129F's, I-130's and I-485's if the interview is waived are processed at the CSC... Isn't the Vermont Service Center still processing 'K-visas'? No... they are processing what they have.. but everything that they're getting now is getting forwarded to CSC..	zyggy	Not Telling	Canada	2006-08-14 11:27:00
K-1 Fiance(e) Visa Process & Procedures	Why are the transferring cases to CSC?	The USCIS has moved from a system where the Service Center where cases were processed were based on geography to a system where different Service Centers process different workflows. So in this case, the CSC is now processing petitions that are based on family type immigration. All I-129F's, I-130's and I-485's if the interview is waived are processed at the CSC...	zyggy	Not Telling	Canada	2006-08-14 09:56:00
K-1 Fiance(e) Visa Process & Procedures	G-325a erasure	Writing initials is not necessary.. the line through the response and the correct response given above it is sufficient.	zyggy	Not Telling	Canada	2006-08-15 07:56:00
K-1 Fiance(e) Visa Process & Procedures	G-325a erasure	As an alternative, you can cross out the incorrect information and write the correct information above it.	zyggy	Not Telling	Canada	2006-08-15 07:12:00
K-1 Fiance(e) Visa Process & Procedures	I-129F: Is this a sign of desparation?	Going fishing?	zyggy	Not Telling	Canada	2006-08-17 11:11:00
K-1 Fiance(e) Visa Process & Procedures	Civil Wedding ok for the K-1?	This is exactly what we did... We did a Civil Wedding to meet the K-1 requirements and than had the Catholic wedding 10 months later. Doing it this way is completely valid in the eyes of the church.	zyggy	Not Telling	Canada	2006-08-24 13:10:00
K-1 Fiance(e) Visa Process & Procedures	Should we file a K-1 or marry and file a K-3?	Hotel receipts, ATM receipts, Gas Receipts, copy of your bank statement showing withdrawls in Canada, copy of credit card statements showing charges made in Canada, etc. are all valid evidence of being present in Canada. You don't have to just have stamps or plane tickets. We used a copule of pictures and some ATM receipts and were approved.. Edited by zyggy, 24 August 2006 - 01:18 PM.	zyggy	Not Telling	Canada	2006-08-24 13:17:00
K-1 Fiance(e) Visa Process & Procedures	Does the overstay cause problem to K-1?	To answer your question Zyggy, my job was terminated at the end of April 2001 and I left the US in early July 2002, does that makes 10-year-ban? : ( Thank you for all the information from everyone here, I really appreciate it. It seems nothing we can do now but to start filing I-129 and we really have to hope for the waiver, I-160. Have to do a lot of research and/or find a good lawyer. Namwan It's close... we'd be counting days now... But the waiver is files after the visa is denied. I would start having consultation with an attorney that specializes in waivers. Laurel Scott is one of these attorneys. Her site is at www.visacentral.net. She does a free chat on Wednesdays at 11 am Central Time. You may want to log in and get some free advice. Edited by zyggy, 25 August 2006 - 02:21 PM.	zyggy	Not Telling	Canada	2006-08-25 14:18:00
K-1 Fiance(e) Visa Process & Procedures	Does the overstay cause problem to K-1?	If you were terminated from your employer, you have 60 days to find a new employer that will sponsor you. If you do not find an employer that will sponsor you in that time, you have a grace period to leave the US. Each day that you exceed that grace period is time out-of-status. If you exceed more than 180 days of time out-of-status, you have a 3 year ban on entering the US... If more than 1 year, it's a 10-year ban. If the ban is still valid, you will require an I-601 waiver to overcome it. If you want a more specific answer on whether the ban effects you or not, you have to give more details. From what I see, you definitely has the 3-year ban... whether or not you have a 10-year ban depends on your details. I agree with others, a consult with an immigration attorney will prove very beneficial in this case. Edited by zyggy, 25 August 2006 - 08:23 AM.	zyggy	Not Telling	Canada	2006-08-25 08:21:00
K-1 Fiance(e) Visa Process & Procedures	On a Student Visa?	Do you have the student visa yet... If not, there is a specific question on the DS-256 that asks if you have a fiancee in the US. How you answer that question is important...	zyggy	Not Telling	Canada	2006-08-30 11:39:00
K-1 Fiance(e) Visa Process & Procedures	Traveling before entering the US, can we?	I would check with US Customs. I am quite certain I read someone on this site traveled from Canada to the US with the visa in her passport, but did not have to activate it. She had to make a couple of trips for wedding planning, before moving. That may have worked in one instance, but this is not permitted in theory and should not under any circumstances be encouraged..	zyggy	Not Telling	Canada	2006-09-20 12:33:00
K-1 Fiance(e) Visa Process & Procedures	Quick NOA1 Question	Hi, I just received in the mail my NOA1. Yeah yeah yeah!!! Anyways, for the case type the form reads: "I-129F Petition for Fiance (E)" Is this the way it should be?? I've just never seen the "(E)" anywhere. I'm sure it's nothing, just trying to stay on top of everything. Ahhh, a good feeling to have something definitive in hand, now it's just back to waiting. Congratulations to all the recent approvals!! The extra e is male vs female... male is fiance female is fiancee	zyggy	Not Telling	Canada	2006-09-22 07:50:00
K-1 Fiance(e) Visa Process & Procedures	Initial Submission Detail	No.. one can only work when one has an Employment Authorization Document from USCIS. You can apply for it at the same time as you apply for AOS And you can make it as detailed as you want it to be... Some use only a few lines, some write pages... It's up to you on how detailed that you want to be... me.. I used about a paragraph or two.	zyggy	Not Telling	Canada	2006-09-22 11:23:00
K-1 Fiance(e) Visa Process & Procedures	petition returned	Don't believe the misinformation line... sign in blue ink with a ball point pen Edited by zyggy, 25 September 2006 - 01:34 PM.	zyggy	Not Telling	Canada	2006-09-25 13:34:00
K-1 Fiance(e) Visa Process & Procedures	The Tourist Visa	Hi, I am currently in the US on the VWP. I am a UK citizen and I am planning on staying the full 90 days. My girlfriend and I, although we have plans to marry, we don't want to apply just yet. Can I apply in London for a B1/B2 visa? I think living together for 6 months will be beneficial to both of us. I don't intend to work in the US as we make enough money together selling items on ebay. Obviously I don't want them to know this and I think my Dad in the UK would say he could support my stay. So would I be able to obtain a Tourist Visa from the London embassy. I know the UK is in the VWP but I have used it twice this year already and don't want to abuse it. Could I mention I have an American Girlfriend? Do I mention her at all? Any help would be gratefully appreciated. Cheers everyone. 1) You can try to get the B visa.. but even if you get it, the CBP is under no obligation to give you a 6 month stay... Actually, they'll probably still give you 3 months unless you can convince them of a compelling reason to give you 6 months.... 2) The fact that you have an USC fiancee is spoecifically asked for on the DS-156 form. If you have an USC fiancee, you must declare it. That is usually a deal killer... 3) You must have your own source of support... I think a Consulate would look down on your father sponsiring you.. you would probably have to show that you yourself has the cash to be able to sufficiently support yourself for 6 months...	zyggy	Not Telling	Canada	2006-09-27 08:54:00
K-1 Fiance(e) Visa Process & Procedures	legality of several marriages	You can have as many wedding ceremonies as you want... You can only have 1 legal marriage... So you can only get the license once... and have one marrige certificate. but can do the wedding ceremony as many time as you wish.. Are we using marriage and wedding/ceremony synonomously? A marriage is a legal and binding contract so to speak. Anna Nicole Smith exchanged non-binding vows with her lawyer today. A ceremony but not a legal binding marriage because no certificate/contract was signed. No I am not.. there is a distinct difference between a wedding and a marriage... A marriage is a legal contract... A wedding is a ceremony...	zyggy	Not Telling	Canada	2006-09-29 14:14:00
K-1 Fiance(e) Visa Process & Procedures	legality of several marriages	You can have as many wedding ceremonies as you want... You can only have 1 legal marriage... So you can only get the license once... and have one marrige certificate. but can do the wedding ceremony as many time as you wish..	zyggy	Not Telling	Canada	2006-09-29 11:18:00
K-1 Fiance(e) Visa Process & Procedures	TSC delay after approval	1) The service centers sends stuff to the NVC in batches. It could be a month (but usually two to three weeks) before your I-129F gets there... 2) The petition expiry date can be extended by the consulate if you are actively pursuing the case... So relax.. the gears are turning.. you're dealing with a huge lumbering bureaucracy.. you'll get a lot farther if you just sit back, relax and let the process move at it's own glacial pace...	zyggy	Not Telling	Canada	2006-10-04 07:45:00
K-1 Fiance(e) Visa Process & Procedures	How do you qualify to Expedite Case?	D As far as I am concerend the 1st wedding willbe the day we are married! Jeez I feel like the kill joy, but again, caution, caution, caution. Please bear that 'legal' title in mind when you are traveling as a 'fiancee'. While unusual, there was a recent example of a fiance being refused entry for referring to his partner as his wife (because of their 'unofficial' ceremony). Ok, so no wedding rings, no engagment rings and no Wife or Husband calling! I will be very carefull! Thanks for the help. BTW.. did you know that your USC husband needs to get a fiancee visa to get married in the UK.. I think it'll be pretty hard to hide that you didn't get married when your fiancee has an activiated UK Fiancee Visa in his passport... and if you don't think that the CBP won't pick up on that... we'll good luck to you. Again.. don't be short sighted... get the civil wedding done in the US first if you want to do a K1. If you're insistent on getting married in the UK.. I suggest that you go for the K3 or CR1 option... Edited by zyggy, 10 October 2006 - 08:02 AM.	zyggy	Not Telling	Canada	2006-10-10 08:01:00