Canuck needs help with k-3 visa

Hi, there, im 20 years old, and im currently dating and in love with an american citizen. We have decided we would like to be married and live our lives together, I've done a lot of research but im young, and confused on a few things so help would be fantastic.

I live in vancouver and my future bride live in texas, we plan to elope and get married in texas, by the justice of peace, we decided when we were established and everything a year later we would have a proper wedding. now after we get married we plan to file for a k-3 visa, now when i go down to texas, i plan to buy my ticket for 5 months, i plan to go in may.

Here are my questions.
-I've been to visajourney.com and read the guide to the K-3 visa, Can we file these while im in the US, and can i stay in the US while we are waiting for them to process, if the marriage took place in texas? or after i get married would i have to fly back to canada? and then wait... i would prefer to stay in the states if possible, since thats where we plan to live.

also is the K-3 the best route for us? she works at a video store, and her father is in the process of buying it from the previous owner and giving the business to his daughter (my future wife) the store makes more then enough money to support us so i wouldn't have to work right away, and the plan was once i could work, id help her run the store, and essentially id be a part owner as well.

Also is success rate higher if we use a lawyer, but atm, i dont know if we can afford it.

please help me... i love this girl, and i dont want to risk getting deported and not seeing her for years, so i need to know if i can stay there or leave, im not on any visa's atm, so i dont think im in violation of visa fraud. But i am going down to the states with the intention to marry her. But if i am in the states for 5 months could we get away with saying i was visiting my girlfriend and on a whim, we decided to get married. thanks again.

visajourney.com

Since you say you've already visited visajourney.com, I would suggest going down to the U.S. and getting married immediately.

Once you have have your marriage license (better to have certificate in tow) you would then have your wife file for an adjustment of status with her proving she can support you financially.

You may be reading too much into things as far as travel and length of time is concerned and driving yourself crazy.

From what I've heard from people with experience, the K-3 visa is not the best route as it takes forever to obtain. You may as well just go down, get married and have her file Adjustment of status on your behalf.

If you plan on visiting for 5 months you need to have proof of ties to Canada and a round trip ticket. Otherwise immigration has every reason to believe you're immigrating and not a visitor.

http://www.visajourney.com/forums/index ... ge=compare

compares the various Visas. If she needs to work right away,k3 isnt going to do you any good. One would require the CR-1

I got married on a trip to the USA then started the CR-1 process (back in 2004) then left back to Canada. 1 thing that may cause you problems is the length of ur stay! Sure Cdns can stay up to 6 months with the POE official approval, but the longer one stays the more eyebrows that may be raised! All depends on who the POE official is, they are all different. You def need to have ties to canada with ya (letter from employer, lease, etc)
Normally the k3 and cr-1 run around the same time frames, THUS making the k3 obsolete, as the CR-1 is far superior--and even cheaper---BUt since she is in Vancouver, she would have her k3 interview there, and that consulate tends to be a bit faster than Vancouver. ALL cr-1 interviews are held in Montreal. But if she has to work right away,the CR-1 route is the way to go.

You stated your not going down until MAy??? You could start the k1 process today!! 3 months saved, and prob only another few months after that, as vancouver pumps them out faster. keep in mind,she cant work right away--look at the above link.

If you goto the CANADA section on visajourney,somewhere they have a k1 and a cr-1 timeframe, so gives you an idea how long its taking. Keep in mind k1/k3 interview would be in vancouver and the CR-1 would be in Montreal.

ok i think theres a bit of confusion.

I the male live in vancouver, and she lives in texas...
I dont need to work right away
And i need to know, if we elope and get married and file for the k-3 or an AOS... am i allowed to stay in the US while its being processed and everything basically can i stay in the US the enitre time starting from the day we file the K-3 or AOS, or will i have to go back to canada and wait.

Also the K-1 we dont really want to do, because id have to stay in the Canada until the visa is approved and i enter the states on the K-1 i want to be able to get married stay then file for whatever i need to file to STAY with my wife. I dont care if i cant leave the US after a certain visa, i dont plan to return home for a year, and keep in contact with my family, via skype.


so if i understand right... would the best route be me maybe... go down on a smaller time frame say 2 month with a return ticket, (that i dont plan to use) get married right away, then file the form I-130 for an AOS??? and id be allowed to stay in the states while we wait for that to go through?? and when it does.. i can stay in the US with her?

one last thing i understand if i file a I-130 that id have to have an interview with a consult in Vancouver, could i just fly back to Vancouver, as long as i have all the proper documentation in hand and all, and go for my interview if im approved immediately go back on my new status??? or if we file for a AOS immediately after marriage do we avoid this interview all together?
im a lil confused on that now.

You really need to sit down and READ over visajourney.com

One can still visit the USA while doing a k1, k3 or cr-1! Entry into the USA is not a sure thing. it us up to the Port of entry(POE) officer!

U dont need to work right away, so why not file for k1 like today! U can still visit, and take ur holiday to the USA, then come back to Vancouver for the interview.

One can not legally goto the USA and KNOWINGLY just stay in the USA and AOS!! Sure many do it, but if ya get caught, ur in for more trouble!

k1, u file now, visit the USA, come back for interview(vancouver), back to the USa, where u have 90 days to get married in the USA, file for AOS. Like I stated in the other post, k1 is pretty fast going through Vancouver

its pretty well laid out in Visajourney at the top of the forums. You just need to spend time reading them.

http://www.visajourney.com/forums/index ... age=guides

http://www.visajourney.com/forums/index ... ge=k1guide

http://www.visajourney.com/forums/index ... i130guide1

thank you, thank you, thank you..... im going to read over the k-1 a few times, and i talked to my girl, shes going to file it as soon as possible we just have to wait a bit cause money is slim, so we might have to wait a bit but thats ok, we can wait... it will be worth it in the end, if we can be with each other. shes comming down for a month in march, to meet my family and everything. when she goes back in april, we will own the store and money wont be so slim, and then she will file for the K-1 visa, and ill go down in May, once we recieve notice of the interview schedule i will return to canada, so i can get the proper forms, and documents, and have my medical examination done and do my interview... hopefully if all goes will and i get approved then i can head back down to my loved one =D... thank you again.... this site is amazing, and you have been a great, help.