K-1 visa ap rejected!

canabird
Junior Member


in Fiance-Visa limbo

Joined: 20 Aug 2007
Posts: 12
Location: Toronto

Posted: Tue Aug 28, 2007 11:35 am

 

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YUP, 28 days after mailing, it was send back in it's entirety, forms, fees, cute bikini shots and all -- for failure to enclose the correct fee!

This is so bogus.the MO was for $170 US funds, and it was postmarked July 28 (someone on another forum had the same problem). So now instead of having a K-1 ap on file as bonafide proof of intentions to honour the immigration process, I now have an disturbing, rejected K-1 hanging over my head.

So now.The border will definitely have been notified that my K-1 was rejected and mosty likely won't let me through next month for my 2-week visit, let alone cross on a B-1 to work in Florida, as I have been doing every November for the last 7 years.

There have been nothing but roadblocks for us from the beginning, when there should be nothing but *joy* between 2 decent people who have had almost entirely bad luck or tragedy prior to meeting eachother. It may sound corny, but we are eachother's life raft, and have added so much value to eachother's lives. I am finding that this ongoing visa drudge is like a black cloud hanging over us every time we talk now, squashing our spontenaity, which is really important in a young relationship. So much pressure so soon.

We are hoping to get married next month, come hell or high water, when Angel visits me in Canada next week. Is there any solution so that I can start proceedings to move to the US legally *plus* be able to visit him sometimes without being turned back at the border? (He is a jockey, and can lose his career if he takes off while he is booked by clients to ride their horses).

Thanks in advance, CB

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Reba
Moderator


Canuck in NC

Joined: 16 Jul 2004
Posts: 1495
Location: North Carolina

Posted: Wed Aug 29, 2007 3:20 am

 

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Your K1 visa was not rejected. Not in the slightest. The petition was returned because of insufficient funds. That's all, there is no black mark on your record. You haven't even applied for the visa yet. That comes much later in the process after the petition is approved.

If you're determined to get married next month in Canada, then you'll have to then petition for the K3 and/or CR1 visas. These typically are taking a year or longer to process. First comes the petitions, then the applications for the visa. And you won't even be able to send in the petitions (I-130 and I-129F) for several weeks/months after your wedding, because Ontario is notoriously slow in handing out marriage certificates. You can't send in the petition without a copy of the marriage certificate.

Even after marriage, you will still be able to go to the US to visit. Same deal as with the K1, you will need to prove to the US border patrol that you have no intent to enter the country and stay illegaly. This of course is more difficult to do if you have a spouse in the US, as this just gives you stronger ties to the US than to Canada. But it can be done.

Sorry you've been delayed again. I know the frustration only too well. Our first 2 sets of petitions were rejected because the stupid lawyer who my husband hired way back when couldn't figure out how to fill out the forms correctly
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READ ME FIRST!! Immigration Information for Canadians who want to move to the US for any reason.

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canabird
Junior Member


in Fiance-Visa limbo

Joined: 20 Aug 2007
Posts: 12
Location: Toronto

Posted: Wed Aug 29, 2007 10:52 am

 

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THANKYOU I didn't realize that. I feel somewhat better now. Angel quoted USCIS as writing "rejected," but then again. his English isn't the best.

I chose the timeline I did because everyone is on rotation for holidays at work. I asked for 2 weeks off immediately after my wedding, so we can have a pseudo-honeymoon and meet Angel's brothers and sisters in Boston and New York.

But since the official marriage cert takes 2 weeks, we will not have time to reapply for the visa before crossing, and therefore no proof to show them at the border.

Why say anything at all about being married when we cross the border? We can just say we are visiting relatives in Boston (we already have the same last name). Are they going to ask us about the returned Fiance-ap, or will they not even know about it?

Sorry to hear your incompetent lawyer put you through the ringer. You must have been devastated.

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Reba
Moderator


Canuck in NC

Joined: 16 Jul 2004
Posts: 1495
Location: North Carolina

Posted: Thu Aug 30, 2007 3:12 am

 

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Its better not to lie to US border officials. If they catch you in a lie (and they are trained to do just that), they can bar you from re-entry until you get an appropriate visa, or for up to several years, depending on their mood.
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READ ME FIRST!! Immigration Information for Canadians who want to move to the US for any reason.

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canabird
Junior Member


in Fiance-Visa limbo

Joined: 20 Aug 2007
Posts: 12
Location: Toronto

Posted: Thu Aug 30, 2007 7:48 am

 

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Lying is probably unnecessary. But will they hold it against us if we just answer their questions directly and not volunteer the fact that we applied and had the package returned?

If we get married, why do we have to apply for both K-3 and CR-1 visas?

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Reba
Moderator


Canuck in NC

Joined: 16 Jul 2004
Posts: 1495
Location: North Carolina

Posted: Tue Sep 04, 2007 3:31 am

 

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Omitting information to a border official is akin to lying as far as they are concerned.

K3 and CR1 visas are linked in process sort of. You have to file an I-130 petition for both, only with the K3, you send in the I-130 first, wait for the NOA from USCIS, then send in an I-129F petition. Then its a race to see which gets done first. Go check out the guides at Visa Journey for more detailed info.
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READ ME FIRST!! Immigration Information for Canadians who want to move to the US for any reason.

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canabird
Junior Member


in Fiance-Visa limbo

Joined: 20 Aug 2007
Posts: 12
Location: Toronto

Posted: Tue Sep 04, 2007 11:30 am

 

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Well. we cancelled our Boston honeymoon plans. Disappointing, but better safe than sorry. On the bright side, Angel applied for a work permit, so he may stay in Canada with me for a couple of months after the wedding (next week). He is such a dear.

I am planning to phone the border officials tomorrow, to confirm the viability of entering the US on my B-1 antecedent to our Spousal Visa ap being filed. Better to hear it straight from the horses mouth!

I'm afraid I dont understand the IR-1 thingy too well, een after reading the comparison chart at Visajourney. It is slightly oversimplified.

Is the main difference in processing time? Is there a thread where the IR processing time is estimated?

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Reba
Moderator


Canuck in NC

Joined: 16 Jul 2004
Posts: 1495
Location: North Carolina

Posted: Wed Sep 05, 2007 3:09 am

 

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You wouldn't be getting an IR-1, you'd be getting the CR-1. IR-1 is for couples who've been married more than 2 years, CR-1 is for couples married 2 years or less.

Both however are essentially equivalent to a "green card". Once you have this visa, you are a permanent resident of the US, eligible for work. CR-1 is valid 2 years, and then you must apply to remove conditions. IR-1 is a 10 year card.

K3 is considered a non-immigrant visa, and you must apply separately for employment authorization and then apply to adjust status to obtain permanent resident status (green card). The K3 is the more expensive option of the 2, and it was originally designed to be a faster process than the CR-1. Now however it is not faster, its usually about the same (within a month or 2), and most people now I think are not taking that option and just going for the CR-1/IR-1.

You can get estimates of processing times from the USCIS website here https://egov.uscis.gov/cris/jsps/ptimes.jsp These are just esitmates, not hard and fast definites. Take them with a grain of salt. Choose whichever Service Centre you'd be sending the I-130Petition to to figure out about how long it'll take. Then tack on another 4 to 6 months for the wait for the interview at Montreal and all the other stuff you'll have to complete before that.
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READ ME FIRST!! Immigration Information for Canadians who want to move to the US for any reason.

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