K1 fiance Visa

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Joined: 6 Mar 2008

K1 fiance Visa

Post Fri Mar 07, 2008 10:40 am

Now that i know i probably won't qualify for a TN1 Visa, i have a new inquiry. Can I apply for the K1 fiance visa while i am down in the states as a visitor? I know i can go down there for six months. If so, how long is the wait? While waiting for my K1 Visa, can i apply for some sort of work permit while my K1 is being processed so that i can work? After my K1 is approved and we get married, how long is the wait for my Green Card? And what do i tell the customs officer about my length of stay, do i tell him that i am going to visit a friend. And if he/she asks me when will i be returning, what should i say? I have been researching for a week now and i have found this site to be the best.
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Reba

Post Sat Mar 08, 2008 8:37 am

For info on marriage based immigration go to http://www.visajourney.com there's tonnes of info there on K1s and a Canada specific forum where you'll find a few dozen Canucks who have gone or are enduring the process now.

As for the process, in a nutshell it works like this:

Your fiance sends in the I-129F petition to USCIS and you wait and wait and wait. When the petition gets approved, USCIS sends it to the US consulate in Canada where you will have to have an interview (if you live in Western Canada, you will interview in Vancouver, if you live in Eastern Canada you will interview in Montreal).

You can visit the US for up to 6 months at a time, IF they let you in. NO you cannot apply for a work permit while you are there, you just said yourself you are not qualfied for a TN, and that's about the only option to a Canadian these days.

You WILL definitely HAVE to return to Canada for your interview. No way around it. Once you have your K1 visa, you have 90 days after you enter the US in which to be married. After you're married you apply to Adjust Status and for your employment authorization. EAD typically takes about 3 months so plan to be unemployed and bored for a few months after you arrive.

Check out Visa Journey for more indepth information and example forms and personal stories and whatnot.
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