K3 Query

[vancouverwriter]

Hello everyone,
I've spent the better part of the morning looking through the forums but can't find information that would help me in my situation. Hoping someone can steer me to the right place...
I'm Canadian and living in Vancouver, engaged to an American living in Birch Bay (we live less than an hour away from each other, on either side of the border). We've decided that I will be the one to move to the States and start a new life as my work is more flexible while he has a good job and a young child who lives with him part-time. Here's the issue: I have a 17 year old daughter turning 18 in two months and we've been told we should get married asap before she turns 18 so that it will be easier for her to stay in the states, go to college there, etc. A K1 visa would take too long so we're looking at the K3 route. Our intention is to get married as soon as possible in San Francisco (we're planning to elope as we have too many friends and family members and can not afford a large wedding), and then apply for a K3 visa. I would return to Vancouver to continue working until K3 visa is processed but would visit my new husband and stepchild on the weekends. Once the Visa is approved, I'd move myself and my daughter over, apply for adjustment of status, then continue working (I'm a freelance writer, editor and website designer). Here's the thing: according to some of what I've read on these forums, the K3 visa requires that we marry in Canada -- if I travel to the states with the intention of getting married this could hurt the visa process. Is this true? We really want to get married in San Fran but would settle for getting married in Vancouver if we had to. And also, am I allowed to travel back and forth across the border while on a K3 visa? If so, why are there news reports of married couples being stopped at the border when trying to visit their new spouses in the states?
Best,
Elizabeth

[agnelson]

The place to find all this info is on visajourney.com, not here.

The reason so many are stopped, is, regardless of the route you take from single foreigner to married us resident, there will be a period 3-6 months where you cannot cross the border. You either stay in US or you wait in Canada. Those who refuse to wait, get caught. Thus the stories you hear.

[vancouverwriter]

But according to the visa website, one of the advantages of having a K3 is being able to cross the border whereas with a K1, once I enter the States I have 90 days to get married and then can't leave the States for any reason until paperwork is processed. I want to get married, keep working in Canada until the Visa is processed, and then move to the States--but still be able to return to Vancouver as soon as possible to visit my elderly parents. I also have a book tour in Europe next summer. If we get married and then I'm not allowed to leave the States for an extended period of time, I need to cancel the book tour. And I need to figure out how I'll be able to visit my parents as they are too old to drive and will never cross the border. Is there anyone else out there with the same situation? I've spent the better part of today looking at the forums and I'm more confused than ever. I could hire a lawyer but at $250 an hour it's kind of expensive.

-- Wed Nov 04, 2009 5:47 pm --

And how would the border guards know about my reasons for criss-crossing the border each twice a month? Right now I go down to Birch Bay every second weekend and tell them I'm going shopping in Bellingham or visiting friends at their cottage. Once I'm living in Birch Bay (after the K3 is processed), can't I tell them I'm going shopping in Vancouver? And aren't Canadians allowed to visit the States and live/vacation there for up to six months at a time? Does this all change once I'm on K3 status? I might as well just remain in Vancouver, and spend every second month in Birch Bay with him--a part-time marriage.

[agnelson]

Once you HAVE K3 you have mobility, but not while it is being processed. You need to stay in canada during that time.

Same for AOS. Once you have AP (advanced parole) you can travel freely, but between applying for AOS and getting AP, you are committed to stay in US.

It is never a good idea to lie at the border, otherwise we'll be reading about your story too
. And yes, getting a IMMIGRANT visa does make you different than a Cdn going shopping because of your stated INTENT to immigrate.

Your comments indicate that you are soon to be one of those unfortunates we've all read about.

[Reba]

With K3 you do not need AP.

Go to www.visajourney.com ALL the answers to your questions are already there.

You might also want to check the processing times for K3 for Vancouverites. CR1 may still be faster, but it will require you take a trip to Montreal for your interview.

The info for that is also at Visa Journey.

[vancouverwriter]

Okay, I think semantics may be an issue which could be why the information I'm receiving is so confusing. I spoke to a lawyer this morning and he told me this plan would work: we could get married in either San Fran or Vancouver, I would return to Vancouver right away and continue working while waiting for the K3. My husband could visit me in Vancouver but I can't travel across the border for the 3 to 6 months it would take to process the K3. Once K3 is approved, we would apply for the AOP. Once that's done, me and my daughter would move to Birch Bay, and I would be able to travel freely to Vancouver or Europe.
I don't understand why nobody could point that out to me. And by the way, I did visit the visa journey forums and none of the situations addressed my concern of needing to be accessible to my parents in Vancouver should an emergency come up. Thanks anyway.

[agnelson]

Yo are missing one step. Once you cross into US and apply for AOS, in US, you AGAIN have to wait 2-3 months before you can travel (emergency or not).

That is why most people use Direct Consular Processing to avoid this second wait... but they do this by marrying outside US. Or they marry in US and stay there, filing AOS immediately.

and quite frankly, if you couldn't find your simple situation at visajourney, you didn't look hard enough. Sounds more like you could not find a case that matched with what you would like to do, as opposed to what you can do.

Besides, I even said "there will be a period 3-6 months where you cannot cross the border. You either stay in US or you wait in Canada". Sounds a lot like what your lawyer told you, no?

Your path will make you wait in both places consecutively.

[vancouverwriter]

Thank you very much for clarifying this. My talk with the lawyer was a quick one over the phone but I think I will book an appointment with him in order to find a solution that will work best including the possibility of direct consular filing. Not being able to visit my parents in case of emergency for 2 or 3 months would be a hardship for them and it occurs to me that my daughter may be prevented from being a bridesmaid at her Victoria cousin's wedding next summer if we can't cross the border during this waiting period. I think some of my confusion isn't so much with the pre-K3 process as the after K-3 process.
Thanks again and I apologize for my crankiness.