visiting turn to fiance visa?

JenniferChristine
New Member



Joined: 27 Jan 2008
Posts: 2
Location: Halifax

Posted: Sun Jan 27, 2008 9:48 pm

 

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Hi,

I'm new to the forum, so please forgive me for not understanding all the ins and outs of immigration!

My situation is this: I am a 21 year old Canadian citizen and I am about to finish my last year of my undergraduate degree. My boyfriend is a US Citizen - he returned home this past summer. When I graduate, I would like to join him in Massachusetts. I know that the easiest (and probably only) way for me to get a visa is through marriage. I just feel a little young for that and would like to stretch out my waiting time!
Can I enter the States as a visitor for six months and apply for a K1 visa while I am in the US? I know I would have to return to Canada for my interview and medical exam. But once I had that, could I re-enter the States again without any problem? I've heard that it takes about 8-10 months to get a K1 visa. So if I applied right when my "visit" started, I would only have a couple months back in Canada and could I then re-enter?

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Reba
Moderator


Canuck in NC

Joined: 16 Jul 2004
Posts: 1488
Location: North Carolina

Posted: Mon Jan 28, 2008 4:18 am

 

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Sure, its possible, but how do you plan to support yourself during that 6 months visit? You can't work during that time. If you plan to do that, you should consider that you'll be without a job for more than a year total, can you afford to go that long without an income?

What do you plan to tell the border official when you cross? What if you are denied entry and can't go back until you get your K1 visa? will your boyfriend come to visit you in Canada?

Go have a look at http://www.visajourney.com for information on marriage (and fiancee) based immigration.
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JenniferChristine
New Member



Joined: 27 Jan 2008
Posts: 2
Location: Halifax

Posted: Mon Jan 28, 2008 6:55 am

 

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Why would I be denied entry?

Last summer I spent four months in the States, visiting my boyfriend. I did a little babysitting to help out my financial situation, but that was it. I just told the border official that I was visiting and they were fine with that.

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Reba
Moderator


Canuck in NC

Joined: 16 Jul 2004
Posts: 1488
Location: North Carolina

Posted: Tue Jan 29, 2008 4:13 am

 

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They can, and will, deny your entry if they suspect that your intent is to immigrate illegally. If you do not have a job in Canada, financial ties to Canada, a home to pay for etc etc etc then every indication is that you will be staying in the US illegally.

Working while in the US, even babysitting for cash, while you do not have a work permit, is illegal. If you are a visitor in the US, you cannot work at all. Even volunteering without pay is questionable.
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sweetness
New Member



Joined: 08 Jul 2008
Posts: 2
Location: guelph , ontario

Posted: Tue Jul 08, 2008 11:47 pm

 

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[b]I met my fience online a year and a half ago . i live in canada and he lives in california. we met in person in may of 2007 and he stay here in canada for 4 months and he needed to go home because his mom is sick with cancer. in september i tryed to take a plane to califronia from tonronto and got denied for not having enought money , 2 weeks later i tryed again and got denied again for not having a return ticket. so in october my dad drove me to the border and i we said we were going to the airport and i got threw no problem. i went to california from october - january as i had to come back for sugery . WE both drove from califorina to canada in january and got threw no problem . we stayed in canada from january - june. in june we were going to drive back to california and i got deiend because i had no profe how long i was stay there for and they said that i was going down there to live and to work ( i guess helping my mother in law cook and clean is working ??? ) they took my finger prints , mug shot , hair colour , hight , weight etc treated me like i was a terirest they were very rude to me and said they were going to deport me for no reason yelling at me!!!. so after 4 hours they told us we needed to go back to canada. so we got in the truck turned around and he got denied to come back into canada because of his record ( but he was already in canada ... makes no sence what so ever ... he went to court already for his recored and its nothing bad but there was 2 other people with worce records we talked to and they got threw ) so i was left 3 hours from home at the boarder will all my stuff sitting on the ground.... so if i were you id get a visa for work , fience visa or a spouse / visting visa ... i wouldnt want you to go threw what im going threw. make sure when u go to the boarer you have a note from a empoyer stating you can come back to work for them , how long you are going to the states and when you have to be back . DONT LIE it will get you in a biger hole and dont say you are going to see your boyfriend or you will get denied... just say you are going to viset a friend or going on a vacation... i hope this helps and you can be with him ... i need some luck to get to my fience a well ...

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Reba
Moderator


Canuck in NC

Joined: 16 Jul 2004
Posts: 1488
Location: North Carolina

Posted: Wed Jul 09, 2008 4:18 am

 

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Unfortunately, when one gets to the border and has no proof of ties to home country, they will treat you rather rudely, and sometimes even roughly. I recall an article about a Canadian-Chinese woman being beated by US officials at a crossing in or near Niagara (can't remember if it was peace bridge, or rainbow).

If you have a boyfriend or spouse in the US, your ties are obviously stronger to the US than to Canada. The burden of proof is on you to PROVE without a doubt that you will not be staying in the US illegally for any purpose. Always has been, always will be up to the traveller to prove ties to home country. A job to get back to, a return ticket (or definite return date with proof, if you're driving), etc etc etc.

And if one has a criminal record, it is the law (on both sides of the border) that you are inadmissable. If you drive over and they waive you thru without scanning your ID (as in the case of your boyfriend's first trip obviously), then he was lucky. But because of the scutiny the second trip, they've now got him flagged as inadmissable. And he won't be admissable again until a few years after his conviction has been completed, and even then he may have to endure a few stacks of paperwork to be admitted again.

See the information at the Consular General office regarding criminal inadmissablility to Canada http://geo.international.gc.ca/can-am/buffalo/v...admissible-en.asp

For information on marriage based, or fiancee based immigration to the US, see http://www.visajourney.com
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Steven
CanuckAbroad VIP



Joined: 28 Sep 2007
Posts: 1637
Location: Calgary

Posted: Wed Jul 09, 2008 10:56 am

 

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Yes, but it's tricky because USCIS might get suspicious, use the word: "boyfriend" and have some evidence you intend to come back to Canada. Your intent is to leave and obtain a visa, so legally there's no problem, it's the mindset of whomever you deal with at the border that might be.

Sufficient proof of funds would be a biggie too if they ask how long you are staying.

I think my story would be that you were trying out the relationship and you had no intentions to work and here is my bank statement and I still have a place in Canada and I'll definitely come back and get a visa if it works out, blah, blah, but there's no guarantee, depends on what mood the USCIS officer is in.
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