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  • Getting married...

    My Canadian girlfriend has spent allot of time with me here in the states and recently was recently was refused entry here for a period of time because of that fact. My problem is that we had planed to go on vacation to the Caribbean this time around and I was going to pop the question...Now I have my diamond...my flowers...but I have no girlfriend!!!!!!My question is what's faster...getting engaged and bringing her here to get married, which I would rather do, or going to Canada and getting married and then bringing her home? FYI..I am a USC by birth and am financially able support us both...Thanks for your help...

  • #2
    My Canadian girlfriend has spent allot of time with me here in the states and recently was recently was refused entry here for a period of time because of that fact. My problem is that we had planed to go on vacation to the Caribbean this time around and I was going to pop the question...Now I have my diamond...my flowers...but I have no girlfriend!!!!!!My question is what's faster...getting engaged and bringing her here to get married, which I would rather do, or going to Canada and getting married and then bringing her home? FYI..I am a USC by birth and am financially able support us both...Thanks for your help...

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    • #3
      In my personal experience, it is better for you to come to Canada to married her then file the petition from the US, so that you don't need to worry about violate the US immigration laws in the US. By the way, if you do love her, Canada is not far, you can visit her all the time during the processing Period. GOOd luck

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      • #4
        Hey, you are lucky! My love is 120,000 miles away!!!

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        • #5
          I have no problem visiting her...it's just tooooo cold! :-)

          How long can I expect to wait either way?

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          • #6
            FullofLove...

            How long did you have to wait after you were married?

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            • #7
              Hey resxmm you going for the big question hey?!

              So has she applied for entry to the US again after the denial?

              Options - You file for a I-129F for your fiance. This take about 3-4 months (maybe 6 max) During this time she is not allowed in the US, cause it would be seen as dual intent. After approval of fiance, she enters the US and you would have to get married in 90 days of her entry into the US. Id say that this is a better option than you going to Canada and getting married there and then trying to apply for her to enter the US as a spouse.

              What do you think?

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              • #8
                Ok so here is info if you decide to get married in Canada and then get your wife into the states -
                She would then have to apply for a K-3 visa. The K-3 allows the spouse of a US citizen a non immigrant visa to enter the US, and then apply for immigrant status while in the US.

                Process - You would have to file a i-130 (petition for alien relative) on her behalf, before applying for the k-3. (it is a requirement for the k-3 app)

                A I-693 (medical examination) has to be completed when she appears at the consulate to apply for k-3 visa.

                Resxmm - I hope this help and that this is correct, anybody to comment?

                Either way I would advise that you get a lawyer to assist you with it all.

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                • #9
                  SyncSA

                  Thanks for the info...yep. They wouldn't let her in...so...I'm headed up there to to ask her if she'll have me...not too romantic in the snow though.

                  If we decide to marry first...(based upon a yes answer from her)...do you have a guess as to how long we would have to wait before she can come into the US?

                  Thanks again!

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                  • #10
                    My sister was married to a foreign national in his home country and it only took him 3 months to wait for his visa. This happened in 2000 though, I'm not sure what's going on today because I heard there are so many changes within the agency.

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                    • #11
                      3 months will seem like an eternity to her...so any longer will just be worse...

                      Does anyone know if there is an avenue to appeal the INS' decision to keep her from coming in? It's like she's "grounded" for doing nothing more than enjoying life and the freedom to cross the border and travel the US? Though she broke no laws, she is being punished. Any thoughts?

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                      • #12
                        You can get married in Canada and file sponsorship papers there at U.S. Embassy alongwith Affidavit of Support. This will be very fast, may be 2 - 3 months and when she will enter USA, she will be a Permanent Resident Alien (Green Cardholder). This is fastest and easiest way. You can also check there at the Embassy, if it takes little more time, so you can request for K-3 Visa for her.

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                        • #13
                          SyncSA--& all

                          Just an FYI...I spoke to her attorney and she mentioned that in usual situations, A Canadian citizen IS allowed to enter the US after an I-129F is filed and before it is approved. However, in her case the fact that she has already been denied entry, based upon frequency issues, prevents her from coming here until the paper comes through. So you are right on in my case where this would be seen as dual intent!! Guess I should have asked her and filed before she left!

                          Just wanted to clarify that this is not true for all those other USC's in love with what what Canada has to offer!

                          Thanks for the accuracy in your assesment of our situation.

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                          • #14
                            The waiting time should be within a year if you filed your paper properly. I don't know which state do you live, but you will need to get the the form from the INS. Just follow the instructions carefully on the form, Do spend time at the begining to do it right will save you a lot of works and time.
                            Dealing with the INS in the US is the most difficul thing to do. The INS have its own working body and laws, they can detained people who have violated the immigration law without a permission from the police. To avoid violating the immigration laws in the US I still, suggest you to come to Canada to married your girl- friend and file a petition in the US. If you are trying to get her to the US with other kind of visa that will cause you a lot more work and time to change status later on.

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                            • #15
                              The answer will be yes....even in the snow, will be more romantic for her, knowing that your doing it in snow which you dont seem to like.

                              Back to the visa stuff - Take about 2-3 months. Isnt really that long, and seeing as she cannot visit you, you would just have to get those long johns on and go visit her. Just think about it, it will be the last 3 months of going back and forth...and who know the last time you spend more than a day in Canada.

                              Good luck, let me know.

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