Financee Visa?!--Lana, kindly advise, thanks!

[rainysky]

What is the name of your state?--Vancouver, Canada

Dear Lana:

Kindly advise if K1--Financee visa is the best way and the only way for me to enter US as a Canadian with immigration purpose? I was refused to enter US last month with reason that I have immigration purpose but without supporting immigration visa and I have intent to work in US.

Also please kindly advise if K1--Financee visa is easy to obtain with record of refusal?

Much appreciate for your help, Lana.

 

[AHA]

First of all, you can NEVER enter the US as aa tourist with intentions of marrying AND REMAINING in the US. No if's or but's aabout it.

If you had a job in Canada you have a chance of being allowed to enter the US for a short visit, if you can show them proof that you HAVE to return to Canada after the short visit. If someone who has no ties to their country and is trying to enter the US as a tourist to "visit" a fiance, can be fairly sure they'll be denied entry. Why would an immigration officer believe that you have intentions of returning home after the "visit" when you have no proof of that?

I would suggest your fiance file the I-129F after he has become a citizen.

Keep in mind that you will need either K1 fiancee visa, K3 spouse visa or Work visa to enter the US to marry and stay in the US. No matter how much you work in Canada, IT'S ILLEGAL TO ENTER THE US WITH INTENTIONS OF MARRYING AND REMAINING IN THE US. And you clearly have intentions of marrying and staying in the US, so there would be no other way for you but to qualify and try for one of the mentioned visas.

 

[evcalyptos]

Also please kindly advise if K1--Financee visa is easy to obtain with record of refusal?

Your first refusal won't make a diffference to the K1 application, but at least you know that you have a record with the Border Patrol now.
Lying, however, can get you barred for life.

 

[rainysky]

sigh.........

Your first refusal won't make a diffference to the K1 application, but at least you know that you have a record with the Border Patrol now.
Lying, however, can get you barred for life.

Thanks for all your advice, really appreciate it.

Sigh................it seems that is the only way I can do, isn't it? Anyone can tell which one is easy to be approved, K1 fiancee or spouse?

Thanks a lot.

 

[evcalyptos]

Thanks for all your advice, really appreciate it.

Sigh................it seems that is the only way I can do, isn't it? Anyone can tell which one is easy to be approved, K1 fiancee or spouse?

Thanks a lot.

If you have a genuine relationship, either one will be equally easy. You should look at factors like work permits, where you want your wedding, travel needs, where the USC lives, where in Canada you live etc to make the decision. Any or all of those things could influence which visa you decide to go for.

As your BF has not yet naturalized, make sure that he keeps track of his time out of the country should he come to stay with you or visit. This time out of the country may count against him-I've a friend who is facing an additional wait because of a move he made. He needs 90 days presence in his new locale before applying. See Form N-400 for guidelines.

If you can qualify in your own right for a student or work visa, that is another option for you to pursue for being in the US before BF naturalizes. I know it must be disappointing to not have it go the way you thought, but I'm sure you will be happier without problems hanging over your head from day one.

 

[rainysky]

California

Thank you again for your advice.

Both of us, my bf and me, would like to have marriage in LA, California and then adjust my status. He is going to take his citizen test by the end of this month, both of us have to wait until he becomes a citizen which may take a few months and then he is able to submit petion for K1 visa for me, which will take another 6-8 months, and it will take totally a year or more from now, isn't it?!

Kindly advise is there any other better choices??????

Thanks