So, Ya wanna marry an  American Citizen, eh?

*Pay NO attention to time frames here or those listed on any INS page.. We got them from INS but apparently they don't follow them.  Two couples that we know of and "coached" into this same process have already received the visas. In both cases, with NO glitches, it took them 8 months.  [This is echoed in an FAQ on the American Law site in their monthly bulletin archives.]*
 
 

Well, we hit a snag. While INS could have informed us back in Nov., we only found out the end of Jan. '99 that we have to re-apply, due to a technicality. We could have sent the re-application back in the middle of Jan. but because of INS's delay, it's only being sent now. PLEASE, before you send in those papers, MAKE SURE that all the i's are dotted, the t's crossed and that you TOTALLY comform to what they say is necessary. Good thing is, INS totally disregards any previous application. Bad thing, it means they have to do all their spot checks all over again. More time.....oh well.

Sang sent in the new application, in Feb. '99.  Other than the note confirming their receipt of the appl., we'd heard nada until mid June.  In June, Sang found out thru her congressman's office there is an INS Ombudsman available to applicants.  Sang called him and found out that in the Ne. office of INS had sent her a "request for further information" back in April!  This had to do with her change of employment. She'd changed jobs well after submitting the application but before INS had sent out their request for employment verification in Apr.

In a nutshell, he told her that all"was" in order and, after he'd gone over our appl. with the caseworker, he told her that it "should" be mailed on to Montreal in the next 3-5 days. With her receiving notification of such, about the same time.
(Boy, is it ever hard to NOT be sarcastic at this point!!!!)

Two weeks later, Sang called the Ombudsman again to see if it HAD been mailed. Nope, another glitch that took another 4 weeks to get an answer as to what it was.   She had to send in proof that she was the "head of household" and had custody of the kids.   That done, all was smoothed over.   The last we'd heard, (Sept.'99) the IRS problem had been resolved and it was back to the caseworker.  No other word as of yet.

Here's hoping we get a nice Christmas present from INS, huh?  I'm heading down to Ks for Christmas with Sang and her folks. Not that I don't want to go, but I'd LOVE to hear that it's all been moved on, before I buy my plane ticket.  ~~M-t

*One other note regarding getting married THEN filing for the Foreign National to stay in the states.  We've heard from two couples that went the "Marriage First, see what happens when we apply" route.  Both couples involve a Canadian.

Couple a) got married very shortly after he moved down from Canada. As soon as his American wife filed the application to sponsor him, he received an Invitation to Leave the Country, (my words not the gov't's).  He departed for Canada and had his visa in hand within about 3 months.

Couple b) did the same thing, only difference is, last we'd heard, he was back in Canada, they'd been waiting over 18 months and he STILL didn't have his visa yet. His lady hadn't heard anything positive from INS either.  The only way for them to visit is if SHE flies up to Canada to see him. He's not allowed to set foot in the States until he has his visa.

We've heard of a third couple that, get this, met online and within a very few months, he'd moved south. They met face to face one day and got married the next. Her kids didn't even know they'd gotten married.  At last word, she was waiting for copies of 3 yrs worth of IRS returns so she could apply for the visa.  If we hear anything, we'll post it here.  We REALLY hope that the guy gets to stay in the states, but we're not holding our breath.

I have a theory as to why it takes so long for INS to process the K-1 visa applications.
IF it's a marriage purely for the convenience of a foreign national to enter the States, INS is hoping that the long wait will disuade the F.N. and they'll forget about it.
In other words, INS wants to make sure that you're in love and truly want to marry.

Also, make sure you read all the questions and answers at the American Law website linked below. You'll find them in the Monthly Bulletin Archives (in links at the bottom of their pages).  There are some very pertinent entries regarding the Fiancee Visa, as well as most others that people apply for.

This page is the farthest thing from end-all, be-all you'll find regarding moving to the U.S. for whatever reason. What it IS, we hope, is a few answers to some of the questions that we've posed to the United States Immigration and Naturalization Service, (INS).

It seems that, depending on who you ask and at which office, you'll get varying answers.

Because of that, what we present here are basic questions that YOU may want to ask when you make your own inquiries.


Good Luck!!

Of course, some of these points will change as we ourselves progress thru the mass of red tape trying to get my butt down to Kansas but we will try to stay on top of this page as new info becomes available.

1) It is our understanding that anyone can 'live' in the U.S.
*as long as you do not have a criminal record 
*you must leave the U.S. every 6 months tho to renew your 'visitor' status.

2) There are only two ways to enter the U.S. to work and live unless you have a direct relative with U.S. status.

a) You must apply for and be granted a "green-card", or an employer must apply for it for you and either they or you must prove that YOU are the only person able to do that job. (Laymen have a hell of a time doing this.) 

b) You marry an American Citizen. This in itself is a trick in patience and stick-to-itiveness. This is more the topic we're talking about here.

INS Homepage


Great Legal Site


The Legal Site will give you a bunch of answers that aren't available on the INS site. You'll have to do a bunch of surfing, but it's really easy to navigate.

You can link to Customs and the State Department from the INS site.

INS National Info Number: 1-800-755-0777
U.S. State Dept. Info: 1-800-688-9889
INS Forms Order Line (Computer)1-800-870-3676
**These numbers are only available to callers from the U.S.
 

Go to the above site, it's helpful to a degree, but doesn't supply all the answers you're going to want.

Any American Person wishing to marry a Foreign National, (someone from outside the U.S.) has to "sponsor the F.N. This can be done one of two ways.

a) You can enlist a lawyer in each country, spend thousands of dollars and take months. This should ONLY be done if there are any conflicts in the foreign national's past that may cause INS to turn down the application. We've heard that INS will only get upset if you enlist lawyers and don't really need them. They automatically go on the offensive and look for stuff.

*note: In hindsight, we're now wondering if we shouldn't have gone that route anyway. Oh well, we're so close now....or at least we think so, there's no sense changing horses in mid-stream.

or

b) If there is nothing that will upset INS, the U.S. based partner can save you both a ton of expense and make the application him/herself.

*Step One:
You will have to call the above "Forms" line which is answered by an office in California.  You will then ask for an I-129B which is the application form for a K-1 visa. They will send you the proper papers to be filled out and signed by both parties.  You can also pick these forms up "in person" from any INS office.

The visa fees stand at this:

*a fee of $90 U.S. to be paid to INS in the form of a check and included with the I-129B form. 

*a fee of $45 U.S. to be paid at the Consulate in the Foreign National's country when the Foreign National has their interview.

*a fee is paid in Cdn. $'s to the examining doctor. This varies from doctor to doctor, so check it out when you book your appt. (The Toronto Dr. charges $180 cdn.)

*****You must prove that the relationship existed before the marriage. This sounds silly but that's on the INS pages, LOL!! Save all of your phone records and correspondence, postmarks are legal time/date markers.

You must have met at least once, face to face, in the two years previous to making the application.

Now for time frames........as we know them anyway. We'll tell you the longest periods that we've heard so far. But we're hoping that we're being overly pessimistic and the actual times are much shorter.

*note: As you've read above, I guess we weren't all that wrong in our pessimism, huh?

FIRST OF ALL!! We have just learned that both parties have to be divorced PRIOR TO MAKING THE APPLICATION.  Copies of both divorce certificates, death of spouse certificates, etc, must be sent in with the application. The Foreign National may be asked to produce the original at the time of the interview.


(Aug. 4/98) We've received written confirmation that our K-1 Visa application has been received by INS in Nebraska. In black and white it states that, "this type of application 'usually' takes 20-50 days to process. *note: By process, we're now thinking that they mean that it takes that long to just get a caseworker to open the file and start things.

*update:
Now for the bad news. On Oct. 22/98, Sanguiness finally got thru to INS and was told that finally, on day 85 of the 20-50 day process, our petition was approved and in the queue to be mailed. It's now Jan. 28th/99 and we've found out that a 'glitch' has taken place in some paperwork. As of Jan. 30th, we'll have been in the system for 6 months.

Be sure ANY and ALL pre-nuptual agreements have expired! These can seriously screw up your application, regardless of how simple or silly it may be. Montreal can't access INS for info but HAS received other petitions that were approved AFTER our's was.

From there, it goes to the Consulate that processes visas in the country of the foreign national. This is done by regular mail.

*Step Two:
This stage is still a bit fuzzy. In a call to the consulate, we were informed that the consulate receives the file from INS, logs it onto their system and sends out a package with forms to be filled in by the "Beneficiary" of the petition. It also contains a list of Doctors in the Beneficiary's area that are approved to perform the Mandatory Physical Examination. Forms must be filled out, returned to the Consulate and the Exam done. The Consulate then does it's 'little' investigation and then you will be contacted to set an appt. If you're contacted to set an interview appt. you've been approved and upon leaving the Consulate after the interview, you'll have the visa in hand!


There is exactly 1 "State Dept. approved" Doctor per U.S. consulate, in Canada. Every province has at least one, with the exception of New Brunswick. The closest to them would either be Montreal or Prince Edward Island, depending on what part of N.B. you live in.

*In Canada, the only U.S. consulate that processes visa's is in Montreal, (1-514-398-9695, ext. 833 between the hours of 2:00 and 4:30pm, eastern time), so I hope that if you want to move to the States, you don't currently live in Yellowknife, NWT.!!
You're only supposed to call this number if you have a file number already, but, they will give you basic answers if you're really, REALLY polite!

*The time frame between the Consulate receiving the approved application from INS and you actually having your interview is 4-8 weeks. The UP side of this is, after your interview, there is NO MORE WAITING. You will actually take the visa home with you. Mostly, it depends on how fast the mail is and how quickly any of the Dr's on the list can get you in. You can BET M-t'll be calling to get the earliest appointment possible! LOL

*one word of advice. Don't take Cuban Cigars or a Karl Marx t-shirt to your interview. ............okay, bad joke!

*********After the application is approved, you're allowed only 3 months to have your interview. All paperwork and medical stuff must be accomplished and in place in time for them to do their own investigation at the consulate prior to booking your appt. You'll be carrying the doctor's results with you to the interview so don't send them in with your Consulate paperwork.

---

You're allowed 6 months to enter the U.S. If you don't enter in this time frame, you have to start the whole mess over again. (My guess is, like me, you won't be able to wait and will be moving within a few days!)

You cross the border into the U.S..  Road, Airport, Seaport, it doesn't matter. The first thing you do is go into the local INS office (usually right at the border point,and report. From that day you have 90 days to get married and find work.

As soon as you are married, you have to report to the local INS office and get the forms to have your K-1 visa adjusted to a CR-6 card. These forms are to be mailed into your "local" INS office.  (This is not a green-card and you CANNOT leave the country until the adjustment is made. Leaving the country is deemed as desertion of the process and you'll not be allowed to re-enter the States.)

*update: We heard, from one of the above mentioned couples, that the intial work permit attached to the K-1 visa is only good for 90 days.  You can NOT work if that permit runs out.  They recommend that you get married as soon as possible after entering the States and get the application for adjustment filed immediately,  in order to maintain the employment.  They waited 5 weeks to get married and then took their time in applying for the adjustment.  Last we'd heard, it'd been about 3.5 months since he'd entered the States ,his initial work permit had expired and they still hadn't received the adjustment of status.  Hence, she was the only bread winner in the house at the time.

The actual Green-card will take up to 2 years to be issued. INS likes to be sure. Until then, the foreign national is a "probationary permanent alien".

You ARE allowed to seek employment with the K-1 and CR-6 visas.

*note: After being a "permanent alien resident" for 3 yrs, 18 months of which the F. N. has actually lived IN the states, the F.N. can apply to become a citizen.  The normal waiting time, before citizenship can be applied for, is 5 yrs.  Being married to a U.S. citizen chops 2 yrs off.  Cdn's do NOT have to give up their Canadian Citizenship upon becoming a U.S. citizen. You become a "dual citizen".  Any children coming from the marriage are then offered the options of being Cdn, U.S. or dual citizens once they reach the Age of Majority, (usually 18 yrs).

In the case of a Cdn, this means that you can then collect U.S. Old Age Pension and Social Security upon retirement, as long as you've contributed to them for 10 yrs.  Plus...you're still elegible to collect your C.P.P..  Canadian Pension Payment is reduced for every year you do not actively contribute before retirement.  You are still eligible for Canada Old Age Pension as long as you lived 20 years in Canada continuously and you are still a Canadian citizen.

**If a Canadian wishes to marry a foreign national and live in Canada, the fee is $1470 Cdn.

We've also found out that in addition to the mega-fee charged by Immigration Canada for a Foreign National to enter Canada, there is a One to two year waiting period for approval of the same type of visa!

Please click the link below to access our "U.S. to Canada" page for more detailed info.

That's about it for now. As we said, we'll keep adding and changing this page as more questions and new answers come to us.