K Visa Canadian citizen needs info on I-94 form and US fiance visa

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adrianpvi

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I am a Canadian citizen, romanian nationality - I hold a Canadian passport and I am considering moving to the US through marriage to my girlfriend who is a US citizen. I have been reading through the posts and am concerned about the I-94 form (arrival departure record?). In the last 2 years I have been making frequent trips to NY - always staying about 5-6 weeks at a time and never had a problem crossing the border, although I would always state I was going for only 2 or 3 weeks. However, my last border crossing I was pulled over and taken to customs office inside where they proceeded to ask me general questions, where are you going, what do you do, how long, when is the last time you were in the US. And then they fingerprinted me - and told me it was just procedure. Why would they do this if I am a Canadian citizen - is it because of my nationality, do they not look at me as a Canadian but rather a foreigner? They did let me go and didn't question me too too much but now I am worried about future trips to the US.

So far this year I have been in the US for about 7 weeks total and am aware that I should not stay for longer than a total of 6 months throughout the year. I have never been given an I-94 record. Should I ask for this next time I cross? Is there something wrong with taking frequent trips and staying for 4-8 weeks at a time? I do not want to risk being denied entry since I have so many ties to the US. I am self employed and have a lot of flexibility and want to be able to visit friends and family. But last time I crossed - they made me sort of feel like a criminal. I am also worried that if I do go through with the marriage and I come back for the fiance visa - I may be given a hard time crossing the border.

How long does it take to get the fiance visa if I come back to Montreal and apply for it here? And should I worry about having stayed illegally in the US in the past, before I received my Canadian citizenship, about 6 years ago. Will they ask about this on the fiance visa questionaire or interview? Could that pose a problem? Any advice would be appreciated. Thanks.
 
hey

This is not legal advice just advice from someone in a similiar situation....You actually apply for the fiance visa prior to the marriage and this gives you a one time entry which you have to then marry within 90 days and then apply for change of status....one more thing you are suppose to be out of america while you are waiting to get the fiance visa....hope this helps
 
thanks

Thanks for the info...if you are in a similar situation - would you happen to know how long it takes to the get the visa - is there an actual interview with both of us or just me? I heard it should only take a few weeks but then I read that it could take much longer - like a few months!
 
I think the wait depends upon a couple of factors....like if the paperwork is done correctly, how busy the consulate is that is handling the visa, etc....but from what I hear it only takes a few weeks in most cases....It is a good idea to have all the paperwork looked over to make sure it is done correctly because I heard the littlest if errors can delay it for months.... :)
 
Question for NYClex - help please

Hi Lex:

I'm curious to get your opinion on this as you are the expert!
I just consulted with a lawyer in NYC and he told me that being a Canadian citizen I do not require a K1 fiance visa. He said that the K1 and even the K3 are only absolutely necessary for citizens of countries that require visas to travel - Canadians do not require this. He told me I can just get married in the US - he would file all the paper work and I would be able to stay in the US - only returning to Canada once to pick up my visa at the Canadian consulate here - I would not have to come back immediately and wait...

I'm a little weary given the fact that all the remarks on this website and even on the government site state that you need the K1 or K3. This lawyer came highly recommended. Any comments or advice would be appreciated.
 
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