Hi there,
I've read basically every thread that has to do with this topic, and I'm, like most people, still a little lost. Sorry about that, but this stuff is beyond complicated, or at least overwhelming to the point of making it sound much more complicated than it may be.
Anyway, my questions are fairly simple, so let me explain my situation...
I'm from Ontario Canada, and I met a woman from Phoenix, AZ, about 2.5 years ago online. We talked for quite a long time before ever trying anything, but for the past 8.5 months we've been dating. I've been to Phoenix 3 times, and she's been here twice in that time frame.
At this point, money is getting rather tight, and it's just taking its toll on us as far as always having to say goodbye for a month or two at a time. Basically, we want to get together, then stay together, but I'm having a hard time figuring out EXACTLY the way to go about it.
I understand the K1 visa can be used so I'd be able to go there, MAYBE work while it's being processed if they're quick about it, marry her in 90 days (the faster the better for working purposes and all) and then file to stay as a legal resident.
The questions I have from this are as follows...
1) I'm planning on going down there to visit for a few months, during which time I can look at the job situation there for when I eventually WILL be able to work. It'll also give us a lot of time together before making the big move. The question is, I know the legal limit is '6 months' if you're Canadian without the papers to show you came across the border, so I will without a question have to go back after this time to get the process going, correct?
2) The affidavit of support is the MAJOR issue here. The woman I'm to be engaged to was married before, though has since seperated and gone through a divorce. The problem here is she didn't work and thus doesn't meet the required 125% above the poverty line status for the Affidavit. I know that we can get a co-sponsor, and THAT is where my main question comes in...can my aunt/uncle be a co-sponsor? They're US citizens, who live in Chicago. My uncle works for the Tribune there, so I know for a fact they meet the income requirements. I just wasn't sure if it could be ANY US citizen that could co-sponsor, or if it had to be someone she knows (or has met, since she hasn't met them)...is this possible? Because if it is, then that'd be great.
3) If, after the period of time (6 months maxish) that I had to return to Canada, she came back with me, could we file for a K1 visa here from Ontario? I know I have to be outside the country, and go to Ottawa and all that jazz, but I wasn't sure if she could be up here with me? And roughly how long does it take? I've read 1-3 months, but upwards to 6 or so...I know nothing is for certain, but obviously a shorter time frame would be what we'd hope for. So basically, can we file for the K1 from Ontario, or do I have to be here, and her in Phoenix?
4) I know they're different, but would it be better if we got married in Phoenix while I was down there and applied for the K3? I've read various comparisons, though it's not that clear to me as to which is better, as they both seem to have benefits. Basically, I'd like to stay with her, yet work, as an income is essential. So would a K3 be easier than a K1, or would a K1 be the smartest route? Either way, I'd likely have to go back to Canada to get the paperwork, but if we did that, we could just get married here then go back down with the K3, otherwise I'd have to come back to file for the K1 regardless, I'd just like to know she could come with me...
Sorry, I know I'm long winded in getting to a point or repeating things, I'm just really all over about this and have been stressing over trying to get things figured out for a couple of months now! It's a great thing you all do here, and I'm hoping you can clear these few questions up for me, especially the co-sponsor question! Thanks in advance
Brendan
I've read basically every thread that has to do with this topic, and I'm, like most people, still a little lost. Sorry about that, but this stuff is beyond complicated, or at least overwhelming to the point of making it sound much more complicated than it may be.
Anyway, my questions are fairly simple, so let me explain my situation...
I'm from Ontario Canada, and I met a woman from Phoenix, AZ, about 2.5 years ago online. We talked for quite a long time before ever trying anything, but for the past 8.5 months we've been dating. I've been to Phoenix 3 times, and she's been here twice in that time frame.
At this point, money is getting rather tight, and it's just taking its toll on us as far as always having to say goodbye for a month or two at a time. Basically, we want to get together, then stay together, but I'm having a hard time figuring out EXACTLY the way to go about it.
I understand the K1 visa can be used so I'd be able to go there, MAYBE work while it's being processed if they're quick about it, marry her in 90 days (the faster the better for working purposes and all) and then file to stay as a legal resident.
The questions I have from this are as follows...
1) I'm planning on going down there to visit for a few months, during which time I can look at the job situation there for when I eventually WILL be able to work. It'll also give us a lot of time together before making the big move. The question is, I know the legal limit is '6 months' if you're Canadian without the papers to show you came across the border, so I will without a question have to go back after this time to get the process going, correct?
2) The affidavit of support is the MAJOR issue here. The woman I'm to be engaged to was married before, though has since seperated and gone through a divorce. The problem here is she didn't work and thus doesn't meet the required 125% above the poverty line status for the Affidavit. I know that we can get a co-sponsor, and THAT is where my main question comes in...can my aunt/uncle be a co-sponsor? They're US citizens, who live in Chicago. My uncle works for the Tribune there, so I know for a fact they meet the income requirements. I just wasn't sure if it could be ANY US citizen that could co-sponsor, or if it had to be someone she knows (or has met, since she hasn't met them)...is this possible? Because if it is, then that'd be great.
3) If, after the period of time (6 months maxish) that I had to return to Canada, she came back with me, could we file for a K1 visa here from Ontario? I know I have to be outside the country, and go to Ottawa and all that jazz, but I wasn't sure if she could be up here with me? And roughly how long does it take? I've read 1-3 months, but upwards to 6 or so...I know nothing is for certain, but obviously a shorter time frame would be what we'd hope for. So basically, can we file for the K1 from Ontario, or do I have to be here, and her in Phoenix?
4) I know they're different, but would it be better if we got married in Phoenix while I was down there and applied for the K3? I've read various comparisons, though it's not that clear to me as to which is better, as they both seem to have benefits. Basically, I'd like to stay with her, yet work, as an income is essential. So would a K3 be easier than a K1, or would a K1 be the smartest route? Either way, I'd likely have to go back to Canada to get the paperwork, but if we did that, we could just get married here then go back down with the K3, otherwise I'd have to come back to file for the K1 regardless, I'd just like to know she could come with me...
Sorry, I know I'm long winded in getting to a point or repeating things, I'm just really all over about this and have been stressing over trying to get things figured out for a couple of months now! It's a great thing you all do here, and I'm hoping you can clear these few questions up for me, especially the co-sponsor question! Thanks in advance
Brendan
