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I am so sorry for this situation. The problem is that when one used a Canadian passport to enter, they are implying that they are only coming to visit. If their intention is to stay to marry, they are supposed to get a K-1 fiancée visa. Do you know if she was given an exclusion which is a 5 year penalty? Did they catch her in some lie? Can you tell me what statute number she was charged under which should be found in any paperwork that she was given?
She wasn't given any statute Number. She was told that her Fiance'e is t apply for a K-1 and that she won't be able to leave the country untill she has her K-1 Visa.
have been on the computor last night and have gotten the I-129F and the G-325A filled out and sent to her. She is to sign the one and mail it back with a photo and all the other documents. Then I will mail it down to Dallas Texas and wait for any notification. But what we need is to shorten any long waiting period. Have we started in the right direction?
Well, you have started in the right direction, yes, but unless you have some bonafide emergency, they aren't really going to expedite the process. Here is a link so that you can see what you would need to prove to expedite:
Here is the link for you to review the K-1 process:
Unfortunately, the K-1 process takes about 6 to 9 months or so. You can go visit her, but she most likely will not be able to visit you. I am truly sorry. I know this is inconvenient. Everyone in this situation hates it, but until someone pushes the U.S. Congress hard enough about this, that process will not change. I am truly sorry.
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After I reply to you I have a difficult time getting your response. There is always some kind of pop-up that comes into view. Your answers were not anything but vague, so I guess I'll have to go this alone. Thanks
Ok, I won't have any trouble going to Ontario and visiting with her ? And if we get married in Ontario would that help expidite things?
You see? Believe me I would tell you. If I thought that you going there to get married would speed it up, I would have told you. That's why I didn't mention it. You going over there and marrying would make the case stronger, but that doesn't speed the case up. What you want to do is speed the case up. The K-3 takes just as long as the K-1, about 6 to 9 months. As far as you going into Ontario, that I cannot tell you because I am not licensed in Canada. I am a U.S. immigration attorney, not a Canada immigration attorney. I don't think you will have a problem because you do not have the intention to stay in Canada.
Let me know if you have additional questions. Do not worry, I won't stop responding until you are satisfied.
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