Menu
Expat.com

Do I Qualify for a Spousal Visa????

Last activity 02 December 2014 by mugtech

Post new topic

nickien

Hello Everyone.

I wanted to get more information on qualifying for a visa. My common law here in Canada is looking for work in the US and we have 2 kids together. I know he can apply for Visa's to bring the kids over once he has found a job, but can we apply for a visa to bring me over if we are not legally married yet? Is there a different Visa I can apply for?

I hope someone can answer this question for me.

Thank you,
nickien

mugtech

There is also a fiancee visa, very similar to spousal, must get married within 90 days of receiving said visa

pamelascot

You might want to think twice about letting him take your children to another country, especially one where your legal right to be there is tenuous.

gehilaw

Apply K3 visa to approve spouse visa. K4 visa also helps to bring spouse's children

VillageHeadMaster

pamelascot wrote:

You might want to think twice about letting him take your children to another country, especially one where your legal right to be there is tenuous.


I take offense to the "your children" part.

Children are not property that are owned by a person. They are individuals and offspring's of both parties.

VillageHeadMaster

nickien wrote:

Hello Everyone.

I wanted to get more information on qualifying for a visa. My common law here in Canada is looking for work in the US and we have 2 kids together. I know he can apply for Visa's to bring the kids over once he has found a job, but can we apply for a visa to bring me over if we are not legally married yet? Is there a different Visa I can apply for?

I hope someone can answer this question for me.

Thank you,
nickien


"I" don't think US is going to recognize your common law marriage.

During our Spousal visa process, the instructions were specific in asking for evidences of a marriage that goes beyond a marriage certificate. They wanted that proof plus pictures of the ceremonies and stuff.

Someone mentioned a Fiance visa which is another option but as stated before you will have to get married withing 30 days.

Another alternative is not to pursue a family class visa. Could you go for another class of visa? It seems that you may not want to necessarily get married if you haven't already with at least two kids.

Good luck.

gehilaw

Hmm interesting

nickien

Thank everyone for all the responses.  The fiance visa is an option we would just have to speed up our plan for our wedding. Which is scheduled to be in 2 years, So yes, we do plan on getting married and I know we want to have the wedding we both planned for and not a downtown office marriage. I might look for other visa options or choose  another country to live in. We are fortunate enough to have other options available.

Thank Again,

nickien

James

pamelascot wrote:

You might want to think twice about letting him take your children to another country, especially one where your legal right to be there is tenuous.


Pamela,

While your advice may be extremely wise for some countries, both Canada and the United States of America take very seriously their obligations as signatory nations to the Hague Convention on the Civil Aspects of International Child Abduction. Both countries are among the most compliant nations list. Parents who abduct their children and take them to either country not only end up losing custody, but in most cases also face criminal charges, jail terms and extradition.

Cheers,
James         Expat-blog Experts Team

mugtech

nickien wrote:

Thank everyone for all the responses.  The fiance visa is an option we would just have to speed up our plan for our wedding. Which is scheduled to be in 2 years, So yes, we do plan on getting married and I know we want to have the wedding we both planned for and not a downtown office marriage. I might look for other visa options or choose  another country to live in. We are fortunate enough to have other options available.

Thank Again,

nickien


Many who use the spousal or fiancee visa have a civil wedding to satisfy the legal requirements and then later have a church wedding on their own time in their own place. I Have a niece who was married on Cyprus, 6 months later had a church wedding in the Philippines.  Another niece had a civil wedding in the USA on a fiancee visa and then a year later had a church wedding in the Philippines'.

Articles to help you in your expat project in the USA

All of the USA's guide articles