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Is there an equivalent to US K-3 Visa?

lara2013

Newbie
Jun 28, 2013
2
0
I'm Canadian marrying a foreign citizen and we are trying to figure out what is the best rout to take so we can live together as soon as possible.

He needs Visa to enter Canada. We applied for TRV 4 months ago so he can visit me here as I used up all my vacation, but he got rejected :( This basically meant that I have to take leave of absence from work and travel in order to see him. Luckily he has US Visa so meet up there.

We are planning to apply for his PR right after getting married but I'm finding it hard to imagine another year+ (his VO shows 14 months) being apart while PR application is in process!!!

Does anyone have a suggestion on what we can do? I know US has K-3 Visa that allows spouse to live in US while paperwork is in process.

Any suggestion is appreciated

Thank you
 

scylla

VIP Member
Jun 8, 2010
97,404
23,197
Toronto
Category........
Visa Office......
Buffalo
Job Offer........
Pre-Assessed..
App. Filed.......
28-05-2010
AOR Received.
19-08-2010
File Transfer...
28-06-2010
Passport Req..
01-10-2010
VISA ISSUED...
05-10-2010
LANDED..........
05-10-2010
Canada has no true equivalent to the K3. I suppose the closest thing is coming to Canada and applying for PR inland.
 

screech339

VIP Member
Apr 2, 2013
7,887
553
Category........
Visa Office......
Vegreville
Job Offer........
Pre-Assessed..
App. Filed.......
14-08-2012
AOR Received.
20-11-2012
Med's Done....
18-07-2012
Interview........
17-06-2013
LANDED..........
17-06-2013
scylla said:
Canada has no true equivalent to the K3. I suppose the closest thing is coming to Canada and applying for PR inland.
Canada at one time was allowing sponsorship for fiance. It got cancelled probably due to the abuse of it. People coming over to get married only to change their mind after they got PR and not follow through on the marriage. This leave their engaged sponsor high and dry , at the time, 10 year financial obligation. The abuse of this must have been very high that government had no choice but to cancel the fiance sponsorship completely.

Screech339
 

scylla

VIP Member
Jun 8, 2010
97,404
23,197
Toronto
Category........
Visa Office......
Buffalo
Job Offer........
Pre-Assessed..
App. Filed.......
28-05-2010
AOR Received.
19-08-2010
File Transfer...
28-06-2010
Passport Req..
01-10-2010
VISA ISSUED...
05-10-2010
LANDED..........
05-10-2010
screech339 said:
Canada at one time was allowing sponsorship for fiance. It got cancelled probably due to the abuse of it. People coming over to get married only to change their mind after they got PR and not follow through on the marriage. This leave their engaged sponsor high and dry , at the time, 10 year financial obligation. The abuse of this must have been very high that government had no choice but to cancel the fiance sponsorship completely.

Screech339
FYI - OP is not asking about a fiance(e) visa - which is a K-1. OP is asking about a K-3 which is a spousal non-immigrant visa.
 

screech339

VIP Member
Apr 2, 2013
7,887
553
Category........
Visa Office......
Vegreville
Job Offer........
Pre-Assessed..
App. Filed.......
14-08-2012
AOR Received.
20-11-2012
Med's Done....
18-07-2012
Interview........
17-06-2013
LANDED..........
17-06-2013
scylla said:
FYI - OP is not asking about a fiance(e) visa - which is a K-1. OP is asking about a K-3 which is a spousal non-immigrant visa.
You are correct about K-3. Canada doesn't have an equilvant version of it. Only canadian Temporary Resident Visa with rules to abide by to everyone regardless of personal circumstances.

Screech339
 

Kiri

Hero Member
Jan 31, 2012
453
13
124
Hamilton, Ontario
Category........
Visa Office......
Ottawa
Job Offer........
Pre-Assessed..
App. Filed.......
18-05-2012 App. Return....: 30-8-2012 App. Refiled....: 02-01-2013
Doc's Request.
24-01-2013
AOR Received.
23-01-2013 Mississauga 10-05-2013 Ottawa
File Transfer...
19-02-2013
Med's Request
23-07-2013 (New XRay)
Med's Done....
11-05-2012
Interview........
Waived
Passport Req..
Decision Made 03-09-2013 without PPR
VISA ISSUED...
27-09-2013
LANDED..........
04-12-2013
Unfortunately, waiting X amount of months to be reunited with spouses (or spouses to be) is what the majority of us have had to go through. The only solid way to avoid that is to come on a temporary travel visa and then apply for PR inland while in Canada to secure implied status - he just wouldn't be able to leave until it was over or he wouldn't have that implied status anymore.

The only other way, which is not a absolutely certain way to stay with your partner is do as I did... come on temporary, apply for extension on grounds of the PR application going in (which if you're not married or common law or anything you couldn't do that) and continuously apply for extensions. I have been lucky and have only been out of Canada 3 weeks since May 2011 due to extensions on my visitor record. I now was just granted another until May of next year, but I have a Decision Made on my application so I'll be done here shortly and won't need the extended record.

I'm sorry that you guys are in the situation, but it is a situation many of us face - and not many can be so lucky as to get the extensions like this. Typically they do grant one if you satisfy their requirements though. But there are many couples who are actually married and have been married and together 10 years who have had to wait 2-3 years for the immigration process to be over before they could live together permanently. I will have been at this for 3 years as of May 2014 - thankfully it won't take that long I'm sure since there is a decision made... but I've still been at it for 2 1/2 and not knowing when and if I'll have to be separated from my husband.

Good luck to you, I wish I had something better to tell you, but I figure a little of how I've managed to stay might help you pick a path.