Need real advice for hypothetical situation

[semers 0]

Bear with me here. I'm in a grad program at a Canadian University (though I'm a US citizen) and want to marry my Indian boyfriend. We were thinking of applying for a K1, but I don't know if I dare marry him on a K1 because I'm living in Montreal and could be here for the next several years studying and he's not really allowed to cross the border until he has a green card in hand, if I understand correctly.

My question is, would it work to live together close to the border in Vermont even though I'd be gone most of the week? Would long weekends in VT, a lease and some bills with our names in VT, etc., be enough to extablish convicing evidence of co-habitation? I just have no idea if that powers that be would think it was a legitimate marriage situation if I'm away more days than in VT with my husband. Would this look suspiciously unmarital in the eyes of the immigration authorities?

Alternatively, I'm willing to marry him in India on K3, except that my family really wants him to come here (to the US) before we marry. Is it possible to get a k1, not get married, go back to India with him, get married and apply for K3? It would take an eternity but would it look strange during the K3 process to have already had a K1 that expired?

Any thoughts?

SemerS

[Yodrak 7]

SemerS,

Real advice comes from immigration attorneys. And it comes quite inexpensively relative to the total cost of immigration, especially if it saves expensive false steps.

Yodrak

Bear with me here. I'm in a grad program at a Canadian University (though I'm a US citizen) and want to marry my Indian boyfriend. We were thinking of applying for a K1, but I don't know if I dare marry him on a K1 because I'm living in Montreal and could be here for the next several years studying and he's not really allowed to cross the border until he has a green card in hand, if I understand correctly.

My question is, would it work to live together close to the border in Vermont even though I'd be gone most of the week? Would long weekends in VT, a lease and some bills with our names in VT, etc., be enough to extablish convicing evidence of co-habitation? I just have no idea if that powers that be would think it was a legitimate marriage situation if I'm away more days than in VT with my husband. Would this look suspiciously unmarital in the eyes of the immigration authorities?

Alternatively, I'm willing to marry him in India on K3, except that my family really wants him to come here (to the US) before we marry. Is it possible to get a k1, not get married, go back to India with him, get married and apply for K3? It would take an eternity but would it look strange during the K3 process to have already had a K1 that expired?

Any thoughts?

SemerS

[semers 0]

Thanks Yodrak. Anyone you'd recommend? Particularly someone who could accomodate a student budget?

BTW, why was moved to the K3 forum?

S

[Yodrak 7]

S,

Can't think of an appropriate recommendation.

Maybe your 3rd paragraph. Where was it moved from?

Yodrak

Thanks Yodrak. Anyone you'd recommend? Particularly someone who could accomodate a student budget?

BTW, why was moved to the K3 forum?

S

[semers 0]

Yodrak,

It was moved from the AOS/green card general discussion. I guess there's not really a good place for it, but I thought AOS would be more apt than K1 or K3.

S

[Reba 2]

where is your boyfriend now? Canada or India?

If you're to be in Canada for several years still, why not see about getting him to Canada as well, live together there until you're finished school and Then work on US immigration.

Of course Canadian immigration is a pain in the #######, but it may be doable. Check their website to see if he's eligible for anything.

http://www.cic.gc.ca/english/index.html

[john_and_marlene 162]

Intentionally using a visa for other than it's intended purpose is fraud. The K-1 visa is not a 3-month come meet the family visa. It has a specific purpose. It is not an alternative to a B2 visa.

[Jersey Girl 2]

Wildcard option: why not consider going back to the States to go to school there? Yes, it's expensive, but it may be easier to petition for a visa. Yodrak is right; you need a good immigration attorney to see if you can stay in Canada (on a student visa?) and petition for him to enter the U.S. Is he in Canada as a student?