International (3rd country) travel and visa application

[smrowe 12]

My boyfriend (Canada) and I (US) have decided to get married, and we're trying to decide whether we should apply for a K1 and get married here, or to get married in Canada and then apply for the K3 or IR1/CR1. A big obstacle at this point in figuring it out is that he will have to travel to Peru for several months, beginning at the end of July, for his studies (graduate student). If we begin either process and then he happens to be in Peru when they want to do the interview in Canada, what would happen to our application? Would they be able to interview him at the Canadian Embassy in Lima? Also, he would need to be able to enter the US this fall for a professional conference, and we don't want him to be denied because of a pending visa application. We're just starting out, and I've read as much as I can, but already overwhelmed by all the options. Any help you folks can give would be greatly appreciated!

[GnBnL 50]

I think CR-1 option is probably better as you get more bang for you buck so to speak. As far as interview goes, not sure if you can interview abroad! If you have these obligations, you may just want to wait on filing as he can visit you as much as he likes as long as he has strong ties to Canada! Maybe file after his conference, and you won't have to worry about any complications? good luck!

Just wanted to add--you may want to wait to get married and file, not just file as I said previoiusly. And to be clear, as a Canadian he can visit the US for up to 6 months per Calendar year total. He must have strong ties to Canada to do so, and it is ultimately up to the border officer to determine whether he can enter or not. If you'd like some specifics on strong ties, feel free to PM me.

Edited April 2, 2012 by GnBnL

[Sandra G. 5,043]

In order to attend the interview in a third country he must be a resident permanent of that Country, and as far I understood he will have just a visa student visa, that being said the answer is no, the US Consulate won't allow him to attend the interview in Peru.

[JimVaPhuong 4,863]

My boyfriend (Canada) and I (US) have decided to get married, and we're trying to decide whether we should apply for a K1 and get married here, or to get married in Canada and then apply for the K3 or IR1/CR1. A big obstacle at this point in figuring it out is that he will have to travel to Peru for several months, beginning at the end of July, for his studies (graduate student). If we begin either process and then he happens to be in Peru when they want to do the interview in Canada, what would happen to our application? Would they be able to interview him at the Canadian Embassy in Lima? Also, he would need to be able to enter the US this fall for a professional conference, and we don't want him to be denied because of a pending visa application. We're just starting out, and I've read as much as I can, but already overwhelmed by all the options. Any help you folks can give would be greatly appreciated!

When you go through the immigration process you are at the mercy of the US government, and have to be flexible enough to work with their timetable. Your fiance isn't ready to immigrate yet. Wait until he's ready and can be flexible with his schedule, and then file the petition. Whether you marry first or decide to go for a fiance visa is up to you.