Canadian seeks K1 while remaining in the US (Is is possible?)

[Timothy Campbell 0]

Short Version: I am Canadian. My fiancee is American. We've been investigating the K1 Visa. I've been living with her in Kentucky since May 5th. It seems that I have no choice but to go back to Canada on July 31st. I would rather stay with her. Is that possible?

Long Version: I met my fiancee K via an online philosophy discussion group. I flew down here to Kentucky for 2 weeks in February so that her parents could see that I wasn't a nut. This opened the door for us to live together, starting on May 5th. I told the immigration officer at the airport that I planned to return to Canada on or before July 31st -- i.e. just under 3 months. (He did not give me an I-94 form, by the way; he just waved me past.)

K and I had decided that we needed to get to know one another, since we only knew each other from the net. I'm pleased to say that after two months we are ready to marry, but (1) we don't have money for expensive lawyers and (2) we shudder at the prospect that if I return to Canada the processing could keep us apart for weeks or even months.

We've got a good life here, and it'd be wonderful if I could extend my stay somehow and apply for the K1 visa here in Kentucky. But with less than 20 days to go, I wonder if that's possible. I've looked for something about an extension, but I didn't find anything that seemed quite right. I'm worried about introducing a complexity that would mess up the K1 application.

We're prepared to drive all the way to the Louisville office if necessary, but it would be pointless if all they're going to do is shrug.

My Question: Does anybody have any suggestions about this kind of situation?

Addendum: I'll be logging in daily, so if you need to know more, feel free to ask in this thread. Thanks!

[L_n_O 3]

Unless you marry right now and then adjust status, you're going to have to go back..

[KarenCee 3]

Agree with Liz here. K1 is for a Fiancé Visa...you can't stay here the whole time as the interview has to be done at the Consulate in Canada, either Vancouver or Montréal. K3 is for a Spousal Visa, with the same thing...you'd have to go back to Canada eventually for the interview. Sounds like you'd have to do as Liz suggested or go home on July 31 and decide which visa route to go.

Oh and I would definitely advise you and your fiancée to read the Guides section. You can find it at the top of the website. Good luck.

Edited July 6, 2007 by KarenCee

[Urge To Race 2]

Unless you marry right now and then adjust status, you're going to have to go back..

Yes, if you don't want to go back, get married in a quick civil ceremony before the end of the July. This isn't fraud because you had no intention of marrying the last time you crossed the border into the US, and it would be spur of the moment. Then you can adjust status to legal permanent resident, staying with your SO the whole time.

[Krikit 1,164]

Canadians are allowed to stay in the US for up to six months. We don't receive I-94's. This means you're good until the end of October.

If you decide to get married and stay, you can adjust status from the US. In other words, you don't have to leave.

Best of luck.

[Krikit 1,164]

Ooops. Just noticed that you came here in February so your six months is coming up. Sorry about that.

[Timothy Campbell 0]

Wow, did I ever misconstrue how things work! (My head was swimming from all the research into the various tutorials, forms, warnings, FAQs etc.)

Despite my overwhelmed state, this sounds like good news to me. I am prepared to marry K at the drop of a hat; the fiancé approach was (I thought) the best way. Looks like I was wrong.

As for the July 31st date, I was led to believe (by a web site) that the longest I could stay here was 3 months. If I'd known I could stay six months I would have told that to the immigration officer at the airport!

Let me re-read the replies (thanks!) and get my bearings -- this new information requires a shift in my outlook. I'll post again as soon as I can. (K is at work, so that may take a while. I'll see how it goes.)

Wow, this site rocks!

[Timothy Campbell 0]

Ooops. Just noticed that you came here in February so your six months is coming up. Sorry about that.

Actually, I was here in February for 2 weeks only (so her parents could see that I was reasonably normal). I returned here on May 5th, by which time K had her own apartment, in preparation for the possibility of marriage.

In theory, then, I could stay here until May 5th plus six months, but that would go against what I said (verbal statement) to the immigration officer at the airport. He may have written that down somewhere, and I wouldn't want them to consider me a scoff-law.

[Dan J 277]

Ooops. Just noticed that you came here in February so your six months is coming up. Sorry about that.

Actually, I was here in February for 2 weeks only (so her parents could see that I was reasonably normal). I returned here on May 5th, by which time K had her own apartment, in preparation for the possibility of marriage.

In theory, then, I could stay here until May 5th plus six months, but that would go against what I said (verbal statement) to the immigration officer at the airport. He may have written that down somewhere, and I wouldn't want them to consider me a scoff-law.

Well, you can get married now, and file for AOS and skip getting a K-1 or K-3 visa, if you had no intent to get married when you entered, which it looks like is the case, but only you know that. In addition to the regular AOS, you would file an I-130 and you would need to get a full medical.

Otherwise you need to return to Canada before your current visa expires. Overstaying will only make things worse. (Although you need to overstay 180 days before you get a ban). You would need to return to Canada anyway for the medical and interview.

[Krikit 1,164]

Ooops. Just noticed that you came here in February so your six months is coming up. Sorry about that.

Actually, I was here in February for 2 weeks only (so her parents could see that I was reasonably normal). I returned here on May 5th, by which time K had her own apartment, in preparation for the possibility of marriage.

In theory, then, I could stay here until May 5th plus six months, but that would go against what I said (verbal statement) to the immigration officer at the airport. He may have written that down somewhere, and I wouldn't want them to consider me a scoff-law.

Oh, okay. So I wasn't reading wrong. Don't worry about the date you gave them at the airport. I told my husband he was getting chicken for dinner but I changed my mind and he got lasagna. People change their minds..... it's okay. As long as you don't stay beyond six months you're still legally in the country.

Edited July 7, 2007 by Krikit

[Krikit 1,164]

Otherwise you need to return to Canada before your current visa expires. Overstaying will only make things worse. (Although you need to overstay 180 days before you get a ban). You would need to return to Canada anyway for the medical and interview.

D&G: Canadians don't require a visa to visit the United States.

[Dan J 277]

Otherwise you need to return to Canada before your current visa expires. Overstaying will only make things worse. (Although you need to overstay 180 days before you get a ban). You would need to return to Canada anyway for the medical and interview.

D&G: Canadians don't require a visa to visit the United States.

I know that, they still cant just stay here. While they may not go through the same procedures that citizens of other countries go through, they do still have a similar status.

[Silke 1]

Well, you can get married now, and file for AOS and skip getting a K-1 or K-3 visa, if you had no intent to get married when you entered, which it looks like is the case, but only you know that. In addition to the regular AOS, you would file an I-130 and you would need to get a full medical.

[pushbrk 12,824]

Otherwise you need to return to Canada before your current visa expires. Overstaying will only make things worse. (Although you need to overstay 180 days before you get a ban). You would need to return to Canada anyway for the medical and interview.

D&G: Canadians don't require a visa to visit the United States.

I know that, they still cant just stay here. While they may not go through the same procedures that citizens of other countries go through, they do still have a similar status.

And adjustment of status interviews are conducted in the US. There is not need to return to Canada.

Unless there is a stamp in their passport or record of entry it's pretty difficult to overstay. I seem to recall a recent thread where a Canadian needed proof of legal entry in order to file AOS. I'd check and make sure you don't need that before attempting to adjust status.

Edited July 7, 2007 by pushbrk

[Krikit 1,164]

Unless there is a stamp in their passport or record of entry it's pretty difficult to overstay. I seem to recall a recent thread where a Canadian needed proof of legal entry in order to file AOS. I'd check and make sure you don't need that before attempting to adjust status.

Good point, pushbrk. Make sure you keep a copy of your plane ticket, Timothy. And anything else you can find which will show you did not intend to stay when you entered the country.

we don't have money for expensive lawyers

Unless your case is really complicated, you can do this without a lawyer.

we shudder at the prospect that if I return to Canada the processing could keep us apart for weeks or even months.

K-visa processing takes many many months. You're best to stay here, get married, then adjust status.