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vimala

What to do for Canadian student Marrying US Citizen

By vimala in K-1 Fiance(e) Visa Process & Procedures

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vimala Newbie

vimala   0

Posted
Filed: K-1 Visa Timeline
Posted

Hi everyone: would greatly appreciate any thoughts insight on this!

My brother is a Canadian citizen who was admitted to a PH.D program in the US and will begin school in September. As a Canadian citizen, I believe he would not need an F-1 visa as there is a visa waiver program in place (but if anyone can confirm this--that would be great).

The complicating factor is that he wants to marry his fiancee (a US citizen) in August of this year. I don't think he would need a K1 visa as he has an alternate legitimate reason for coming to the United States but I would greatly appreciate ya'lls thoughts on this.

Thank you!

Ladylethal Grand Master

Ladylethal   12

Posted
Filed: Citizen (apr) Country: Brazil
 Timeline
Posted

I can´t help on the visa part of his student period, my guess is that he needs one if the course is long.

But if he´s there on a student visa and wants to get married in August, I don´t see any problem in it, he can get married and go straight to AOS.

(Puerto Rico) Luis & Laura (Brazil) K1 JOURNEY
04/11/2006 - Filed I-129F.
09/29/2006 - Visa in hand!
10/15/2006 - POE San Juan
11/15/2006 - MARRIAGE
AOS JOURNEY
01/05/2007 - AOS sent to Chicago.
03/26/2007 - Green Card in hand!
REMOVAL OF CONDITIONS JOURNEY
01/26/2009 - Filed I-751.
06/22/2009 - Green Card in hand!
NATURALIZATION JOURNEY
06/26/2014 - N-400 sent to Nebraska
07/02/2014 - NOA
07/24/2014 - Biometrics
10/24/2014 - Interview (approved)

01/16/2015 - Oath Ceremony


*View Complete Timeline

happyimmigrant Collaborator

happyimmigrant   0

Posted
Filed: Citizen (apr) Country: Canada
 Timeline
Posted
  vimala said:
Hi everyone: would greatly appreciate any thoughts insight on this!

My brother is a Canadian citizen who was admitted to a PH.D program in the US and will begin school in September. As a Canadian citizen, I believe he would not need an F-1 visa as there is a visa waiver program in place (but if anyone can confirm this--that would be great).

The complicating factor is that he wants to marry his fiancee (a US citizen) in August of this year. I don't think he would need a K1 visa as he has an alternate legitimate reason for coming to the United States but I would greatly appreciate ya'lls thoughts on this.

Thank you!

I don't know if he would qualify under the visa waiver program for students - definitely not my area of expertise.

However, if he is there as a student with status (i.e. not illegally), he is free to marry whoever he wants - and at that point, file for an adjustment of status for permanent residence. He will be able to stay in the US during the process.

chocolaterie Community Regular

chocolaterie   1

Posted
Filed: AOS (apr) Country: Canada
 Timeline
Posted

i entered the states as an f-1 student, but I didn't have the same type of paperwork as students from other countries. As a cdn citizen I believe you only need an I-20, and they process it at the border. When I crossed I didn't even need a passport, just my driver's license and birth certificate (but this may change).

If he enters the states, and spontaneously gets married he can file for AOS. But please be aware that this is a very hot topic for some, many others may recommend getting married via a k-1, or do a k-3 after marriage.

Barbara (Canada) & Dallas (USC)

AOS

Nov 13 2005 EAD & I-485 sent to Chicago Lockbox

Nov 22, 2005 EAD & I-485 NOA1

Dec 15, 2005 Biometrics for EAD & I-485

Dec 19, 2005 EAD & I-485 Touched

Jan 21, 2006 Rec'd I-485 Fingerprint Reschedule Notice (AHHH!!!)

Feb 10, 2006 Fingerprint App't

Feb 1, 2006 EAD Approved!!!!

Feb 11, 2006 Rec'd EAD card

Feb 13, 2006 Applied for SSN

Feb 17, 2006 Rec'd SSN

Feb 23, 2006 I-485 Transferred to CSC (AHHH!!)

Mar 02, 2006 I-485 Has been received at CSC

Mar 13, 2006 I-485 Touched

Mar 14, 2006 I-485 Touched

Apr 15 & 25 2006 emailed CSC for status inquiry on I-485

Apr 26 2006 received a response from CSC, another response in 60 days (ahhhhh!!!)

Apr 27, 2006 I-485 Touched

Jun 17, 2006 I-485 Touched

Jun 19, 2006 I-485 Touched

Jun 20, 2006 I-485 Touched

July 3, 2006 emailed CSC again, no response given in the allotted 60 days time frame.

July 27, 2006 received a response from CSC, another response will be given in 30 days.. ha ha ha.

***app sent back to Missouri ***app sent to Chicago

Aug 21 2006 touched

Sept 29 2006 3rd year Anniversay

October 13, 2006 Immigration Interview - Need to return with Long Form Birth Certificate

October 13, 2006 Long Form Birth Cert ordered with expediated shipping

October 18, 2006 Birth Cert Received

October 19, 2006 2nd Immigration Interview - APPROVED

5-20 business days for the Green Card to arrive, maybe I'll be back to see my family before Christmas?

Kajikit Proficient

Kajikit   65

Posted
Filed: Citizen (apr) Country: Australia
 Timeline
Posted

If he comes to the US as a student, yes he is allowed to get married while he is here...

Karen - Melbourne, Australia/John - Florida, USA

- Proposal (20 August 2000) to marriage (19 December 2004) - 4 years, 3 months, 25 days (1,578 days)

STAGE 1 - Applying for K1 (15 September 2003) to K1 Approval (13 July 2004) - 9 months, 29 days (303 days)

STAGE 2A - Arriving in US (4 Nov 2004) to AOS Application (16 April 2005) - 5 months, 13 days (164 days)

STAGE 2B - Applying for AOS to GC Approval - 9 months, 4 days (279 days)

STAGE 3 - Lifting Conditions. Filing (19 Dec 2007) to Approval (December 11 2008)

STAGE 4 - CITIZENSHIP (filing under 5-year rule - residency start date on green card Jan 11th, 2006)

*N400 filed December 15, 2011

*Interview March 12, 2012

*Oath Ceremony March 23, 2012.

ALL DONE!!!!!!!!

 
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