K-1 Fiance Visa

[court 0]

New Poster here. I met my current fiance in Nov of 2006. I am a Canadian Citizen and my bride to be is in the USA. I am still waiting to get my divorce here in Canada finalized. I looked into the TN1 Visa, but since i don't have a degree, and i have worked as a GM in the Restaurant Business for years, I don't think i can get one. My fiance and I want to live together ASAP. I plan on moving down there in May of this year. I know I can visit the USA for up to six months. While i am down there, and once my divorce is finalized here in Canada, can i apply for the K-1 Visa? And once i apply am i allowed to stay down there for the time being until it is processed? Are there any work permits i can apply for in the interm? Or can I work while i am down there on my K1 visa? Or do i have to wait for my green card? I read that immigration in the USA frowns upon couples applying for a green card if there marriage is less than two years old..

[YuAndDan 153]

K-1 cannot be applied for until after divorce is final, both persons must be free to marry before filing the I-129F.

You can visit while the K-1 is processing, BUT do not overstay the visit, doing so will affect the ability to get the visa.

FAQ: 4.6)...Can my fiance(e) come to the US to visit me once the visa process is started?

http://www.visajourney.com/faq/k1k2visa-application.html#4.6

[MarkNAshley 0]

You are not allowed to work on a K-1 visa unless you get an EAD stamp/card but the stamps are only given out at JFK airport. You don't need to wait for your greencard, just your EAD.

I spent 4 months in the US waiting for the K-1 process to complete and had no problems.

[court 0]

You are not allowed to work on a K-1 visa unless you get an EAD stamp/card but the stamps are only given out at JFK airport. You don't need to wait for your greencard, just your EAD.

I spent 4 months in the US waiting for the K-1 process to complete and had no problems.

So this is my plan then. Once my divorce is finalized, i will go down to the USA ASAP. Once i am down there i will apply for the K1 Visa. Can i do this in edmonton alberta before i head down? Or is it better to apply for it while i am down there. Once I get the K1 Visa i have to be married within 90 days right? How long does it take to get an EAD after my K1 is awarded to me?

[YuAndDan 153]

You are not allowed to work on a K-1 visa unless you get an EAD stamp/card but the stamps are only given out at JFK airport. You don't need to wait for your greencard, just your EAD.

I spent 4 months in the US waiting for the K-1 process to complete and had no problems.

So this is my plan then. Once my divorce is finalized, i will go down to the USA ASAP. Once i am down there i will apply for the K1 Visa. Can i do this in edmonton alberta before i head down? Or is it better to apply for it while i am down there. Once I get the K1 Visa i have to be married within 90 days right? How long does it take to get an EAD after my K1 is awarded to me?

US citizen, files the petition, all you provide G-325A form, and letter of intent to marry within 90 days of entry on the K-1.

You may want to read the K-1 guide.

You apply for EAD with the AOS petition (I-485+I-765+I-131)

EAD can be applied for Before, With or After filing for AOS. It is recommended to apply for EAD with or After filing for AOS, because if you apply for one before, the fee is $340, and the EAD that results is good only 90 days after entry on the K-1, EAD can take 90 days to get, so this tends to result in a USELESS EAD card.

Edited March 7, 2008 by YuAndDan

[Meridien 0]

So this is my plan then. Once my divorce is finalized, i will go down to the USA ASAP. Once i am down there i will apply for the K1 Visa. Can i do this in edmonton alberta before i head down? Or is it better to apply for it while i am down there. Once I get the K1 Visa i have to be married within 90 days right? How long does it take to get an EAD after my K1 is awarded to me?

Your fiance - the US citizen - has to be the one who files the application on your behalf. She can do this while you're in Canada or the US. You are only allowed to be in the US for 6 months per year without a visa, so make sure you come back to Canada before the six months is up. You will need to return to Canada to attend an interview at the US consulate in Montreal or Vancouver anyway before you get your visa.

Once you get your K-1, your have 6 months to activate it (i.e. to enter the US using the visa), then once you've entered the US you have 3 months to get married. EAD is taking about 2-3 months to be processed at the moment, check the timelines under 'Immigration Timelines' to get the most recent info.

Good luck!

[ZansGirl 0]

My fiance and I want to live together ASAP. I plan on moving down there in May of this year. I know I can visit the USA for up to six months. While i am down there, and once my divorce is finalized here in Canada, can i apply for the K-1 Visa? And once i apply am i allowed to stay down there for the time being until it is processed?

Can someone clarify this???

CAN you live in the US while you are waiting for the K-1 (and i assume the K-1 is the same as the I-129f???)

That was the plan Zan and I amde, but all information we got was NO!!! DO NOT ATTEMPT TO MOVE TO THE US UNTIL AFTER THE VISA IS GRANTED...

so...please...could someone clarify this.....

thanks

Tangie

[SapphireDreams 71]

When you go to visit the U.S. with a K1 pending, or before you apply - you need to show ties that you are going back to Canada and not just moving to the U.S. - So you need a lease, letter from an employer, bills, things are show you are still connected to Canada.

If you pack up your stuff and attempt to move to the U.S. while it is still pending and tell them that, they will most likely deny you entry.

Also, if you are visiting for 6 months, be sure you have enough financially to prove that you can support yourself for that entire time.

[court 0]

When you go to visit the U.S. with a K1 pending, or before you apply - you need to show ties that you are going back to Canada and not just moving to the U.S. - So you need a lease, letter from an employer, bills, things are show you are still connected to Canada.

If you pack up your stuff and attempt to move to the U.S. while it is still pending and tell them that, they will most likely deny you entry.

Also, if you are visiting for 6 months, be sure you have enough financially to prove that you can support yourself for that entire time.

Can i get a TN Visa? I made the mistake of working for my father for 12 years at our family run restaurant, he had promised me a part of the business at some point. I did go to school here in alberta For the Professional Golf Management Program, but decided to get back into the restaurant business. Once i told him i was getting a divorce, he pulled it all off the table, and thus i quit my job. I am now working in the insurance business here in Canada. I am a certified licensed insuranc broker, but no insurance business in the USA will hire me until i get my permanent residence status in USA. My divorce will be finalized in may. Do people in the Food and Beverage Industry qualify for a TN Visa? I plan on marrying my new girl down in the states, can i apply for a K1 visa while on my TN visa? Any help would be appreciated.

[Meridien 0]

My fiance and I want to live together ASAP. I plan on moving down there in May of this year. I know I can visit the USA for up to six months. While i am down there, and once my divorce is finalized here in Canada, can i apply for the K-1 Visa? And once i apply am i allowed to stay down there for the time being until it is processed?

Can someone clarify this???

CAN you live in the US while you are waiting for the K-1 (and i assume the K-1 is the same as the I-129f???)

That was the plan Zan and I amde, but all information we got was NO!!! DO NOT ATTEMPT TO MOVE TO THE US UNTIL AFTER THE VISA IS GRANTED...

so...please...could someone clarify this.....

thanks

Tangie

You can apply for the K-1 while you are in the USA, however you will still have to return before the 6 months is up. Also, you can't officially move to the US until you have the K-1 visa, so you won't be able to move all your stuff down there, and you will have to maintain a permanent residence in Canada until you have the visa. This is the important point - even if you are living in the US while you wait for your K-1, you are only there as a VISITOR not as a resident.

Edited March 8, 2008 by Meridien

[SapphireDreams 71]

When you go to visit the U.S. with a K1 pending, or before you apply - you need to show ties that you are going back to Canada and not just moving to the U.S. - So you need a lease, letter from an employer, bills, things are show you are still connected to Canada.

If you pack up your stuff and attempt to move to the U.S. while it is still pending and tell them that, they will most likely deny you entry.

Also, if you are visiting for 6 months, be sure you have enough financially to prove that you can support yourself for that entire time.

Can i get a TN Visa? I made the mistake of working for my father for 12 years at our family run restaurant, he had promised me a part of the business at some point. I did go to school here in alberta For the Professional Golf Management Program, but decided to get back into the restaurant business. Once i told him i was getting a divorce, he pulled it all off the table, and thus i quit my job. I am now working in the insurance business here in Canada. I am a certified licensed insuranc broker, but no insurance business in the USA will hire me until i get my permanent residence status in USA. My divorce will be finalized in may. Do people in the Food and Beverage Industry qualify for a TN Visa? I plan on marrying my new girl down in the states, can i apply for a K1 visa while on my TN visa? Any help would be appreciated.

No the TN Visa is only given to certain highly skilled workers (there is a list if you search) for example like Doctors, Nurses, etc. Retaurant Management or Insurance is not included I'm pretty sure.