Do I need K-1 visa

[Debby2850 0]

I am new to this forum and have a few questions.

My fiance and I are planning on getting married in the new year in the US. He is American and I am Canadian. I have two children from a former marriage. Here is where things get complicated.

He is inadmissible to Canada due to a DUI a few years back. We both live close to the border so I just go through every weekend to see him.

We will need to get married in the US for this reason. We haven't decided when yet but it will be soon. I do not intend to live in the US - our eventual plan is for him to move to Canada once we can apply for rehabilitation for him.

I will still retain my residence in Canada and he will retain his in the US until we decide which route to go. I will continue to work my job and keep my children in the private school which they attend.I will stay with him a couple of weeks out of a month as he goes out of town to work anyway so I don't want to uproute my children.

Is this option possible - to live in both countries and just commute?

Do we need to apply for K-1 Visa even if I don't intend to immigrate?

Thanks for you help

[YuAndDan 153]

K-1 is for entry to the USA and marriage.

Since you are asking this question you have CLEAR INTENT to immigrate to the USA that is what K-1, K-3 and CR-1 visas are for, NOT visitors visas, or VWP.

You can marry, but you may get stopped or hung up at the border and denied future entries if the POE officer sustects immigrations is the intent on future entries after marriage.

Edited November 10, 2008 by YuAndDan

[payxibka 10,045]

no, a K-1 gas an underlying immigrant intent attached ... would be very problematic for you from a "visiting" standpoint post entry.

K-1 is for entry to the USA and marriage.

Since you are asking this question you have CLEAR INTENT to immigrate to the USA that is what K-1, K-3 and CR-1 visas are for, NOT visitors visas, or VWP.

You can marry, but you may get stopped or hung up at the border and denied future entries if the POE officer sustects immigrations is the intent on future entries after marriage.

She does NOT have CLEAR INTENT yet as I read it...

Edited November 10, 2008 by payxibka

[KimandRuss 0]

K1 is for those with immigrant intent. Since you are not planning on moving to the US I don't understand why you would want it.

You can just marry in the US and then leave as you have been doing. Immigration is not concerned with your marriage and you do not need a visa to marry a US citizen...just to stay in the US.

My only concern would be getting in the US on a regular basis. It is up to you to prove there is no immigrant intent when entering the US.. having a USC husband may raise more red flags than you have now when you enter. Each port of entry is not created equally.

That being said, there is also the new ESTA that will become mandatory in January for VWP Countries... not sure the same rules will apply for Canada but it's something you'll want to look into if someone else doesn't chime in here in regards to that.

[pushbrk 12,978]

I am new to this forum and have a few questions.

My fiance and I are planning on getting married in the new year in the US. He is American and I am Canadian. I have two children from a former marriage. Here is where things get complicated.

He is inadmissible to Canada due to a DUI a few years back. We both live close to the border so I just go through every weekend to see him.

We will need to get married in the US for this reason. We haven't decided when yet but it will be soon. I do not intend to live in the US - our eventual plan is for him to move to Canada once we can apply for rehabilitation for him.

I will still retain my residence in Canada and he will retain his in the US until we decide which route to go. I will continue to work my job and keep my children in the private school which they attend.I will stay with him a couple of weeks out of a month as he goes out of town to work anyway so I don't want to uproute my children.

Is this option possible - to live in both countries and just commute?

Do we need to apply for K-1 Visa even if I don't intend to immigrate?

Thanks for you help

K1 visa is for fiance(e) with immigrant intent. Since you don't intend to immigrate, you don't need a K1 visa.