Getting married

[rgburress 0]

I have another topic on here too but this one is a bit different of a question so I wasn't sure if I should do a new topic or not. We have been looking into doing the K1 fiances visa. But I was wondering what would happen if she came here and we just happened to decide to get married when she is here? Could she stay here while we apply for her to be able to stay (I believe that's the K3 but I'm not sure). Or will she have to go back to Canada while we wait for everything to go through?

[payxibka 10,047]

I have another topic on here too but this one is a bit different of a question so I wasn't sure if I should do a new topic or not. We have been looking into doing the K1 fiances visa. But I was wondering what would happen if she came here and we just happened to decide to get married when she is here? Could she stay here while we apply for her to be able to stay (I believe that's the K3 but I'm not sure). Or will she have to go back to Canada while we wait for everything to go through?

She could stay as long as she has authorization to stay, as given at the border.... for Canadians I believe it is a 6 mos. stay period.

[rgburress 0]

Any chance the paperwork would be processed within that 6 months?

[Nik+Heather 121]

I think the average is 8 months. But there is a chance, yes, that it could be done and she would only need to return for the interview.

[Mike B. 231]

You have to be very careful doing this because if your fiancee comes on a tourist visa with the intent on getting married and immigrating, then she is commiting visa fraud, a serious crime.

[payxibka 10,047]

Any chance the paperwork would be processed within that 6 months?

depends on the USCIS service center and the consulate you will use.... probably optimistic for 6 mos. She would still need to go home for the interview.

[redglasses 1]

Are you intending to go for AOS or K3/CR1?

[rgburress 0]

Are you intending to go for AOS or K3/CR1?

I have no clue, I honestly do not know much about any of this stuff. I will have to read into what either of those are to know for sure. I'm trying to figure out what our best options are to be able to be together as soon as we can.

[rgburress 0]

Does anyone know anything about the DCF option, the link for more information on it says no longer valid

[Anh map 2,098]

DCF is for when both the USC and spouse are legal residents of a foreign country.

[rgburress 0]

DCF is for when both the USC and spouse are legal residents of a foreign country.

oh ok, nevermind on that one then. I will read through the guides and see which way we want to go about doing this. Thank you everyone for your help.

[TimandJoyce 1]

Are you intending to go for AOS or K3/CR1?

I have no clue, I honestly do not know much about any of this stuff. I will have to read into what either of those are to know for sure. I'm trying to figure out what our best options are to be able to be together as soon as we can.

I can appreciate that. Look into it very carefully before making final decisions. I think that you can get married, but not file AOS but the K3 or CR1 (which I've heard is much better and cheaper!) And I'd also like to say that if she came and you married and filed AOS, you need to prove her intent of visiting was NOT to get married. That may be hard to do. It was suggested to me to do that with Tim, instead of all the "other" paperwork stuff...but I figured that it was too risky and we went about the K-1 route. Best wishes for your plans!!

By the way. A Canadian can visit for 180 days. It's roughly like 6 months, but you need to watch the days, not months that she's visiting.

[rgburress 0]

Are you intending to go for AOS or K3/CR1?

I have no clue, I honestly do not know much about any of this stuff. I will have to read into what either of those are to know for sure. I'm trying to figure out what our best options are to be able to be together as soon as we can.

I can appreciate that. Look into it very carefully before making final decisions. I think that you can get married, but not file AOS but the K3 or CR1 (which I've heard is much better and cheaper!) And I'd also like to say that if she came and you married and filed AOS, you need to prove her intent of visiting was NOT to get married. That may be hard to do. It was suggested to me to do that with Tim, instead of all the "other" paperwork stuff...but I figured that it was too risky and we went about the K-1 route. Best wishes for your plans!!

By the way. A Canadian can visit for 180 days. It's roughly like 6 months, but you need to watch the days, not months that she's visiting.

whatever happened to innocent until proven guilty? lol. do they say how you could prove there were no intentions to marry beforehand? because if they wanted to be rough about it it would be almost impossible to prove that.

[JimVaPhuong 4,863]

whatever happened to innocent until proven guilty? lol. do they say how you could prove there were no intentions to marry beforehand? because if they wanted to be rough about it it would be almost impossible to prove that.

If she had already arrived in the US on some other type of visa - tourist, student, H work visa, etc. - and you met each other after she arrived, then it would be pretty easy to prove. Being able to marry and apply for AOS while in the US on a different sort of visa was kind of designed for scenarios like that, where the foreigner met the US citizen after coming to the US. If they knew each other prior to the arrival of the foreigner and subsequently got married, then the intent of the original visa is going to be suspect.

[rgburress 0]

whatever happened to innocent until proven guilty? lol. do they say how you could prove there were no intentions to marry beforehand? because if they wanted to be rough about it it would be almost impossible to prove that.

If she had already arrived in the US on some other type of visa - tourist, student, H work visa, etc. - and you met each other after she arrived, then it would be pretty easy to prove. Being able to marry and apply for AOS while in the US on a different sort of visa was kind of designed for scenarios like that, where the foreigner met the US citizen after coming to the US. If they knew each other prior to the arrival of the foreigner and subsequently got married, then the intent of the original visa is going to be suspect.

Is there anyone way to prove it though even if we have met before? I know I have heard that if you wait like 3 months after she is here it will be less suspect, but I don't want to mess things up and not have her be able to come here, then I would have to try to get into canada and it is cold up there lol.