In USA while filing for Canadian K-1 visa

[Elghazi2008 4]

A friend and her fiance want to file for the K-1 visa without her fiance having to go home to Canada to wait out the process, I am not exactly sure whether he's got a visa (I don't know how Canadian visitation to the US works...) or specifically what kind it is. Can anybody who's done or has any info on this give information on if/how this can be done? Her question to me was as follows, but any additional info would be helpful, I am giving her this link so that she can read/reply directly to any comments, etc.:

Q: Does he need to get an extension before we file for the K-1?..a friend online who immigrated here from Canada said he wont have to leave the US while waiting for the K-1 as long as he has an extension to work here..we don't know how to do that...

If there are topic posts that have already gone over this process, please reply with the links as well.

Thanks in Advance!

[soon2batexan 3]

If your friend's fiance is Canadian, as long as he/she doesn't overstay the 6 months they're allowed to stay. They shouldn't have to file for an extension unless the Canadian fiance wants to stay beyond that. He/she can remain in the US while the K-1 is being process, but they won't be able to work and will have to return to Canada to interview at either the Montreal or Vancouver Consulate. Montreal can be a lengthy wait for an interview, so hopefully they get to go through Vancouver..I think most K-1 applicants get sent to that particular Consulate for their interview.

[Elghazi2008 4]

If your friend's fiance is Canadian, as long as he/she doesn't overstay the 6 months they're allowed to stay. They shouldn't have to file for an extension unless the Canadian fiance wants to stay beyond that. He/she can remain in the US while the K-1 is being process, but they won't be able to work and will have to return to Canada to interview at either the Montreal or Vancouver Consulate. Montreal can be a lengthy wait for an interview, so hopefully they get to go through Vancouver..I think most K-1 applicants get sent to that particular Consulate for their interview.

Okay, thank you. Just so that I know I understand clearly, you are saying that there is no way for the Canadian fiance to complete an interview here, he has to return to Canada for his interview, correct?

[Penny Lane 8,159]

Okay, thank you. Just so that I know I understand clearly, you are saying that there is no way for the Canadian fiance to complete an interview here, he has to return to Canada for his interview, correct?

Correct. The medical and interview are required to take place in the foreign fiance's country.

[Elghazi2008 4]

Correct. The medical and interview are required to take place in the foreign fiance's country.

If they choose, do they have the option to remain in the US and just drive back for the medical and interview? If that is something that is permissible, how would they go about getting an extension?

[Penny Lane 8,159]

If they choose, do they have the option to remain in the US and just drive back for the medical and interview? If that is something that is permissible, how would they go about getting an extension?

I suppose they could, however, the consulate will be sending the approved Visa (along with the passport) in the mail. It will have to be to a Canadian mailing address. The foreign fiance will not be able to get back into the United States without their passport.

[ValerieA 350]

One other option - if the wife is a US citizen - is to marry and file for AOS within the US.

AOS Guide

It takes WAY less time (3-4 months, currently) and the biometrics and interview are done at local offices.

[Elghazi2008 4]

One other option - if the wife is a US citizen - is to marry and file for AOS within the US.

AOS Guide

It takes WAY less time (3-4 months, currently) and the biometrics and interview are done at local offices.

The only thing that concerns me is that he is already in the US on a different visa and they are engaged... Immigration fraud is the first thing that comes to mind... How would they provide proof that he entered the US without intentions to marry her in the US? It just seems like an awful thin line there...

[ValerieA 350]

The only thing that concerns me is that he is already in the US on a different visa and they are engaged... Immigration fraud is the first thing that comes to mind... How would they provide proof that he entered the US without intentions to marry her in the US? It just seems like an awful thin line there...

It is certainly up to the OP's friend what they are comfortable with, but many of us have entered on other visas, AOS'd, and the question of intent has not come up at interview. Have them check out the AOS from tourist/employment/student visas forum. It is faster (especially from Canada, where Montreal is seriously backlogged) and cheaper (unless they actually live in Montreal, there is going to be significant travel expense).

[JimVaPhuong 4,863]

The only thing that concerns me is that he is already in the US on a different visa and they are engaged... Immigration fraud is the first thing that comes to mind... How would they provide proof that he entered the US without intentions to marry her in the US? It just seems like an awful thin line there...

It's impossible to prove something doesn't exist, and it would be ludicrous for USCIS to ask for such evidence. What the IO will do is look for evidence that there WAS preconceived intent. If they find it, then they'll look for evidence that the intending immigrant misrepresented their intent to US immigration officials. If they find THAT evidence, then they'll deny the AOS for material misrepresentation. They don't deny for preconceived intent. They just weigh it, in the aggregate, with all other positive and negative factors.