K1 application and visit visa

[mnydriven818 2]

Hello everyone, I have a few questions if anyone been in my situation or know can answer would greatly appreciate it.

I am planning on filing K1 for my fiancee' who lives in Canada but is a british citizen. If I file for K1 and since she can and have(been) to the US plenty of times would that hurt our case of K1? If she stays with me while we wait for her interview in canada.

my second questions is If i were to get married in canada thru reglious ceremony and once she has her K1 Visa bring her to the US and then get legally married here in the US is that illegal?

thank you

[WARREN-IRINA 1]

After the K1 gets into the system immigration may think she is trying to immigrate and stop her at the boarder if she drives or airport and force her to go back. This has been discussed here a lot. Do a search of the posts.

You cannot get a K1 then marry in any foreign country as it voids the K1. If you marry in Canada you would file CR1 which takes longer. Do a search of the posts here too.

You can only marry once unless you divorce but many couples do what is called renewing their vows. Most do it on special occasions like their 25th wedding anniversary and a few others I know of have after an “unfaithful event”...

[mnydriven818 2]

since she is allowed to stay in the US for six months since she is a british citizen. are you saying they will stop her at the border becasue our appication for K1 will be in process?

Does this work.. if she comes over to the US on a visit visa and We get married here in the states? can she stay here and change her visa status or does she have to go back still?

[Barbara J 115]

since she is allowed to stay in the US for six months since she is a british citizen. are you saying they will stop her at the border becasue our appication for K1 will be in process?

Does this work.. if she comes over to the US on a visit visa and We get married here in the states? can she stay here and change her visa status or does she have to go back still?

If you have started the K1 visa process yes she can come and visit from Canada as she can be on a VWP and can visit for up to 3 months. You cannot get married in Canada and apply for a K1 visa as told before. you would have to apply for a CR1 . You could have a party in Canada but no wedding and then when she comes to US then you have 90 days to marry.

She has to return to Canada till your K1/129f petition is approved. Then you will get notice and she will have an interview in Canada and receive visa to come to US. No she cant come to the us and marry you on visitor visa and then change her status. You need to do this the proper way and the legal way.

[mnydriven818 2]

If you have started the K1 visa process yes she can come and visit from Canada as she can be on a VWP and can visit for up to 3 months. You cannot get married in Canada and apply for a K1 visa as told before. you would have to apply for a CR1 . You could have a party in Canada but no wedding and then when she comes to US then you have 90 days to marry.

She has to return to Canada till your K1/129f petition is approved. Then you will get notice and she will have an interview in Canada and receive visa to come to US. No she cant come to the us and marry you on visitor visa and then change her status. You need to do this the proper way and the legal way.

Barbara, Thanks for your informative messge.

when you say I can have a party in canada and no wedding, would a religious ceremony and party be considered a wedding, I am not planning on getting a marriage license in canada.

So it would be ok if i apply for K1, have a party and religious ceremoney in Canada and then she comes here on a vist visa for three months at a time, go back to canada and once she gets her Visa come to the US?

[iampatricias 17]

What you're proposing, the religious ceremony without a license is a very fine line - I asked my (Anglican) priest to do this for me and he said it was morally too shady, because will you tell the border guard you're NOT married when you actually believe that you are?

Secondly, your fiance is free to visit on a tourist visa while you wait for your K1 visa, but she cannot "live" with you for 3 months at a time until the visa comes, because then she's technically not a tourist anymore...

I may be corrected if I'm wrong, but if your fiance disclosed these 2 things to the customs official when she lands in the US, ("we had a church ceremony but didn't sign a certificate, and I'm staying with my fiance for 3 months until the visa comes") she stands a very high risk of being denied entry because you're *technically* bending the rules.

[mnydriven818 2]

OK so here is my deal.

we are engaged now and I want to file for K1 within the next few days, and we plan on getting married in June. I know she wont get her K1 visa by the time we get married looking at the processing time. so how does this work.. would i need to change the status once we get married? is it even worth filing K1 at the moment. becasue when i do get married in June do i have to start the process for a wife visa and the time starts all over again?

[iampatricias 17]

OK so here is my deal.

I know she wont get her K1 visa by the time we get married looking at the processing time. so how does this work.. would i need to change the status once we get married? is it even worth filing K1 at the moment. becasue when i do get married in June do i have to start the process for a wife visa and the time starts all over again?

If/When you get the K1 and you marry in the US, yes, you need to change her status once you get married. It might not be worth filing for the K1 if the June date is not flexible, but that risk is something you and your fiancee should evaluate. And if you get married in June (outside of the US), you will have to start the process for a wife visa all over again and any K1 visa issued after you marry (outside the US) will be void.

From what I understand, the spouse visa takes 8-12 months, and costs nearly the same as the adjustment of status (AOS) application that follows the K1 visa, so if you decide to marry (OUTSIDE of America!) in June, your overall wait time *might* be about the same, but the money you spend in fees will likely be less.

[mnydriven818 2]

iampatricias Thank you.

that clears up alot of confusion. that is why I didnt wanna file k1 go through the process and then half way around change status and wait all over again.

I think I should go get married next month without a party or anything get a marriage license and a religious ceremony file for a spousal visa and then just do a ceremony in June.

what kinda of proof do they need for a wife visa.. the basic marriage license and pictures right?

[iampatricias 17]

Good question. I do not know.

Maybe take some time to read through the Spouse Visa threads (CR1) and familiarize yourself with the process and issues for that before you make any decisions... There is a lot to take into consideration!

[mnydriven818 2]

Since my Fiancee is a British citizen and not canadian..but lives in canada.. can i still marry her in canada?