K1 Visa visit question.

[nodixal 0]

Hello, I'm new here. I've been engaged for 1 year. And my Fiance moved to Canada 1 year ago for school. We've been dating for over 2 years. But now we had planned to go to the states and start our lives there. People told us that we could just go there get married and apply for papers without me coming back to Canada. After finding this forum I see this is wrong. Is there any way to do those filing processes without leaving each other for months on?

Would she be able to file for the K1 and then come to canada while we wait for the answers?

Thanks!

[Penny Lane 8,159]

I assume you're a Canadian citizen and your fiancee is American?

[canadian_wife 1,829]

The USC may file the petition (sorry, it is unclear by your post which one is the US citizen) and then the Canadian may visit the US or the US citizen may visit Canada

The great thing is that the amount of time a Canadian may visit, unless told otherwise, is 6 months.

Good luck

[nodixal 0]

Oh sorry, I am canadian, she is American

[aimee elise 1]

Oh sorry, I am canadian, she is American

That's me, hi. I just wanted to maybe shed more light on the situation.

I was in Canada on a student visa, but I hated what I was studying, so I dropped out. Given both our situations, it would be better to move stateside, but we're just now discovering all these complications, and our lease (in Montreal) ends at the end of this month. Naturally we've grown accustomed to having each other around (and let's face it, long distance sucks), so ideally we'd like a solution where we can be together physically.

[Penny Lane 8,159]

Hopefully someone familiar with student visas can answer your questions, but it seems like dropping out and remaining in Canada is against the 'rules' ... not sure if that will complicate your case.

[canadian_wife 1,829]

That's me, hi. I just wanted to maybe shed more light on the situation.

I was in Canada on a student visa, but I hated what I was studying, so I dropped out. Given both our situations, it would be better to move stateside, but we're just now discovering all these complications, and our lease (in Montreal) ends at the end of this month. Naturally we've grown accustomed to having each other around (and let's face it, long distance sucks), so ideally we'd like a solution where we can be together physically.

Like I said, he may visit the US but obviously must return after his authorized stay expires and return for the medical and interview

SOME distance will be required in this, and obviously the visitor (either you or him) cannot work while visiting

Are you currently in Canada? When did your authrozied stay expire?

Good luck

[aimee elise 1]

Like I said, he may visit the US but obviously must return after his authorized stay expires and return for the medical and interview

SOME distance will be required in this, and obviously the visitor (either you or him) cannot work while visiting

Are you currently in Canada? When did your authrozied stay expire?

Good luck

So like, mini vacations, stuff like that.

Well, I'm in the states now visiting my family, but will be returning on Sunday. We were planning on moving stateside on the 23rd of June, but that might not happen now. My student visa expires in 2013, but since I dropped out, I figured it was void. Or am I wrong? We currently don't have a place to move into in MTL for July, and we have 2 dogs, and because of that, we can't move in with his parents. We were going to take them with us to the US.

So do I take the dogs, move to the US (where I'm from), while he waits in MTL for immigration. Or, if my visa is still valid, find a place to live asap and wait it out together in Canada?

[Penny Lane 8,159]

You can apply for a K1 visa. Petition for your fiance, have some visits throughout the process, then go to the US and get married. Your fiance can then adjust status.

Or you can get married in Canada and file for a spousal visa.

Both processes require the beneficiary to be in Canada for a medical exam and interview.

[canadian_wife 1,829]

So like, mini vacations, stuff like that.

Well, I'm in the states now visiting my family, but will be returning on Sunday. We were planning on moving stateside on the 23rd of June, but that might not happen now. My student visa expires in 2013, but since I dropped out, I figured it was void. Or am I wrong? We currently don't have a place to move into in MTL for July, and we have 2 dogs, and because of that, we can't move in with his parents. We were going to take them with us to the US.

So do I take the dogs, move to the US (where I'm from), while he waits in MTL for immigration. Or, if my visa is still valid, find a place to live asap and wait it out together in Canada?

I think you should probably figure out your status in Canada first, if it works anything like the US then your student visa has been cancelled. Figure that out!

Good luck

[Penny Lane 8,159]

Yeah, I am pretty sure that dropping out while on a student visa means you've lost your status in Canada. Not sure if it impacts any visa process though.

[rocks 494]

Can they do DCF or is that not allowed on student visas?

[Kimbear 53]

So like, mini vacations, stuff like that.

Well, I'm in the states now visiting my family, but will be returning on Sunday. We were planning on moving stateside on the 23rd of June, but that might not happen now. My student visa expires in 2013, but since I dropped out, I figured it was void. Or am I wrong? We currently don't have a place to move into in MTL for July, and we have 2 dogs, and because of that, we can't move in with his parents. We were going to take them with us to the US.

So do I take the dogs, move to the US (where I'm from), while he waits in MTL for immigration. Or, if my visa is still valid, find a place to live asap and wait it out together in Canada?

This might be your only way now. As soon as you dropped out of school your jeopardized your legal status in Canada. I'm not sure but youd have to check on the cic.gc.ca website about how long until you have to leave Canada now. DCF or Direct consular filing would have been an option if your status was still legal. i know technically us/ canada can be in each others country for 180 days, so possibly technically you could leave and come back and stay for a while but eventually youll have to leave again.

As much as i myself would have loved to stay in Chicago in 2008 and get married it was impossible. We tried to cross the border twice, with our two dogs, and both times i was denied entry into the usa. i had no schooling my lease expired and i was not woring thus i had no proof of ties to canada to show i'd go back home after visiting the usa. that was when i found VJ and realized just moving to usa and getting married was illegal. (never mind the las vegas wedding ppl who do it all the time. dont get me started on that rant! lol. )

Can they do DCF or is that not allowed on student visas?

she dropped out thus her student visa is invalidated and her status has changed so i dont think this would be an option.

[Kimbear 53]

perhaps if a mod could move this to canada forum it might get more replies tailored to the out of status canada student visa question, that needs to be answered before they can move on with any k1 cr1 process questions.

[hikergirl 277]

The only thing that I can think of that would affect her status is that Canada has the 12 month and they're common-law.

In my opinion it would be a waste of time and money to start the paperwork for her to remain in Canada as a spouse while the US paperwork is pending but it may be able to be done.