K1 or ?

[121 0]

Hi,

My fiancé was born in the US and she is US citizen.

We have been leaving for the past 2 years in Canada and we have filled in for a K-1, it's ready to send, though we wonder if it's the right visa we should ask for.

We are also both french and going back to France in 3 days for 2 months. We filled all our documents with our canadians address that won't be ours shortly because we are heading back to France.

I don't mind coming back to Canada to get the paperwork and go to the consulate, I prefer doing so as I suspect French burocracy will slow down everything.

We plan to send the K1 before leaving canada, on tuesday, but plan to come back to Canada in the beginning of november to get our car and drive to California.

If they let me enter at the border, I plan to stay in California with my fiancé waiting for the K1, could be 3-4 months I guess.

Is this a good idea ?

Shall we not send the K1, I enter the US as a tourist in november with my fiancé and we get married there directly ? Shall we get married in France and fill for the respective visa ?

Thank you for your help

[Pitaya 2,577]

Hi,

My fiancé was born in the US and she is US citizen.

We have been leaving for the past 2 years in Canada and we have filled in for a K-1, it's ready to send, though we wonder if it's the right visa we should ask for.

We are also both french and going back to France in 3 days for 2 months. We filled all our documents with our canadians address that won't be ours shortly because we are heading back to France.

I don't mind coming back to Canada to get the paperwork and go to the consulate, I prefer doing so as I suspect French burocracy will slow down everything.

We plan to send the K1 before leaving canada, on tuesday, but plan to come back to Canada in the beginning of november to get our car and drive to California.

If they let me enter at the border, I plan to stay in California with my fiancé waiting for the K1, could be 3-4 months I guess.

Is this a good idea ?

Shall we not send the K1, I enter the US as a tourist in november with my fiancé and we get married there directly ? Shall we get married in France and fill for the respective visa ?

Thank you for your help

Welcome to the forum.

Interesting inquiry.

IMHO: Keep it simple.....get married and then file for a CR-1/IR-1 spouse visa. Check out your options in the Guides section visa comparison charts.

YMMV.

Edited September 2, 2012 by A&B

[Que Saudade 284]

Your plan is full of hurdles and holes.

You need to study the immigration process and plan accordingly.

Here are some links for you to study

Comparison guide between K1 and CR1

K1 Guide

I-130 for foreign spouse

Good luck

Edited September 2, 2012 by Que Saudade

[121 0]

Welcome to the forum.

Interesting inquiry.

IMHO: Keep it simple.....get married and then file for a CR-1/IR-1 spouse visa. Check out your options in the Guides section visa comparison charts.

YMMV.

Get married where ? in the US ?

Your plan is full of hurdles and holes.

You need to study the immigration process and plan accordingly.

Here are some links for you to study

Comparison guide between K1 and CR1

K1 Guide

I-130 for foreign spouse

Good luck

Thank you for your links, I've read most of them before posting. though, I still don't know which visa choose.

Is there a minimum length of marriage before applying for DCF ?

[del-2-5-2014 1,339]

Get married where ? in the US ?

Thank you for your links, I've read most of them before posting. though, I still don't know which visa choose.

Is there a minimum length of marriage before applying for DCF ?

Very normal, feel free to ask the questions even though you've read the guides.

[Anh map 2,098]

Get married where ? in the US ?

Thank you for your links, I've read most of them before posting. though, I still don't know which visa choose.

Is there a minimum length of marriage before applying for DCF ?

You won't be close to any sort of visa by November. Plan for a 2013 move to the US.

DCF requires both to be legal residents of the country where you apply.

If working in the US upon entry is important then the spouse visa is what you want. CR1 petition filed by the USC after marriage (no waiting period required) starts the ball rolling.

[121 0]

You won't be close to any sort of visa by November. Plan for a 2013 move to the US.

DCF requires both to be legal residents of the country where you apply.

If working in the US upon entry is important then the spouse visa is what you want. CR1 petition filed by the USC after marriage (no waiting period required) starts the ball rolling.

Well we both lived more than 6 months in Canada.

[Que Saudade 284]

When you say you are both French, you mean both French citizens? (assuming dual-citizenships?)

Well we both lived more than 6 months in Canada.

"Living" and "residing legally" are two different terms.

[121 0]

When you say you are both French, you mean both French citizens? (assuming dual-citizenships?)

"Living" and "residing legally" are two different terms.

Yes both french passport holders.

We are also residing legally in canada, student visas.

[121 0]

Ok, let's say we send the K1 to the USCIS.

Will they let me enter in november if I stay I just want to be with my fiancé for 3 months and then go back ? the immigration officer is going to see that I'm filling for a K1 in his file I guess ?

[Que Saudade 284]

Ok, let's say we send the K1 to the USCIS.

Will they let me enter in november if I stay I just want to be with my fiancé for 3 months and then go back ? the immigration officer is going to see that I'm filling for a K1 in his file I guess ?

You are correct. Is it possible??? Yes. Just be careful with how you answer questions. It is also unlikely as you have no ties to anywhere.

I have been told that another possibility is to marry in France, send in your petition to the Chicago lockbox using your address in France. Your petition may then enter the auto-expedite queue at USCIS. You will have to wait out the time that it is at NVC. Additionally, the US citizen has to address domicile issues and sponsorship issues.

Hopefully, someone can comment on this suggestion further if you ask for it.....

[121 0]

You are correct. Is it possible??? Yes. Just be careful with how you answer questions. It is also unlikely as you have no ties to anywhere.

I have been told that another possibility is to marry in France, send in your petition to the Chicago lockbox using your address in France. Your petition may then enter the auto-expedite queue at USCIS. You will have to wait out the time that it is at NVC. Additionally, the US citizen has to address domicile issues and sponsorship issues.

Hopefully, someone can comment on this suggestion further if you ask for it.....

Well I can show ties to France, I lived there quite a few years.

I just hope they'll let me stay 3-4 months and when the interview is ready at the consulate of Montreal i'll fly back.

The possibility you are talking about looks interesting, we'll have to apply for a CR1 then ? But my fiancé hasnt lived in the US, ever, so she won't be able to show those tax reports you need for the CR1 ?

[Que Saudade 284]

Well I can show ties to France, I lived there quite a few years.

I just hope they'll let me stay 3-4 months and when the interview is ready at the consulate of Montreal i'll fly back.

The possibility you are talking about looks interesting, we'll have to apply for a CR1 then ? But my fiancé hasnt lived in the US, ever, so she won't be able to show those tax reports you need for the CR1 ?

Correct, as I mentioned earlier, there are a lot of hurdles from your opening post.

Even with K1, she has to fill out I-134 affidavit of support. Sponsorship is still a concern. How was she going to accomplish this?

[121 0]

Correct, as I mentioned earlier, there are a lot of hurdles from your opening post.

Even with K1, she has to fill out I-134 affidavit of support. Sponsorship is still a concern. How was she going to accomplish this?

She has a lot of close family in the USA who will do the affidavit of support.

[Anh map 2,098]

She has a lot of close family in the USA who will do the affidavit of support.

The US citizen petitioner always does an affidavit of support regardless of income. If the petitioner does not meet the income requirements a joint sponsor is typically accepted.

She will also have to show US domicile, or intention to establish US domicile. You can find some info here to help you both understand the types of steps needed >> http://travel.state.gov/visa/immigrants/info/info_3183.html

If she has never earned enough to meet the filing requirement for taxes that is addressed by following the guidelines found on page 8 of the form I-864 instructions (even if you are not using this affidavit of support form which is true in the K1 petition). If she has earned enough to require filing, then she needs to address that. The US taxes on worldwide income. There are provisions to prevent double taxation.