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K-1 for Canadian citizen who is going to go to India but marrying a US citizen

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Filed: IR-1/CR-1 Visa Country: Canada
Timeline

Hello,

I've read many discussions here but my situation is a bit different. I'm a Canadian citizen residing in Canada and my fiance is a US citizen residing in FL. We're both of Indian descent and have decided to get married in India in Dec 2013. My plan is to leave Canada in Oct and go to India to do wedding planning. I'm not sure how to start the paperwork as I want to come back to Tampa and live with him in Jan 2014.

It is now March, if we apply for a K-1 visa, will it come in time for me to leave Canada in Oct? I understand we have to get married within 90 days of us receiving it in the US. The wedding ceremony in India is only religious and we may not sign papers on the same day.

Once I get the visa and come to the US, can I live legally in the US? Or would I have to go back to Canada/India?

We've been dating for 2 yrs and he proposed to me in Jan 2013.

If someone can please help me out, that would be great!!!

Thank you,

IR-1/CR-1 Visa Event Date Service Center : National Benefits Center

Consulate : Montreal, Canada

Marriage (if applicable): 2013-03-15

I-130 Sent : 2013-07-19 I-130 NOA1 : 2013-07-22

I-130 Approved : 2014-01-21

NVC Received : 2014-01-31

Case Number Assigned: 2014-03-11

Received DS-3032 / I-864 Bill : 2014-03-13

Pay I-864 Bill 2014-03-13

Return Completed I-864 : 2014-04-10

Receive IV Bill : 2014-03-13

Pay IV Bill : 2014-03-13

Packet received by NVC: 2014-04-11

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Hello,

I've read many discussions here but my situation is a bit different. I'm a Canadian citizen residing in Canada and my fiance is a US citizen residing in FL. We're both of Indian descent and have decided to get married in India in Dec 2013. My plan is to leave Canada in Oct and go to India to do wedding planning. I'm not sure how to start the paperwork as I want to come back to Tampa and live with him in Jan 2014.

It is now March, if we apply for a K-1 visa, will it come in time for me to leave Canada in Oct? I understand we have to get married within 90 days of us receiving it in the US. The wedding ceremony in India is only religious and we may not sign papers on the same day.

Once I get the visa and come to the US, can I live legally in the US? Or would I have to go back to Canada/India?

We've been dating for 2 yrs and he proposed to me in Jan 2013.

If someone can please help me out, that would be great!!!

Thank you,

I may not be totally correct here but if you are going to marry in India then a K1 visa probably isn't the way to go because it is so you can marry in the USA. Thought.... why not get married now and start the paperwork for the married one and then go to India for the religious ceremony. I think it would be very chancy to hope for a K1 to be done in time. You have to remember that sometimes paperwork doesn't always go according to plan and an RFE could be sent.

Just my 2 cents worth.

good luck on your journey.

Terri

Fiance visa

04/28/2011 - I-129F - DENIED

02/18/2012 - I-129F petition filed
02/24/2012 - NOA1
09/04/2012 - NOA2, 193 days

Interview:10/22/2012
POE: 10/26/2012 (245 days)

Removal of Conditions

Filed for ROC - 06/09/2015

NOA1 for ROC - 06/12/2015

Biometrics appointment - 07/17/2015

Approval for ROC - 04/20/2016 (316 days)

Naturalization Process

N-400 Filed 06/10/2016

N-400 NOA1 06/14/2016

N-400 biometrics 06/20/16

N-400 interview 01/23/2017

N-400 Oath ceremony 02/10/2017

Immigration Process took 2116 days.

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  • 3 months later...
Filed: IR-1/CR-1 Visa Country: Canada
Timeline

Thanks Terri,

I actually changed the process to CR1 now. We got married at City Hall in March and just now are filing for CR1. I had to get a lawyer because I'm still leaving Canada in Oct and will be back in Jan.

IR-1/CR-1 Visa Event Date Service Center : National Benefits Center

Consulate : Montreal, Canada

Marriage (if applicable): 2013-03-15

I-130 Sent : 2013-07-19 I-130 NOA1 : 2013-07-22

I-130 Approved : 2014-01-21

NVC Received : 2014-01-31

Case Number Assigned: 2014-03-11

Received DS-3032 / I-864 Bill : 2014-03-13

Pay I-864 Bill 2014-03-13

Return Completed I-864 : 2014-04-10

Receive IV Bill : 2014-03-13

Pay IV Bill : 2014-03-13

Packet received by NVC: 2014-04-11

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