US citizen engaged to Canadian

[bcmillford 0]

Hello. My apologies if this is a redundant thread, but I'm having trouble deciding on the best way to approach my current situation.

For the past two years I lived in Canada on a Study Visa. While there, I met a girl who became my fiance. I foolishly wasn't paying attention to my own visa and it expired, and my request for a new study visa was denied and I was forced to leave the country on July 1st. We are having immense emotional difficulty being separated, and are not sure of the best path to take in order to simply be back together again. I looked into the K3 application as it seems to provide relief for separated couples, but only for married spouses. I believe we were under common-law while living in Canada, though we don't really have any sort of documentation to prove it (I'm not sure if we needed to declare we were common law or what, I think we were just eligible for common law as we lived together for over a year). While the K1 application seems like it would be the most appropriate path, we are struggling to cope with the long processing times. She is only 18 and could go to school here, if that is a faster way to get back together. I'm honestly not sure of what to do at this point, and it's incredibly difficult to be away from each other. We are willing to go through any process in order to just see each other again.

Thank you for any help!

[ricnally 258]

They're not really doing K3s anymore. Your choices for family-based visas are CR1 or K1. Check the guides here to compare. There will be considerable periods of separation with both, but she can visit you in the US during the process.

[Hannah777 8]

Another thing is I really don't think you could call yourself "common law" as you are not a citizen of Canada. I understand the immense emotional pain and every one told me it would get easier. I didn't believe them but it's been 9 months and yes, you learn to cope. It does get better. The initial separation is difficult but after a few weeks of grief, you have to move on. "Stay strong, be positive" was drilled into my head by my fiance and it worked.

[ricnally 258]

And as a Canadian she can visit you for up to 6 months.

[TBoneTX 45,382]

*** Thread moved from K-1 Process forum to General Immigration Discussion -- OP is weighing visa paths. ***

[NikLR 13,227]

Compare the visa paths and the pros and cons of each. Ask each other what is most important to the both of you besides "being together faster". Maybe she has plans she's always wanted to do when she gets married and maybe you do as well. Right now without marriage only the K1 is an option for you. HOwever she can also look into getting a student visa to the USA, but remember that out of state tuition can be prohibitive.

[bcmillford 0]

Thanks for all the replies everyone!

I've heard that in order for her to get a K1 I need a job, specifically one with benefits. Is this true?

Edited July 13, 2013 by bcmillford

[NikLR 13,227]

Thanks for all the replies everyone!

I've heard that in order for her to get a K1 I need a job, specifically one with benefits. Is this true?

No.

You either need to make enough for the I-134 affidavit of support or have a joint sponsor that does for their household size plus the immigrant.

You will also need the same, but this time legally binding, for the I-864 when the immigrant adjust status. ($1070 for that btw... Beneficiary is stuck in limbo without the AOS in the k1 process)