K-1 Interview after Wedding What do I do?

[AleGwi 11]

Haha no I wont take any offence, it was all our own fault and simply down to us both being naive.

We booked the wedding in July 2012 for September 2013..... I then went back to the UK and instead of filing straight away we waited until we were next together which was January 2013 before filing the K1. If I had found this site earlier we would have filed way before we did but my wifes siblings have been through the K1 process years ago and were advising us it only takes a few months!!!

We got our NOA2 in July so thought we may have a slim chance but it wasn't to be as it took forever to reach the NVC.

So all in all it was simply down to us both being naive, listening to her siblings and not finding this site sooner, which would have told us we needed to get a move on.

Ahh bad times! just eager beavers then it sounds like! Nothing wrong with that u guess. And yeah I can imagine a few years ago, people just sailed through this process. It's like everything though nowadays! So much longer and more difficult.

That WAS a long time in advance though so I can see why you thought it would be ok, well over a year which they say is the maximum it can take usually. That sucks! Good luck with it anyway, we filed early this year and I'm just waiting for my interview. The petition only got approved in October. It took ages! But it seems that a lot of people are getting approved pretty quickly this time of year. Like within a month or something stupid!

[Mike and Gaby 0]

We just received our interview opportunity for the k-1 in Montreal but its 2 and a half months after our wedding. Should we still go ahead with the fiancee visa or just get married and file for the spousal?

If you have an interview date, you're close to the finish line. Don't get married yet, you'll have to start from scratch, as everyone else suggested.

Honestly, I'm surprised you're almost done with the process withouth knowing you couldn't be married. So I suggest you do a lot of reading, again for the K1 and for CR1 in case you decide to go that route. Be very very informed and then decide on what works for you and your soulmate. They are both very specific and different types of visas so you both need to prepare yourselves for a lot of paperwork either way. But the K1 might be easier at this point

[NikLR 13,227]

I think the OP knows they can't be married and do the k1, they just wanted suggestions on to move the wedding or start over. I do not suggesting starting over so late in the process.

[Cathi 5,694]

The work visa is a good option - Since they are dual intent visas there are no issues. However the H1 visa does have numerical limitation. Since you are from Canada TN1 should be relatively easy. The O1 visa has no numerical limits but a very high threshold. For each of these though you need a job offer or a prospective employer. You might also try L1 if you can get an intra-company transfer from where you work in Canada - assuming its an MNC. Again all these visas are dual intent unlike student and visitor visa - so you have no conflict with immigration intent etc..!!

But the easiest will be still K1 route - since you are almost there..!!

Good luck..!!

No a work visa is not a good idea, if if they could get one. Coming to the us with a work visa with the intent to marry and adjust status is immigration fraud and illegal.

[nobbie 105]

Just have the party you have planned but do nothing legal, then go back to Canada for the k-1 interview, get the visa, return to the US and do the legal bit on your own.

[S & P 10]

We just received our interview opportunity for the k-1 in Montreal but its 2 and a half months after our wedding. Should we still go ahead with the fiancee visa or just get married and file for the spousal?

Have you tried changing your interview date??

Usually near the end of the month Montreal gets cancellations and a few scattered dates open up sooner, you just need to go back online to where you booked your interview in the first place and I think if you try and book an interview date again it will give you the calendar.... not sure if you need to cancel your original date or not, but I know other people have gotten sooner dates in Montreal doing it this way.... BUT you must have your medical done first.

Maybe a MODERATOR will shoot this to the Canadian forum and someone else could help.????

Edited December 12, 2013 by S & P

[calvm 10]

Coming to the us with a work visa with the intent to marry and adjust status is immigration fraud and illegal.

Sorry you are incorrect regarding work visas...!! As I said in my earlier post, work visas are DUAL INTENT visas and hence having an immigrant intent is not an impediment....We shoudn't scare people with incorrect information.

http://www.uscis.gov/sites/default/files/USCIS/About%20Us/Electronic%20Reading%20Room/Customer%20Service%20Reference%20Guide/Nonimmigrant_Empl.pdf

Edited December 12, 2013 by calvm

[lost_at_sea 995]

Sorry you are incorrect regarding work visas...!! As I said in my earlier post, work visas are DUAL INTENT visas and hence having an immigrant intent is not an impediment....We shoudn't scare people with incorrect information.

http://www.uscis.gov/sites/default/files/USCIS/About%20Us/Electronic%20Reading%20Room/Customer%20Service%20Reference%20Guide/Nonimmigrant_Empl.pdf

Still not quite right. It would depend very much on which work visa. Only some are dual intent.

http://en.m.wikipedia.org/wiki/Dual_intent

[calvm 10]

Still not quite right. It would depend very much on which work visa. Only some are dual intent.

http://en.m.wikipedia.org/wiki/Dual_intent

You are right !

The most common DUAL INTENT work visa's for skilled professionals typically are - H1, L1, and O1.

TN1 is for NAFTA eligible country and is strictly a non immigrant visa (NO dual intent) ; H2A is for agricultural workers and is also a non immigrant visa (NO dual intent)

[baron555 934]

Notice the OP has been very silent?

[Kay and Jay 3]

wow

[NikLR 13,227]

Guys op hasnt been on since the day this was posted... anything else on the subject seems moot.