Help! Not sure what visa to get

[canadachick 0]

I am a Canadian student who is living in America and going to school here. I met my fiance at school, and we started dating 2.5 years ago. We got engaged last December. I was unaware that he was going to propose when I entered the US and up until this past weekend, I intended to stay at school and not get married for 2 years. But, we just decided that we wanted to get married this summer. What should we do? Would it be ok to apply for a change in status while in the US? Or do I need to go back to Canada and get a fiancee visa there?

[MichelleNGeorge 10]

I would strongly suggest you to get a fiance visa in canada There is still time left until summer and you'd probably get it by then It took us just 4 months to get the K-1 visa! As far as i know, you are not allowed to enter the US with the intention to get married (tho it is not your primary intention or was not your intention at all, the legal way to get married is the k-1... or get married, go back to canada and apply for k-3 as a spouse) you CAN get married and apply for AOS if you did not PLAN the marriage and got married spontaniously (Which you don't because you do plan on getting married ) but the AOS this way takes around a year and they don't really love to see this path of marriage. I have to say: I don't know much about student or work visas, just about tourist visas.... i'm sure the procedure is similar.

I'd do the same thing again: Apply for K-1 (4-5 months)

marriage and AOS (currently 3-4 months!!! which is fast)

AOS after spontanious marriage on the other hand takes around a year and is not well seen (if it ever gets approved) Please correct me if i'm wrong

I hope this helps!

[sharky-rex 76]

Wait, you're currently in US on a student visa? When did you start your studies? Do you have to go back to Canada over the summer?

Edited April 4, 2014 by sharky-rex

[Penguin_ie 5,993]

**** Moving from K1 to What Visa forum as OP has not decided on a path yet ******

[NikLR 13,227]

You can adjust your status. You do not need to get a fiancee visa as long as you don't leave the USA between now and your AOS (then you have to wait for advance parole to leave the USA.) If you do not leave the USA, you are not committing visa fraud in any way, shape, or form. If you do leave however, you run that risk of both being denied entry and/or misrepresentation.