Where do I start

[Ashlieg 0]

Me and my fiancé want to get married this summer. I am Canadian and will be down in the states over the summer should we apply for a fiancé visa first and if so how long does it take to get approved. Will I have the k1 visa in time?What do I file for my children to come with me?

[Harpa Timsah 13,258]

You need a fiance visa to go to the US to marry and stay thereafter.

If you just want to marry and then go home and pursue a spousal visa, you can do that.

Both paths allow children to come too.

[Ashlieg 0]

I have been friends with my fiancé since 2006. On a recent trip to the states in the summer of 2013 the relationship changed. Now we are talking about getting married and me moving to the USA. I'm worried reading all these stories cause I don't have the proof they are looking for. We talk on the phone but my phone is pay as you go so I use a calling card. We wanted for me to be there by the start of the 2014/15 school yr but I'm beginning to think it may not be possible. What should my next step be.

[Pitaya 2,577]

~Multiple duplicate threads removed~

[NikLR 13,227]

If you want the fiance visa you just have to prove you've met in the last two years. It can be hard on Canadians as we often do not get stamps in our passports for visiting the USA and most of us do not keep our boarding passes.

The important part is to look through the guides and see what visa works for BOTH of you. You can still visit while the process is going on, no matter what route you take, but there are some major differences between a spousal visa and a fiance visa. Also your location in Canada is important as spousal visas interview in Montreal and fiance visas interview in Vancouver or Montreal.

[Ashlieg 0]

Does everyone have to interview for a k-1 visa. So my fiancé will file all the paperwork for K-1 visa and a I129 (at the same time?) we will send proof of meeting face to face in the last 2 yrs(all I have is a passport stamp from last summer). Once I file these papers then what. How long does it take to get all of this. And if I can still visit while all this paper work is processing, what if they deny me, could I get in trouble for still marrying him while I'm down there visiting him

[NikLR 13,227]

K1 always end in an interview. You may or may not get an AOS interview after you move to the USA and adjust your status.

Your fiance files the I-129F following the guide on this website and the I-129F instructions. Send everything they ask for and as much as you can get together.

K1 can take from a few months to a year. i'm not sure of the current processing times. Normally they're about 6 months though. That doesn't grant you a green card though, which you'd know if you looked at the comparison guides.

They can deny you entry, but the CBP can do that at any time. Bring proof of your ties to Canada like a letter from your employer saying when you're due back at your job, or a lease for your home, or proof of enrollment in school, etc... Being denied entry will not affect the petition.

If you get married while down there before the K1 is granted the K1 will be denied and you cannot stay. You cannot visit the USA with intent to live there. The CBP would deny you entry and lying to them constitutes visa fraud and misrepresentation leading in a lifetime ban. ALWAYS be honest with the CBP. Many Canadians have no issues whatsoever visiting spouses or fiances. I visited my husband three times before I was able to move down and specifically stated each time when asked the purpose of my visit "I am visiting my husband."

If you get maried before the K1 is granted then you need to chase a spousal visa which means starting completely over again. It takes about a year to 18 months right now to get a spousal visa. It can take less time (mine was 8 months) but plan on at least a year from filing to the interview.

[Ryan H 3,812]

Moved from K1 Progress Reports to What Visa Do I Need - Family Based Immigration forum.

[Ryan H 3,812]

Moved from IR-1/CR-1 Process & Procedures to What Visa Do I Need - Family Based Immigration forum.

[Not a Tailor 1,370]

Keep in mind that if you go K-1, you'll be a single income family for quite some time, because you'll have to adjust for status. You can get employment authorization documents, but they also take time. Since you have children involved, depending on finances, it may be best to marry (which you can do without a visa--I just married my wife in March) and go back to Canada, then file for CR-1. This means you can work as soon as you enter the US. It IS a longer process where you are apart longer than K-1, but it gives you better financial stability.

It is unlikely that you would have the K-1 visa in time for the summer, but you could still have your wedding without it, as long as you return to Canada after the wedding, to apply for CR-1.

Also, I'm not sure if you know, but to get a visa for your children, if their father is still living, you will require either a court order giving you SOLE custody (I believe without visitation) or a notarized document from their father saying that you have his full permission to move permanently to the US with them.

Edited April 5, 2014 by Not a Tailor

[Ontarkie 14,227]

~~Similar threads merged, please do no make multiple threads for the same or similar topic~~

[NikLR 13,227]

CR1 also allows you to collect EI as soon as you move while with a K1 you cannot do that - you have to wait for the work authorization.

Also please check out the poverty guidelines: http://www.uscis.gov/i-864p

Edited April 5, 2014 by NLR