Canadian entered as visitor, then American fiancee interviewed for and accepted job in US

[CalgaryDoug 0]

Hi all. This is my first post in these forums so I apologize if it is in the wrong section or a repeat of an existing topic. I (Canadian citizen) am currently in the US with my duel Canadian/American fiancée. We have been living together in Canada for the last year and a half, but she was recently offered a job interview for a teaching job in Juneau, AK. We had already had this trip to Alaska planned and combined the job interview with our existing plan. Now that she has been offered a job, we have been investigating the K1 fiancé visa to bring me to the US. However, neither of us are too happy about the requirement for us to live apart for 6-8 months. I am wondering if we were to get married now in the US and petition for Adjustment of Status, would the petition be likely to be approved, or is it likely that we would be determined to have committed fraud by entering with the intent to marry and stay? Note: I did not bring many of my belongings on this voyage (any more than an ordinary traveler), and I am still paying rent for an apartment in Calgary where all of my belongings remain. We did not, in fact, have any intention of marrying and pursuing AOS when we entered the US, as my fiancée did not yet have a job offer. The border guard when we crossed the border did not ask either of us any questions regarding our length of stay or intentions as we crossed with friends of my fiancée who were on friendly terms with the border guard. Would it be worth the risk to pursue AOS, or is the K1 still our best bet?

[JohnR! 5,495]

If you're stateside, marry and AOS. You won't be able to return to Canada for 4-6 months, so make sure you're financially sound to keep your commitments back home.

Other than that, if your relationship is real, you should have no problems with the USCIS.

Good luck.

[Boiler 44,852]

Really a question of practicality, your Fiancee could presumably pop back if needed?

And you are in the right spot.

[Mollie09 1,543]

If you can afford to stick around for 4-6 months, marry and go the AOS route. The fact that you didn't bring a lot of stuff and left an apartment you still rent behind shows that you really did not intend to settle, so there are no issues with that. But remember you can't leave the US until you obtain Advance Parole (Form I-131) which can be obtained for no fee if filed at the same time as the I-485. It takes 30-90 days to get AP after you file, depending on USCIS.

If you decide to go the K1 route, your fiancé would be able to visit you in Canada (according to immigration) but I don't know if he would ACTUALLY be able to go (financially, job-wise, etc.)

Hope this helps!