K-1 necessary if intending to return to Canada immediately?

[evistre 0]

My fiance and I are considering which country we wish to reside in, and so I'm looking for information regarding both options.

I've tried and failed to find an answer to this question: Is it bad mojo if he comes here for a week to get married, and then leaves immediately after? Do we need a K-1 if he doesn't intend to stay in the US while waiting for immigration?

Everything I can find indicates that coming here on a visitor visa with the intent to stay is unlawful, but I don't see anything about an actual visit, where he intends to go home afterwards, wherein we also get married. I imagine the border guards would find it sketchy. Thoughts?

Edit: Would it make a difference if he were to carry documentation to show his continued ties to Canada and his employer, and letters from his room-mates or something, clearly with a return ticket?

Edit two: The wiki says "Also, do not leave the U.S.A. while the adjustment of status is pending, as doing so is considered abandoning the petition for adjustment of status, requiring that you start over; unless you get a special stamp in your passport to say otherwise." - does that mean that there's no way for him to come here, legally marry me and return to Canada while we wait for immigration processing, or am I just reading that wrong?

Edited October 7, 2014 by evistre

[Vanessa + Mario 4]

Hi evistre!

A K-1 visa is for you fiancé to come and marry you (within the 90 day period upon his arrival in the U.S.). Afterwards, he would apply for AOS (you have the option of applying for EAD (work authorization) and AP (Advanced Parole) at the same time). AP allows him to leave the U.S. and enter while he is getting his GC. [someone correct me if I am mistaken.]

I don't know too much about the other option, but you can get married in Canada and file for a CR-1 visa I believe.

Hope this helps a little.

Good Luck!

[evistre 0]

Food for thought, I suppose. Currently, marrying in Canada isn't an option... I'm concerned about the processing times for the EAD after the K-1 is granted, a bit; we both have our own debts which is part of why wish to do it this way, so either of us being unable to work for a period of time would be a hardship.

[Pitaya 2,577]

~Moved from K1 Process to What Visa Do I Need Forum~

~Inquiry about family visas~

[Vanessa + Mario 4]

Food for thought, I suppose. Currently, marrying in Canada isn't an option... I'm concerned about the processing times for the EAD after the K-1 is granted, a bit; we both have our own debts which is part of why wish to do it this way, so either of us being unable to work for a period of time would be a hardship.

I see. Well, I think the time it takes to issue the EAD may vary, depending where you apply for AOS. Maybe you could find processing times at the USCIS website.

[evistre 0]

Yeah, I think that's a next step, for sure.

Thanks again.

[Vanessa + Mario 4]

You're welcome!

Hope you you figure out what works for you both! Good luck!

[milimelo 4,550]

Yes, people come and get married in the US and then return to their own country while their spouse petitions them with I-130. No need to do K-1 if you're not going to stay and adjust status.

[Ontarkie 14,435]

He's not staying so get married and let him return home. The K1 takes about 1yr and is pretty costly just to have him return home and not continue the process.

Have him bring all the ties to Canada he can, he may need them and it's better to be prepared and not need them.

[evistre 0]

Okay, sweet. Thanks!