Wedding planned for September, just found out that a NAFTA Visa is not applicable.

[riotvixen 0]

Hi Everyone!

I am a US citizen and my fiancee is a Canadian citizen, both living in our respective countries. We met online, have been dating for 5 years and engaged for 3. Our wedding is planned for September 26th and the plan was for him to come here.

We were under the impression that he would be able to get in under a NAFTA Visa which would give us some time to sort out of finances better before having him apply for permanent residency, but about 4 hours ago he got off the phone with the embassy who said that his field is not included in the NAFTA and suggested the K-1 Visa. He failed to inform the person he spoke with that we have a wedding scheduled in 6 weeks, as there is no way we can possibly get the K-1 through in time.

I'm so overwhelmed and bogged down by all the information that I'm not really sure where to go next. I obviously do not want to pay for the K-1 only to have it voided once we get married and have to start back at the beginning. Can he come here to get married and then return to Canada? How would this work at the border (I assume he would have to have some proof of his return to Canada since he's claiming to come here for his wedding!)? Once we are married we can submit the 1-129F for the K-3 visa, but he has to return to Canada for the 5-8 months until the K-3 is issued? Can he stay here on an extended visit or does he have to remain outside of the US until the paperwork is processed?

This is one stressor I did not need 6 weeks before my wedding and any advice anyone has on how to proceed would be greatly appreciated!

Edited August 13, 2015 by riotvixen

[Boiler 45,558]

He can come here to visit and get married. You file for him as your spouse, takes about a year to process and then he can immigrate and get a Green Card.

[Shauneg 762]

I'm sorry but you put the cart before the horse here. He come come and get married, then apply for spousal visa. He would legally have to go back home to complete it. It doesn't matter that he didn't mention the wedding to them, it wouldn't have changed a thing.

Yes he would have to prove ties of going home and "prove" to them he isn't coming here to marry and stay.

You can only submit the K-3 with or after the paperwork for spousal visa. The K-3 was developed during a time when spousal visas took years to process. They no longer do so while you may apply for K-3, the spousal visa is generally (seriously like 99% of the time) processed and completed before the K-3.

[NikLR 13,227]

Even with a TN visa what you planned wasn't exactly kosher. The TN visa is not a dual intent visa and adjustment of status from it should be spontaneous not planned out like you were doing.

the CR1 visa is your route if your wedding plans are solid. Yes he can get married in the USA and yes he can visit. Bring proof of his ties to Canada when those two events occur (like copy of a lease, a letter from his employer stating when he is returning to work, proof of school enrollment, bills etc..)