fiancee' Visiting Canada Can I file her I-129 and Have her Interview in Canada

[NH Man 1]

I have filed her K1 Visa twice in the past 4 years and was denied in both instances..I know my 2nd option is to get married. I am trying to coordinate to meet the obligations of the marriage license whether it is in India or Canada. Due to my small business, I am unable to close the business for several days. I am not ready to shut down or leave someone behind, a lot of complications and issues are involved which I can not discuss on here.I am 12 years older than her, divorced once and marriage was annulled once. Is it possible or anyone has had a similar experience? Can I file k1 for her while she is visiting Canada?

[Transborderwife 4,666]

Nope.  She'd need residency for that

[EandH0904 1,184]

Do you know the reasons you got denied? 

[NH Man 1]

11 hours ago, EandH0904 said:

Do you know the reasons you got denied? 

No, I do not know the reasons. If I know why they denied, I would work on those areas.

[EandH0904 1,184]

6 minutes ago, NH Man said:

No, I do not know the reasons. If I know why they denied, I would work on those areas.

You can try filing a FOIA request through uscis. Was she denied or was it sent back to the US and expired? The second is usually more difficult to figure out. We contacted our congresswoman to help figure it all out. 

[Lemonslice 4,836]

24 minutes ago, NH Man said:

No, I do not know the reasons. If I know why they denied, I would work on those areas.

How much time have you spent together, in person?  

[NH Man 1]

3 hours ago, Lemonslice said:

How much time have you spent together, in person?  

about a week on each visit.

[NH Man 1]

14 minutes ago, NH Man said:

About a week on each visit. We have been together for over 9 years.  we talk over the phone probably10 times a day. submitted ever proof of ongoing relation.I am the one who is supporting the kids and put them through school and college. I am married to her in a way but no legal documents.That is why I want the K1 Visa for her.

 

 

[NH Man 1]

3 hours ago, Lemonslice said:

How much time have you spent together, in person?  

About a week on each visit. We have been known and together for over 9 years.  we talk over the phone probably10 times a day. submitted ever proof of ongoing relation.I am the one who is supporting the kids and put them through college. I am married to her in a way but no legal documents.That is why I want the K1 Visa for her.

[NH Man 1]

4 hours ago, EandH0904 said:

You can try filing a FOIA request through uscis. Was she denied or was it sent back to the US and expired? The second is usually more difficult to figure out. We contacted our congresswoman to help figure it all out. 

 

I did that and also tried through my senator and congresswoman. she had been denied 2 times. No reason was given.only thing I can assume is 3 weeks ago I received a letter from the USCIS field office in Chicago, Il that they had issued me the naturalization Number on my certificate which belongs to someone else whose name and particulars are similar to mine. That was many years ago.I sent the old certificate back to USCIS for the corrected one last week.

[Lemonslice 4,836]

42 minutes ago, NH Man said:

 I am married to her in a way but no legal documents.That is why I want the K1 Visa for her.

Being married, she's no longer eligible for a fiancee visa.

[Dutchster 1,107]

You are too married for a K-1 Fiancee visa and not married enough for CR-1 Spousal visa. Get married and apply for the CR-1.

[Transborderwife 4,666]

1 minute ago, Dutchster said:

You are too married for a K-1 Fiancee visa and not married enough for CR-1 Spousal visa. Get married and apply for the CR-1.

Yup, this

[David & Diana R 1,005]

54 minutes ago, NH Man said:

 

Whoops!  You just said you are married to her "in a way"?  No K-1 visa then.  Get married and file CR-1.  How many times did you visit each other?

[Ben&Zian 4,398]

Agreeing so far, any sort of ceremony or traditional celebrations can be looked at as weddings to the embassy which will result in a denial. 

 

Even seeing messages between the two of you when perhaps calling eachother 'husband' or 'wife' can lead them to think you're married.

 

As it has been said, perhaps you're "too married for K-1" but "not married enough for CR-1".... at this point perhaps just marrying and filing CR-1 is best route for you.