Need guidance/advice on third K1 Visa application for the same person

[Ben&Zian 4,398]

Canada would probably be easier. Since you already have tried the K-1 for him, and he did enter on one originally before leaving... trying to get a US tourist visa is going to be hard as he has immigrant intent.

 

As to a failed Canada visa, that will have no effect on a US K-1 visa at all.

[millefleur 5,047]

2 minutes ago, Kurt+Han said:

Do you think we should attempt a travel visa for him to Canada first before attempting a third K1?

 

If he attempts to get a travel visa to Canada and it fails would this hurt our chances for another K1 down the line even further?

I think attempting a K-1 for a third time in general is hurting your chances. Trying for the Canadian visa is definitely worth attempting first.

[EG&XY 144]

11 minutes ago, Kurt+Han said:

We looked into Canada but it seems like the requirements for him to just get a travel visa for Canada are pretty difficult with him being from China. The chances of this seem pretty far fetched. They might think he is attempting to immigrate to Canada and not return.

No, it's not difficult. This is exactly what my husband and I did. I'd be happy to discuss with you further.

[zilchfox 296]

With that said, I know that a LOT of people from China tour Canada, like... a LOT. Living there, I've seen Chinese tourist groups all over the place at parks and other points of interests having a good time, and yes it's totally legal to marry in Canada on a tourist visa, especially if there's absolutely no way he'd gain any sort of immigration benefit to Canada at all because you as the petitioner (I assume) are not Canadian. Here's what you'll need to do:

 

- Your fiance to file for a Canadian tourist visa
- Probably go to an interview for it. Make sure he explains the situation truthfully; he wants to marry his American citizen fiance in Canada for a legal same-sex wedding, and then (probably) have a few weeks of a honeymoon touring Canada.

- He receives visa, and flies to Canada,  and you with your U.S. passport simply fly up or drive to Canada (American citizens do not require a visa or even a passport if driving)

- Get married, have fun stuff to do in Canada while you're there

- When you get back home, and he gets back home, follow CR-1 visa steps, utilizing the legal marriage certificate from Canada.

[EG&XY 144]

3 minutes ago, zilchfox said:

With that said, I know that a LOT of people from China tour Canada, like... a LOT. Living there, I've seen Chinese tourist groups all over the place at parks and other points of interests having a good time, and yes it's totally legal to marry in Canada on a tourist visa, especially if there's absolutely no way he'd gain any sort of immigration benefit to Canada at all because you as the petitioner (I assume) are not Canadian. Here's what you'll need to do:

 

- Your fiance to file for a Canadian tourist visa
- Probably go to an interview for it. Make sure he explains the situation truthfully; he wants to marry his American citizen fiance in Canada for a legal same-sex wedding, and then (probably) have a few weeks of a honeymoon touring Canada.

- He receives visa, and flies to Canada,  and you with your U.S. passport simply fly up or drive to Canada (American citizens do not require a visa or even a passport if driving)

- Get married, have fun stuff to do in Canada while you're there

- When you get back home, and he gets back home, follow CR-1 visa steps, utilizing the legal marriage certificate from Canada.

Actually, for my husband there was no interview. It was quite simple really, just submit the paperwork and wait, when it was approved, submit passport for visa to be issued. I think that we had it all done within about 2 months.

 

i would recommend British Columbia since it is easy to get to from china and there is no waiting period for the wedding. We had our license within hours of getting off the plane and were married the next day. The only reason we didn't marry the same day was there just wasn't enoug time. It's also quite easy to arrange for an a marriage commissioner, we did it all by email and then just had one skype call so everyone could meet in real time to discuss/meet before the ceremony.

[zilchfox 296]

Just now, EG&XY said:

Actually, for my husband there was no interview. It was quite simple really, just submit the paperwork and wait, when it was approved, submit passport for visa to be issued. I think that we had it all done within about 2 months.

 

i would recommend British Columbia since it is easy to get to from china and there is no waiting period for the wedding. We had our license within hours of getting off the plane and were married the next day. The only reason we didn't marry the same day was there just wasn't enoug time. It's also quite easy to arrange for an a marriage commissioner, we did it all by email and then just had one skype call so everyone could meet in real time to discuss/meet before the ceremony.

No interview? Even better!

[Kurt+Han 0]

8 minutes ago, EG&XY said:

No, it's not difficult. This is exactly what my husband and I did. I'd be happy to discuss with you further.

Thank you for the comment and the offer. I may ask you some questions in a while after the thread slows down.

 

3 minutes ago, zilchfox said:

With that said, I know that a LOT of people from China tour Canada, like... a LOT. Living there, I've seen Chinese tourist groups all over the place at parks and other points of interests having a good time, and yes it's totally legal to marry in Canada on a tourist visa, especially if there's absolutely no way he'd gain any sort of immigration benefit to Canada at all because you as the petitioner (I assume) are not Canadian. Here's what you'll need to do:

 

- Your fiance to file for a Canadian tourist visa
- Probably go to an interview for it. Make sure he explains the situation truthfully; he wants to marry his American citizen fiance in Canada for a legal same-sex wedding, and then (probably) have a few weeks of a honeymoon touring Canada.

- He receives visa, and flies to Canada,  and you with your U.S. passport simply fly up or drive to Canada (American citizens do not require a visa or even a passport if driving)

- Get married, have fun stuff to do in Canada while you're there

- When you get back home, and he gets back home, follow CR-1 visa steps, utilizing the legal marriage certificate from Canada.

Wow, this is what I like to see. Makes me feel like there is still a chance. When he was looking into the Canada travel visa requirements maybe he was over analyzing it with worry it will be denied due to our first K1 mistake. We will have to revisit this option as it seems to be the obvious choice here.

[millefleur 5,047]

1 minute ago, EG&XY said:

Actually, for my husband there was no interview. It was quite simple really, just submit the paperwork and wait, when it was approved, submit passport for visa to be issued. I think that we had it all done within about 2 months.

 

i would recommend British Columbia since it is easy to get to from china and there is no waiting period for the wedding. We had our license within hours of getting off the plane and were married the next day. The only reason we didn't marry the same day was there just wasn't enoug time. It's also quite easy to arrange for an a marriage commissioner, we did it all by email and then just had one skype call so everyone could meet in real time to discuss/meet before the ceremony.

That's why I thought. Canadian tourist visas don't even require interviews. It's all possible to do via mail. It's a no brainer really.

 

OP, seems like you've got some really good advice here. Forget the K-1 and focus your energy on these steps.

[zilchfox 296]

Just now, Kurt+Han said:

Thank you for the comment and the offer. I may ask you some questions in a while after the thread slows down.

 

Wow, this is what I like to see. Makes me feel like there is still a chance. When he was looking into the Canada travel visa requirements maybe he was over analyzing it with worry it will be denied due to our first K1 mistake. We will have to revisit this option as it seems to be the obvious choice here.

I think 99% of people over-analyze their situations here just on VJ alone, and then when it's all said and done, it's usually "well...that was easier than expected!"

 

With that said, the K-1 denial will not influence a tourist visa decision in Canada whatsoever, as it is a separate country after all.

[Crazy Cat 42,120]

Another idea......Taiwan. 

1.  They just legalized SS marriage

2.  Easy to enter from both China and US

just an idea......imo

[zilchfox 296]

6 minutes ago, missileman said:

Another idea......Taiwan. 

1.  They just legalized SS marriage

2.  Easy to enter from both China and US

just an idea......imo

Very true, and this only happened days ago, a historic first for Asia!

[2far 185]

Before running off and getting married in Canada, can we discuss the second K1 denial?

Was it denied at the embassy or after you sent in the RFE?

If it was after you senrt in the RFE, what was the wording of the denial?

It's possible that you just didn't send them what they needed.

In that case, a third K1 attempt would be perfectly legitimate.

[Maria1989 403]

4 hours ago, zilchfox said:

 

Exactly, and it would be obvious to Canadian officials that there's no immigration intent (to Canada) if neither person is even Canadian, so that's super strong proof to either the U.S. or China, not Canada. 

OP, getting married in Canada is probably your best bet, and then while you're there, enjoy a nice vacation! I recommend checking out Banff National Park  and then after you both get back to your respective countries, your (then) spouse can file I-130 to petition you as a spouse to move permanently to the U.S.

Me and my fiance tried Canada because Im from Michigan and a fifteen minute drive. I go to Canada with a Enhanced License, available to MI Residents to travel to Canada, about 5-10 times a year. My Fiance was denied at first for   *No Legitimate Business Reason*, we later supplied additional documents explaining the visits and was denied basically for *Possible Overstay Risk, May Not Leave* so dont put your eggs in that basket. 

[Kurt+Han 0]

11 minutes ago, Maria1989 said:

Me and my fiance tried Canada because Im from Michigan and a fifteen minute drive. I go to Canada with a Enhanced License, available to MI Residents to travel to Canada, about 5-10 times a year. My Fiance was denied at first for   *No Legitimate Business Reason*, we later supplied additional documents explaining the visits and was denied basically for *Possible Overstay Risk, May Not Leave* so dont put your eggs in that basket. 

This was our main concern in the first place with the Canada option since he would be traveling alone and not with a group or family. Now I'm not sure what to think. I guess all we can do is try it. May I ask what you and your fiance did after being denied?

[Maria1989 403]

6 minutes ago, Kurt+Han said:

This was our main concern in the first place with the Canada option since he would be traveling alone and not with a group or family. Now I'm not sure what to think. I guess all we can do is try it. May I ask what you and your fiance did after being denied?

Well I flew to his home country and stayed two weeks and Im flying back prior to his interview. I heard that if you have a pending Petition or Denied Petition with the US that Canada will also deny, as they may think you are somehow trying to get around the US Immigration. Dont know how true that is, but we did explain that the purpose of his Visa was to have visits and in turn fulfill Immigration Requirements for the US, and as I stated we were denied. 

 

Canada has an easy online application and its about $100 US Dollars, with a turn around of about ten days for a decision. Wouldnt hurt to try, but basically all it did for me was hurt my feelings and shortly delay my process. Give it a shot it wouldnt hurt, you may get approved. 

 

Also, Check the last two pages of the denial, that is basically the just of the reason they are denying. Then see what you can do to overcome that. If its just about the waiver, and it will be more than two year shortly, then maybe you should wait that time period and reapply.  

 

I would agree with @2far a third attempt would be legitimate. 

 

Further, Canada does not require a Visa for US Citizens however they do require a Passport or an Enhanced Driver's License or ID, that is available to Michigan Residents (I dont believe this is available in other states, not sure) , this ID or License allows for travel by Car to Canada, without a passport.