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Shawawa2112

Applying to K1 visa while both petitioner & beneficiary live in Canada?

By Shawawa2112 in K-1 Fiance(e) Visa Process & Procedures

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Shawawa2112 Rookie

Shawawa2112   1

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I have searched high and low for information about this situation, and couldn't find any.

 

My girlfriend is a dual US/CAD citizen. She moved to Canada at a young age, and has lived here ever since.

She is applying to school in California, and hopes to start in September. We are trying to find out the best route for me to be able to join her without being apart for too long.

And before anybody asks, she is going to back-file her past several years of US taxes for the interview. We also have family in the US who would co-sponsor for the affidavit of support.

 

So my main question is, is it possible to begin the process for a K1 visa when we both live in Canada?

She has full intentions of being a student in the states, and we would even have her class schedule to use as proof in the interview, along with her parents allowing us to live in a house they own down there.

We do not want to rush marriage for the sake of immigration, so I am asking about K1 visas only.

Khallaf Proficient

Khallaf   650

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Filed: IR-1/CR-1 Visa Country: Egypt
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13 minutes ago, Shawawa2112 said:

I have searched high and low for information about this situation, and couldn't find any.

 

My girlfriend is a dual US/CAD citizen. She moved to Canada at a young age, and has lived here ever since.

She is applying to school in California, and hopes to start in September. We are trying to find out the best route for me to be able to join her without being apart for too long.

And before anybody asks, she is going to back-file her past several years of US taxes for the interview. We also have family in the US who would co-sponsor for the affidavit of support.

 

So my main question is, is it possible to begin the process for a K1 visa when we both live in Canada?

She has full intentions of being a student in the states, and we would even have her class schedule to use as proof in the interview, along with her parents allowing us to live in a house they own down there.

We do not want to rush marriage for the sake of immigration, so I am asking about K1 visas only.

applying for K1 means you have intent to Marry.

 

once the K1 visa is approved you have 90 days to get married to be able to permanently live in USA

Crazy Cat Grand Master

Crazy Cat   42,622

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Filed: Citizen (apr) Timeline
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15 minutes ago, Shawawa2112 said:

So my main question is, is it possible to begin the process for a K1 visa when we both live in Canada?

Yes

"The US immigration process requires a great deal of knowledge, planning, time, patience, and a significant amount of money.  It is quite a journey!"

- Some old child of the 50's & 60's on his laptop 

 

Senior Master Sergeant, US Air Force- Retired (after 20+ years)- Missile Systems Maintenance & Titan 2 ICBM Launch Crew Duty (200+ Alert tours)

Registered Nurse- Retired- I practiced in the areas of Labor & Delivery, Home Health, Adolescent Psych, & Adult Psych.

IT Professional- Retired- Web Site Design, Hardware Maintenance, Compound Pharmacy Software Trainer, On-site go live support, Database Manager, App Designer.

______________________________________

In summary, it took 13 months for approval of the CR-1.  It took 44 months for approval of the I-751.  It took 4 months for approval of the N-400.   It took 172 days from N-400 application to Oath Ceremony.   It took 6 weeks for Passport, then 7 additional weeks for return of wife's Naturalization Certificate.. 
 

Shawawa2112 Rookie

Shawawa2112   1

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We absolutely have intent to marry... we just don't want to rush it for the sake of immigration. But we absolutely would marry once I am able to successfully arrive on a K1 visa. I have this grand idea of giving her a ring when we arrive at the airport :)

 

There is just so little information on my specific situation... but if it is possible to begin the process while we both live in Canada, that would be amazing.

geowrian Grand Master

geowrian   22,338

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Filed: Lift. Cond. (pnd) Country: Philippines
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Posted

Where is there so little info on this circumstance? To be blunt, it's far from unique. It's not that uncommon, really.

 

Yes, you can start the K-1 process while abroad. Montreal is very strict on US domicile, so your fiancee would likely need to come to the US at least a couple months before the interview to establish domicile there. Technically you can show sufficient intent to establish domicile instead, but given how strict that consulate is on the subject and she has lived in Canada most of her life, actually establishing domicile would be recommended. Since she is studying in the US in Sept., she should be fine. The K-1 is taking 8-11 months on average right now, so she'll be in the US for at least a few months by the time of the interview.

Timelines:

ROC:

Spoiler

7/27/20: Sent forms to Dallas lockbox, 7/30/20: Received by USCIS, 8/10 NOA1 electronic notification received, 8/1/ NOA1 hard copy received

AOS:

Spoiler

AOS (I-485 + I-131 + I-765):

9/25/17: sent forms to Chicago, 9/27/17: received by USCIS, 10/4/17: NOA1 electronic notification received, 10/10/17: NOA1 hard copy received. Social Security card being issued in married name (3rd attempt!)

10/14/17: Biometrics appointment notice received, 10/25/17: Biometrics

1/2/18: EAD + AP approved (no website update), 1/5/18: EAD + AP mailed, 1/8/18: EAD + AP approval notice hardcopies received, 1/10/18: EAD + AP received

9/5/18: Interview scheduled notice, 10/17/18: Interview

10/24/18: Green card produced notice, 10/25/18: Formal approval, 10/31/18: Green card received

K-1:

Spoiler

I-129F

12/1/16: sent, 12/14/16: NOA1 hard copy received, 3/10/17: RFE (IMB verification), 3/22/17: RFE response received

3/24/17: Approved! , 3/30/17: NOA2 hard copy received

 

NVC

4/6/2017: Received, 4/12/2017: Sent to Riyadh embassy, 4/16/2017: Case received at Riyadh embassy, 4/21/2017: Request case transfer to Manila, approved 4/24/2017

 

K-1

5/1/2017: Case received by Manila (1 week embassy transfer??? Lucky~)

7/13/2017: Interview: APPROVED!!!

7/19/2017: Visa in hand

8/15/2017: POE

 

Crazy Cat Grand Master

Crazy Cat   42,622

Posted
Filed: Citizen (apr) Timeline
Posted
3 minutes ago, Shawawa2112 said:

Do you have personal experience doing this? Or is there official word from USCIS that this is allowable?

 

Not that I'm doubting you... it's just that, again, I have searched the whole internet for this info and I couldn't find it.

Use the search function on this site. You aren't the first to ask this. 

"The US immigration process requires a great deal of knowledge, planning, time, patience, and a significant amount of money.  It is quite a journey!"

- Some old child of the 50's & 60's on his laptop 

 

Senior Master Sergeant, US Air Force- Retired (after 20+ years)- Missile Systems Maintenance & Titan 2 ICBM Launch Crew Duty (200+ Alert tours)

Registered Nurse- Retired- I practiced in the areas of Labor & Delivery, Home Health, Adolescent Psych, & Adult Psych.

IT Professional- Retired- Web Site Design, Hardware Maintenance, Compound Pharmacy Software Trainer, On-site go live support, Database Manager, App Designer.

______________________________________

In summary, it took 13 months for approval of the CR-1.  It took 44 months for approval of the I-751.  It took 4 months for approval of the N-400.   It took 172 days from N-400 application to Oath Ceremony.   It took 6 weeks for Passport, then 7 additional weeks for return of wife's Naturalization Certificate.. 
 

 
Didn't find the answer you were looking for? Ask our VJ Immigration Lawyers.

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