Extended Visit with Pending K1 Clarification

[BananaButton5 175]

I need some clarification on visiting. I know there is a whole thread about it, but I'm still uncertain. My fiance is from Canada. 

 

I'm filing our I-129f tomorrow. Let's say hypothetically it takes 300 days for approval, that would put us at the very end of December (I know it could very well take longer than this, it's just a hypothetical). He was planning on staying with me in the US for an extended period of maybe a month or so around November and then he'd go back home while we finish waiting-- but my question is what would happen if the visa was approved while he was in the United States? Would he have to leave the US and come back before we get married? I'm not sure how that would work with the interview timing either since he will need to be in Canada for the interview I'm assuming. Also, he would be quitting his job during this time, and besides renting/having a storage unit he wouldn't have much proof that he intends to return to Canada which would potentially cause issues. 

 

I'm thinking now maybe we should scrap the idea of him coming here for a month all together, but that really crushes me because we can only maybe fit in two or three quick visits for the rest of the year. 

 

Thanks!

[CaliCanadianGuy 7]

Hi, I just went through the K1 process last year.  After we filed I came to the USA from Canada for 3 - 2 week trips with no problem.  I was just honest when they asked me at the border why I was going (for vacation) and didn't have any problems.  I did bring proof of work and mortgage on my condo but was never asked about the visa application or for any proof I was returning other than my return flight ticket.  I think being from a visa waiver country like Canada as long as he has a return ticket he should be okay.  He should bring whatever proof he can though of his ties to Canada just in case.  At the end of the day it will be up to the border guard so nothing you can really do about it.

 

Yes, once the K1 is approved he will need to schedule his interview at the Montreal consulate and attend the interview there.  Once he has his interview he will wait for them to return his passport with the visa inside and only then can he move to the USA.

[AL-MJD 144]

Mister there is absolutely right, as long as you can prove he will return to Canada is fine.

 

I'm in an odd spot. The last time I visited US while the petition was processing, I was unemployed. I had a return flight ticket, valid ESTA, and all the customs officer did was ask what am I working as(unemployed), where am I going (Omaha-detailed address), how long am I staying(an entire month the previous time I believe, I forget things). And then he asked me why am I in the U.S. and I happily beamed that I am meeting my fiancée after being 3 excruciating months apart. 

 

And I was let in.

Edited February 28, 2018 by AL-MJD