K1 Fiance Visa

[Roel 7,192]

1 hour ago, 212GUY said:

Ok one more question. How will this encounter affect my future travel? Will I be separated and taken in for additional questioning every time I return home?

 

You should be fine. They might pull you for secondary, who knows.

Your fiance will be the one who is not allowed through the border.

[Crazy Cat 42,028]

2 hours ago, 212GUY said:

Thank you for your advice.  I am a law abiding citizen and really had no clue about different visa types.

Yes, I am sure you are as evidenced by the fact that you told the officers the truth about the situation.  My point was that the officers are trained to assume immigrant intent at times.....good luck to you and your fiance.  On a side note, you might want to look at my opinionated comparison of the 2 types of marriage visas...

 

K-1

    More expensive than CR-1

    Requires Adjustment of Status after marriage (expensive and requires a lot of paperwork)

    Spouse can not leave the US until she receives approved Advance Parole (approx 3-4 months)

    Spouse can not work until she receives EAD (approx 3-4 months)

    some people have had problems with driver licenses, Social Security cards, leases, bank account during this period .

    Spouse will not receive Green Card for many months after Adjustment of Status is filed.

CR-1

    Less expensive than K-1

    No AOS required.

    Spouse can immediately travel outside the US

    Spouse can start work if desired

    Spouse receives Social Security Card and Green Card withing 2 or 3 weeks after entering the US

    Spouse  has legal permanent Resident status IMMEDIATELY upon entry to US.

 

All-in-all, the CR-1 is superior to the K-1 imo.

[NYCruiser 423]

4 hours ago, 212GUY said:

Hi Roel,

 

Thank you for your advice. And I am really not knowledgeable in our immigration system. I thought since she already had a US visa what's the big deal and we both had Zero clue about the K1 Visa. I guess our lack of knowledge is costing us now! And yes she is in Canada legally as an international student for the next 3 years. Hope I can bring her down with that K1 Visa now. Also the immigration officer told her that they are not filing a case against her, but she still needs to obtain the proper visa. Thanks again

I think you maybe missing the point again,  am afraid...:-( The K1 is not for her to come down and visit you and go back to resume her studies...you mention she is in Canada legally on a Student Visa for 3 years? If the time times are 8-10 months wait until she gets her interview for the K1 (US Embassy in Montreal I think?), then what is going to happen to the remainder of her 2 years study? She cannot live in Canada after she gets her K1 visa and marries you?

[Perfect two 💑 1,147]

Sorry, I'm just curious. If she is at Canada using student visa and still study. How can OP and his fiancee decided to move in together at States since his fiancee still be a student at Canada. Did you plan for your fiancee to cross the border every time she have class at Canada? Aside from that, it will not affect your K-1 visa application, however, consulate officer may give your fiancee hard time by questioning about it. 

[TexasHeartsIndia 371]

In regards to not knowing what the different visa types are, of course 90% of Americans have no clue that there are different types of visas. However, surely the embassy officials explained that to her when she applied for her US travel visa. They also tell you very clearly at the border that with a travel visa, you MUST leave the country after a certain number of days. And in case you haven't noticed, the media is filled with the controversies surrounding immigration, both legal and illegal. I'm not trying to bash you here, but it seems like you two are in a bit of a love-stupper. Don't let your emotions and passion for one another blind you to the realities of life. You made one huge mistake (albeit unknowingly, yet still huge) and her name and passport number is probably flagged at USCIS. Again, not trying to scare you, but to urge you to be thoughtful and cautious moving forward. 

 

My husband is Indian and although he was living in India, not Canada, when we were engaged, I would imagine that the embassy in Canada will consider any Indian as a potential for fraud, just as they do at the embassy in India. India is considered a high fraud country (not as strict as say Morocco, but not quite as easy as western European countries). You will need to provide a lot of evidence of your relationship, such as pictures together, etc. They will most likely ask if her parents know about this relationship, since parental consent for marriage is more important for Indian cultures than western. If her parents don't know about you and/or don't approve of your relationship, that could be a red flag. That plus this border incident would probably be enough for a denial. 

 

I am sure a K1 visa is possible for her if you two plan and research well. Another option would be for you to move to Canada (doing your proper research for Canadian visas, of course), get married, live together for a while, then apply for a K3 visa or simply settle in Canada. Either way, I wish you two the very best and hope all goes well for you. 

[212GUY 0]

On 3/8/2018 at 10:54 AM, TexasHeartsIndia said:

In regards to not knowing what the different visa types are, of course 90% of Americans have no clue that there are different types of visas. However, surely the embassy officials explained that to her when she applied for her US travel visa. They also tell you very clearly at the border that with a travel visa, you MUST leave the country after a certain number of days. And in case you haven't noticed, the media is filled with the controversies surrounding immigration, both legal and illegal. I'm not trying to bash you here, but it seems like you two are in a bit of a love-stupper. Don't let your emotions and passion for one another blind you to the realities of life. You made one huge mistake (albeit unknowingly, yet still huge) and her name and passport number is probably flagged at USCIS. Again, not trying to scare you, but to urge you to be thoughtful and cautious moving forward. 

 

My husband is Indian and although he was living in India, not Canada, when we were engaged, I would imagine that the embassy in Canada will consider any Indian as a potential for fraud, just as they do at the embassy in India. India is considered a high fraud country (not as strict as say Morocco, but not quite as easy as western European countries). You will need to provide a lot of evidence of your relationship, such as pictures together, etc. They will most likely ask if her parents know about this relationship, since parental consent for marriage is more important for Indian cultures than western. If her parents don't know about you and/or don't approve of your relationship, that could be a red flag. That plus this border incident would probably be enough for a denial. 

 

I am sure a K1 visa is possible for her if you two plan and research well. Another option would be for you to move to Canada (doing your proper research for Canadian visas, of course), get married, live together for a while, then apply for a K3 visa or simply settle in Canada. Either way, I wish you two the very best and hope all goes well for you. 

Thank you for your advice. Please keep us in your prayers