K1 residency requirements(merged)

[murrv 8]

Hi,

 

Are there any residency requirements for the american petitioner for the k1 visa? My fiance happened to be here in March when the border closed and his work went remote so he's been here about 6 months. He still has his apartment in the US and is still at the same US job, he's just been in Canada for a while. Does anyone know if there is any risk to him staying in Canada? I'm hoping I will have my interview rescheduled in late October and to move by November so he would stay here so we could move together but I'm a little worried about that causing any concern at our interview. 

 

He's applied for an extension from the Canadian government so he's allowed to be here while we wait for my visa. I could bring a copy of that application as well where we had to prove he still had his american job and is paying for his US apartment, bills and had the intent to leave once I received my visa.

[payxibka 10,045]

2 minutes ago, murrv said:

Hi,

 

Are there any residency requirements for the american petitioner for the k1 visa? My fiance happened to be with me in Canada in March when the border closed and his work went remote so he's been here about 6 months. He still has his apartment in the US and is still at the same US job, he's just been in Canada for a while. Does anyone know if there is any risk to him staying in Canada? I'm hoping I will have my interview rescheduled in late October and to move by November so he would stay here so we could move together but I'm a little worried about that causing any concern at our interview. 

 

He's applied for an extension from the Canadian government so he's allowed to be here while we wait for my visa. I could bring a copy of that application as well where we had to prove he still had his american job and is paying for his US apartment, bills and had the intent to leave once I received my visa.

No risk for your application 

[NikLR 13,227]

yes domicile.

[murrv 8]

9 minutes ago, NikLR said:

yes domicile.

Thanks for the answer. He still has his apartment (is paying rent, utilities, has a lease) so I think we still have that covered? Is there any requirement for how many months he needs to be in the US that you know of?

[murrv 8]

Hi,

 

Are there any residency requirements for the american petitioner for the k1 visa? My fiance happened to be here in March when the border closed and his work went remote so he's been here about 6 months. He still has his apartment in the US and is still at the same US job, he's just been in Canada for a while. Does anyone know if there is any risk to him staying in Canada? I'm hoping I will have my interview rescheduled in late October and to move by November so he would stay here so we could move together but I'm a little worried about that causing any concern at our interview. 

 

He's applied for an extension from the Canadian government so he's allowed to be here while we wait for my visa. I could bring a copy of that application as well where we had to prove he still had his american job and is paying for his US apartment, bills and had the intent to leave once I received my visa.

[payxibka 10,045]

As long as he maintains us domicile there is no issue 

[DaveAndAnastasia 2,092]

There aren't, and since he's doing his US-based job remotely he's got US income and shouldn't have any issues with proving his ability to support you.

 

In most cases couples living together outside the US should choose a spousal visa rather than a fiancé visa, but it sounds like your petition was already in process when he came to visit you. 

[NikLR 13,227]

13 hours ago, murrv said:

Thanks for the answer. He still has his apartment (is paying rent, utilities, has a lease) so I think we still have that covered? Is there any requirement for how many months he needs to be in the US that you know of?

None if he has those things in the USA already. 

[Ontarkie 14,230]

~~Three threads merged. Do not start another thread on this or any related topic.~~

[murrv 8]

I wasn't trying to make multiple posts but I didn't want the post in the Canada forum I wanted it in the k1 process and procedures forums but it keeps getting merged back into Canada!

 

[NikLR 13,227]

Probably because the strict domicile requirements of Montreal is unique. Rarely do we read about domicile issues from other countries. But as oer your request I'll move this thread to the K1 process and procedures forum.

 

~~moved per OP request~~

Edited October 1, 2020 by NikLR

[Ontarkie 14,230]

22 hours ago, murrv said:

I wasn't trying to make multiple posts but I didn't want the post in the Canada forum I wanted it in the k1 process and procedures forums but it keeps getting merged back into Canada!

 

Because this is a Canada specific question. Almost no other country deal with the issues that you will see out of Canada.