K-1 Canada to US questions

[USAboy 0]

I am thinking of proposing to my Canadian girlfriend and have been looking into the k-1 visa.  She plans on visiting me here in the US for a month and I was wondering if after the in person proposal we can file while she is still here in the US?  

 

Some background-- we met in England while in grad school and since returning to our respective countries in 2020 she has come to the US and I have gone to Canada multiple times to spend time together, celebrate birthdays and events, and meet family.  

 

Since after filing she should technically not attempt to enter the US while the K-1 is being processed and I would like her to move in with me as soon as the K-1 is approved, is it best to wait until she is here in person (or after she leaves) or could I potentially ask her before she visits me given that she has a return flight to Canada and a job to tend to (so as no intent to immigrate)?

 

Thanks!

[Crazy Cat 42,062]

17 minutes ago, USAboy said:

Since after filing she should technically not attempt to enter the US while the K-1 is being processed

That is inaccurate.  Visiting during the process is legally allowed as long as she can convince CBP that she will return to Canada after the visit (if asked).  However, entering the US as a visitor with the intent to stay and adjust status is visa fraud.  Have you considered marrying either in the US or Canada, then starting the CR-1 spousal visa process?  The spousal visa is far superior to a K-1, imo.

Every couple has their own priorities, and each couple must decide which visa is better for their situation.

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/he receives approved Advance Parole (approx 6-8 months)    
    Spouse can not work until she/he receives EAD (approx 6-8 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.
    A denied K-1 is sent back to USCIS to expire
  

CR-1
    Less expensive than K-1    
    No Adjustment of Status(I-485, I-131, I-765) required.    
    Spouse can immediately travel outside the US    
    Spouse is authorized to work immediately upon arrival.    
    Spouse receives Social Security Card and Green Card within 2 or 3 weeks after entering the US    
    Opening a bank account, getting a driver's license, etc. are very easily accomplished with GC, SS card, and passport.

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

 

 

 

Edited October 5, 2021 by Crazy Cat

[USAboy 0]

@Crazy Cat Thanks for your reply!

 

I was recommended by a family attorney who works in the immigration field that the safest thing to do is the k-1 since, if my girlfriend were to come here for a month, get married and leave, that marriage would be flagged as suspicious or fraudulent (being within 90 days of entry I believe).

 

Family attorney did recommend this site though so I am not discounting your reply!  I think we need to further look into the CR-1 as the lower cost, ability to work and travel are huge plusses.

 

[Crazy Cat 42,062]

37 minutes ago, USAboy said:

@Crazy Cat Thanks for your reply!

 

I was recommended by a family attorney who works in the immigration field that the safest thing to do is the k-1 since, if my girlfriend were to come here for a month, get married and leave, that marriage would be flagged as suspicious or fraudulent (being within 90 days of entry I believe).

 

Family attorney did recommend this site though so I am not discounting your reply!  I think we need to further look into the CR-1 as the lower cost, ability to work and travel are huge plusses.

 

That attorney is incorrect.  There is NOTHING suspicious or fraudulent in coming to the US to marry, then leaving.....as I stated, it is fraud to enter the US as a visitor with the intent to STAY AND ADJUST STATUS....... 

Edited October 5, 2021 by Crazy Cat

[Crazy Cat 42,062]

Ask that attorney if he/she has ever heard of destination weddings in Las Vegas.....You might be surprised at how much attorney misinformation we see here. 

Edited October 5, 2021 by Crazy Cat

[Unlockable 7,315]

43 minutes ago, USAboy said:

Since after filing she should technically not attempt to enter the US while the K-1 is being processed

This is not true at all! There is a huge on going thread on here where hundreds, if not thousands, of people shared how they successfully visited the US during their immigration process. It is almost 15 years old and is still going strong to this day.

 

Here is the thread...

 

 

11 minutes ago, USAboy said:

@Crazy Cat Thanks for your reply!

 

I was recommended by a family attorney who works in the immigration field that the safest thing to do is the k-1 since, if my girlfriend were to come here for a month, get married and leave, that marriage would be flagged as suspicious or fraudulent (being within 90 days of entry I believe).

 

Family attorney did recommend this site though so I am not discounting your reply!  I think we need to further look into the CR-1 as the lower cost, ability to work and travel are huge plusses.

 

The family attorney is wrong. There would be no suspicion. All the evidence you need is right here on this forum. There are 1000's of people who do what you suggested (come to the US and get married and return home) with absolutely no problems. You can do a search. Also, there is really no 90 day rule. And @Crazy Cat is correct, the spousal visa (CR1) is waaaay more beneficial than the K1 in your circumstance.

 

Welcome to the site and do some searching to find cases like yours. Also, show your attorney the threads you find where people have successfully visited during the process.

[SteveInBostonI130 3,482]

1 hour ago, USAboy said:

@Crazy Cat Thanks for your reply!

 

I was recommended by a family attorney who works in the immigration field that the safest thing to do is the k-1 since, if my girlfriend were to come here for a month, get married and leave, that marriage would be flagged as suspicious or fraudulent (being within 90 days of entry I believe).

 

Family attorney did recommend this site though so I am not discounting your reply!  I think we need to further look into the CR-1 as the lower cost, ability to work and travel are huge plusses.

 

 

The attorney is incorrect.  

 

Per Crazy Cat:

1 hour ago, Crazy Cat said:

That is inaccurate.  Visiting during the process is legally allowed as long as she can convince CBP that she will return to Canada after the visit (if asked).  However, entering the US as a visitor with the intent to stay and adjust status is visa fraud.  Have you considered marrying either in the US or Canada, then starting the CR-1 spousal visa process?  The spousal visa is far superior to a K-1, imo.

Every couple has their own priorities, and each couple must decide which visa is better for their situation.

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/he receives approved Advance Parole (approx 6-8 months)    
    Spouse can not work until she/he receives EAD (approx 6-8 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.
    A denied K-1 is sent back to USCIS to expire
  

CR-1
    Less expensive than K-1    
    No Adjustment of Status(I-485, I-131, I-765) required.    
    Spouse can immediately travel outside the US    
    Spouse is authorized to work immediately upon arrival.    
    Spouse receives Social Security Card and Green Card within 2 or 3 weeks after entering the US    
    Opening a bank account, getting a driver's license, etc. are very easily accomplished with GC, SS card, and passport.

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

 

CR-1 has many advantage over K-1, and the most relevant to your case is the one I highlighted above.  You mentioned that you visited Canada multiple times to visit with your girlfriend's family, spend holidays, attend events, etc.

 

If you go the K-1 route, your girlfriend will not be able to return to Canada for about 9-12 months.  That is because the 6-8 month timeline starts from the day you apply for advanced parole.  You will need to get married first.  Some people get married the week they arrive in the US with a K-1.  Others take about a month or more.  Then the adjustment of status/work authorization/advanced parole forms will need to be filled out, including collection of the evidence required (marriage certificate, financial documents, tax returns, etc.)   This also takes time.

 

 

 

[powerpuff 6,747]

~ Moved from K1 Case Filing & Progress Reports to K1 P&P ~

[SalishSea 18,079]

19 hours ago, USAboy said:

Since after filing she should technically not attempt to enter the US while the K-1 is being processed

This, plus the info given to you by the attorney, is incorrect.

 

She cannot enter the US on a B visa with the plan to stay and adjust status.  She can enter to visit, and will need to show ties to home to convince CBP that she will return home.

 

People with pending I-129F petitions for K-1s can (and do) visit the US.

[Bethany123 56]

I married my husband in the US and went back home to Canada. I never had an issue going to visit him. I just showed them that I had ties to Canada and that I wasn't trying to stay. I included receipt notices of my spousal visa to show them that I was following the process correctly.