Does the K1 interview have to occur outside the U.S.

[bobokiki 0]

Hi everyone, I know this might be a dumb question but is there any way for my fiance from Canada to have the K-1 interview in the United States instead of the Consulate in Canada. She's coming over on a B2 visitors visa until she receives word on when the interview is. Are the Consulates outside of the U.S. the only place the interviews are done? Are we going to have to travel back up to Canada for the interview just to get a piece of paper stamped at the border? Man, thats like reaching behind your back to scratch your elbow! It would be so much easier to be able to do it in the state I live in and save us the expense of flying back to Canada.

Thanks in advance for your replies.

Bo

[payxibka 10,047]

Hi everyone, I know this might be a dumb question but is there any way for my fiance from Canada to have the K-1 interview in the United States instead of the Consulate in Canada. She's coming over on a B2 visitors visa until she receives word on when the interview is. Are the Consulates outside of the U.S. the only place the interviews are done? Are we going to have to travel back up to Canada for the interview just to get a piece of paper stamped at the border? Man, thats like reaching behind your back to scratch your elbow! It would be so much easier to be able to do it in the state I live in and save us the expense of flying back to Canada.

Thanks in advance for your replies.

Bo

Nope, at foreign consulates only....

[bobokiki 0]

Nope, at foreign consulates only....

Thats what I figured. Ohh well....

[YuAndDan 153]

A visa is for entry into the USA and is issued by the foreign consulate, how can you interview for permission to enter the country when you are already in the country?

[Kez/JWolf 6]

Hi everyone, I know this might be a dumb question but is there any way for my fiance from Canada to have the K-1 interview in the United States instead of the Consulate in Canada. She's coming over on a B2 visitors visa until she receives word on when the interview is. Are the Consulates outside of the U.S. the only place the interviews are done? Are we going to have to travel back up to Canada for the interview just to get a piece of paper stamped at the border? Man, thats like reaching behind your back to scratch your elbow! It would be so much easier to be able to do it in the state I live in and save us the expense of flying back to Canada.

Thanks in advance for your replies.

Bo

So she is not coming for a vist then she is coming on her B2 to move here.... not a good move if you are doing the K1 route....

Kez

[pushbrk 13,121]

Hi everyone, I know this might be a dumb question but is there any way for my fiance from Canada to have the K-1 interview in the United States instead of the Consulate in Canada. She's coming over on a B2 visitors visa until she receives word on when the interview is. Are the Consulates outside of the U.S. the only place the interviews are done? Are we going to have to travel back up to Canada for the interview just to get a piece of paper stamped at the border? Man, thats like reaching behind your back to scratch your elbow! It would be so much easier to be able to do it in the state I live in and save us the expense of flying back to Canada.

Thanks in advance for your replies.

Bo

So she is not coming for a vist then she is coming on her B2 to move here.... not a good move if you are doing the K1 route....

Kez

It really doesn't matter how much stuff you bring with you. It only matters that you don't overstay and that you return to Canada for the interview and enter the US using a valid K1 visa before marriage.

[Kez/JWolf 6]

Hi everyone, I know this might be a dumb question but is there any way for my fiance from Canada to have the K-1 interview in the United States instead of the Consulate in Canada. She's coming over on a B2 visitors visa until she receives word on when the interview is. Are the Consulates outside of the U.S. the only place the interviews are done? Are we going to have to travel back up to Canada for the interview just to get a piece of paper stamped at the border? Man, thats like reaching behind your back to scratch your elbow! It would be so much easier to be able to do it in the state I live in and save us the expense of flying back to Canada.

Thanks in advance for your replies.

Bo

So she is not coming for a vist then she is coming on her B2 to move here.... not a good move if you are doing the K1 route....

Kez

It really doesn't matter how much stuff you bring with you. It only matters that you don't overstay and that you return to Canada for the interview and enter the US using a valid K1 visa before marriage.

I am sure the POE officer would disagree with your statement.... try telling them at POE well I have a B2 visa but I am moving to live in the US.... I am sure they would say OH welcome to the USA have a nice life.....

Lets hope that nothing is asked at the K1 interview about place of residence....

Kez

[pushbrk 13,121]

Hi everyone, I know this might be a dumb question but is there any way for my fiance from Canada to have the K-1 interview in the United States instead of the Consulate in Canada. She's coming over on a B2 visitors visa until she receives word on when the interview is. Are the Consulates outside of the U.S. the only place the interviews are done? Are we going to have to travel back up to Canada for the interview just to get a piece of paper stamped at the border? Man, thats like reaching behind your back to scratch your elbow! It would be so much easier to be able to do it in the state I live in and save us the expense of flying back to Canada.

Thanks in advance for your replies.

Bo

So she is not coming for a vist then she is coming on her B2 to move here.... not a good move if you are doing the K1 route....

Kez

It really doesn't matter how much stuff you bring with you. It only matters that you don't overstay and that you return to Canada for the interview and enter the US using a valid K1 visa before marriage.

I am sure the POE officer would disagree with your statement.... try telling them at POE well I have a B2 visa but I am moving to live in the US.... I am sure they would say OH welcome to the USA have a nice life.....

Lets hope that nothing is asked at the K1 interview about place of residence....

Kez

I agree. I referred to "stuff" not stupid statements to immigration officials. Without authorization to stay beyond the time allowed in the B2 visa, one cannot accurately describe their intention to "move to the US". She can bring as much stuff as she wants as long as she goes back before her visa expires and secures the appropriate visa. How is this "moving to the USA"?

[~Nini~ 2]

If we could all live in the US while our K1s were processing, and be able to have our interviews at the local office where our USC fiances resided, and not have to go back to our home country, I think we'd all be a bunch of happier people.

[Kez/JWolf 6]

Hi everyone, I know this might be a dumb question but is there any way for my fiance from Canada to have the K-1 interview in the United States instead of the Consulate in Canada. She's coming over on a B2 visitors visa until she receives word on when the interview is. Are the Consulates outside of the U.S. the only place the interviews are done? Are we going to have to travel back up to Canada for the interview just to get a piece of paper stamped at the border? Man, thats like reaching behind your back to scratch your elbow! It would be so much easier to be able to do it in the state I live in and save us the expense of flying back to Canada.

Thanks in advance for your replies.

Bo

So she is not coming for a vist then she is coming on her B2 to move here.... not a good move if you are doing the K1 route....

Kez

It really doesn't matter how much stuff you bring with you. It only matters that you don't overstay and that you return to Canada for the interview and enter the US using a valid K1 visa before marriage.

I am sure the POE officer would disagree with your statement.... try telling them at POE well I have a B2 visa but I am moving to live in the US.... I am sure they would say OH welcome to the USA have a nice life.....

Lets hope that nothing is asked at the K1 interview about place of residence....

Kez

I agree. I referred to "stuff" not stupid statements to immigration officials. Without authorization to stay beyond the time allowed in the B2 visa, one cannot accurately describe their intention to "move to the US". She can bring as much stuff as she wants as long as she goes back before her visa expires and secures the appropriate visa. How is this "moving to the USA"?

Are we going to have to travel back up to Canada for the interview just to get a piece of paper stamped at the border? Man, thats like reaching behind your back to scratch your elbow! It would be so much easier to be able to do it in the state I live in and save us the expense of flying back to Canada.

AS you can see from the OP comments.... they feel that to have to go back to Canada just to get a bit of paper for the border is going to cost them money.... most people who are lucky enough to be able to spend time together at the K1 stage would have to return to Canada to close up their home, job, financial affairs.... you know all the things they might ask for as evidence of ties to Canada at POE.... but the OP sugests that they will only have to return for the bit of paper.... so the other things must have already been sorted out and no ties exist.... or they are going to abandon everything.... or they have already taken up residence in the US....

Kez

[pushbrk 13,121]

Hi everyone, I know this might be a dumb question but is there any way for my fiance from Canada to have the K-1 interview in the United States instead of the Consulate in Canada. She's coming over on a B2 visitors visa until she receives word on when the interview is. Are the Consulates outside of the U.S. the only place the interviews are done? Are we going to have to travel back up to Canada for the interview just to get a piece of paper stamped at the border? Man, thats like reaching behind your back to scratch your elbow! It would be so much easier to be able to do it in the state I live in and save us the expense of flying back to Canada.

Thanks in advance for your replies.

Bo

So she is not coming for a vist then she is coming on her B2 to move here.... not a good move if you are doing the K1 route....

Kez

It really doesn't matter how much stuff you bring with you. It only matters that you don't overstay and that you return to Canada for the interview and enter the US using a valid K1 visa before marriage.

I am sure the POE officer would disagree with your statement.... try telling them at POE well I have a B2 visa but I am moving to live in the US.... I am sure they would say OH welcome to the USA have a nice life.....

Lets hope that nothing is asked at the K1 interview about place of residence....

Kez

I agree. I referred to "stuff" not stupid statements to immigration officials. Without authorization to stay beyond the time allowed in the B2 visa, one cannot accurately describe their intention to "move to the US". She can bring as much stuff as she wants as long as she goes back before her visa expires and secures the appropriate visa. How is this "moving to the USA"?

Are we going to have to travel back up to Canada for the interview just to get a piece of paper stamped at the border? Man, thats like reaching behind your back to scratch your elbow! It would be so much easier to be able to do it in the state I live in and save us the expense of flying back to Canada.

AS you can see from the OP comments.... they feel that to have to go back to Canada just to get a bit of paper for the border is going to cost them money.... most people who are lucky enough to be able to spend time together at the K1 stage would have to return to Canada to close up their home, job, financial affairs.... you know all the things they might ask for as evidence of ties to Canada at POE.... but the OP sugests that they will only have to return for the bit of paper.... so the other things must have already been sorted out and no ties exist.... or they are going to abandon everything.... or they have already taken up residence in the US....

Kez

Whether they have ties to Canada might come up at the POE. If it does, then she may not be allowed to enter. My point was it doesn't matter how much "stuff" she brings. If she ends up being turned away or later doesn't get the visa she'll have decisions and value judgments to make. Hindsight might tell her the choice to give up her domicile and cart all her possessions to the USA was a stupid one. Nevertheless, it is not illegal to do so, as long as she returns to Canada without overstaying her visa.

It's really no different than this example. A USC meets a Canadian working in the UK. Eventually, they decide to marry, so they go to Canada where her family is and marry. She returns to the UK to her job while he file papers for a K3 visa. Her visa interview is in Canada. She ships her stuff to the US and stops off for a visit on the way to Canada for her visa interview. She has no domicile at all. Her possessions are in the US, where she plans to live as soon as she has the K3 visa. Does it matter how long she visits as long as she doesn't overstay? Of course not.

Could she be turned away at the POE. Certainly it's possible but that is a separate issue. She need not explain her whole live plan. She's coming for a visit. She'll visit until her visa expires or she leaves, whichever comes first. When she leaves, she's going to interview for a K visa. Where's the problem?

The OP has a B2 visa, so being turned away at the POE is highly unlikely but she is still "visiting" because she is returning to Canada.

Edited July 17, 2007 by pushbrk

[bobokiki 0]

Hi everyone, I know this might be a dumb question but is there any way for my fiance from Canada to have the K-1 interview in the United States instead of the Consulate in Canada. She's coming over on a B2 visitors visa until she receives word on when the interview is. Are the Consulates outside of the U.S. the only place the interviews are done? Are we going to have to travel back up to Canada for the interview just to get a piece of paper stamped at the border? Man, thats like reaching behind your back to scratch your elbow! It would be so much easier to be able to do it in the state I live in and save us the expense of flying back to Canada.

Thanks in advance for your replies.

Bo

So she is not coming for a vist then she is coming on her B2 to move here.... not a good move if you are doing the K1 route....

Kez

It really doesn't matter how much stuff you bring with you. It only matters that you don't overstay and that you return to Canada for the interview and enter the US using a valid K1 visa before marriage.

I am sure the POE officer would disagree with your statement.... try telling them at POE well I have a B2 visa but I am moving to live in the US.... I am sure they would say OH welcome to the USA have a nice life.....

Lets hope that nothing is asked at the K1 interview about place of residence....

Kez

I agree. I referred to "stuff" not stupid statements to immigration officials. Without authorization to stay beyond the time allowed in the B2 visa, one cannot accurately describe their intention to "move to the US". She can bring as much stuff as she wants as long as she goes back before her visa expires and secures the appropriate visa. How is this "moving to the USA"?

Are we going to have to travel back up to Canada for the interview just to get a piece of paper stamped at the border? Man, thats like reaching behind your back to scratch your elbow! It would be so much easier to be able to do it in the state I live in and save us the expense of flying back to Canada.

AS you can see from the OP comments.... they feel that to have to go back to Canada just to get a bit of paper for the border is going to cost them money.... most people who are lucky enough to be able to spend time together at the K1 stage would have to return to Canada to close up their home, job, financial affairs.... you know all the things they might ask for as evidence of ties to Canada at POE.... but the OP sugests that they will only have to return for the bit of paper.... so the other things must have already been sorted out and no ties exist.... or they are going to abandon everything.... or they have already taken up residence in the US....

Kez

So you think there would be a problem if my fiance's contract at her place of employment expired before the interview took place and she came to the U.S. to visit until the time of the interview. Does she have to have a job and a place of residence in Canada at the time of the interview. Is there a list of "ties" that you have to have in Canada at the time of the interview (e.g. a place of employment or a residence) in order to be accepted for the K1 visa. Wouldnt the fact that she's a Canadian Citizen be a "tie". What grounds would they have to refuse the visa? She isnt moving here peminantly on her B2 visa, she's just visiting. If she gets denied the K1 she will have to go back to Canada but is the fact that shes visiting on a B2 until the K1 interview going to disqualify her from getting the K1 itself? If you have any knowledge of how this has negatively affected someone else I would like to hear all you can tell me. I need all the facts. Thanks.

[~Nini~ 2]

So you think there would be a problem if my fiance's contract at her place of employment expired before the interview took place and she came to the U.S. to visit until the time of the interview. Does she have to have a job and a place of residence in Canada at the time of the interview. Is there a list of "ties" that you have to have in Canada at the time of the interview (e.g. a place of employment or a residence) in order to be accepted for the K1 visa. Wouldnt the fact that she's a Canadian Citizen be a "tie". What grounds would they have to refuse the visa? She isnt moving here peminantly on her B2 visa, she's just visiting. If she gets denied the K1 she will have to go back to Canada but is the fact that shes visiting on a B2 until the K1 interview going to disqualify her from getting the K1 itself? If you have any knowledge of how this has negatively affected someone else I would like to hear all you can tell me. I need all the facts. Thanks.

The issue isn't that the K1 will be denied if she's denied at the POE to come visit in the US. Many people have success in visiting their USC fiances while the K1 is in process.

The issue is that she's coming to visit while a K1 visa is in process, and at the border she may be asked about that. The fact that she's a Canadian citizen isn't going to be enough, nor will that solely prove that she will have intent to go back to Canada at any point. The fact that she may have an "impending interview at the consulate for her K1" may not be enough reason for them either. The issue is whether she can prove that she has solid ties to Canada, which need to be proven with a letter from her employer, lease on apartment, proof of return ticket, etc. If the officers at immigration feel that there's an intent of her moving to the US no matter what she can provide, then they can deny her entry.

That doesn't mean that her K1 will be denied. It just means that she can't visit you until her K1 is complete.

(As an aside, I've visited my fiance during the process and I went through fine. I'm not trying to be negative, you just need to be aware of what you're looking at.)

[pushbrk 13,121]

So you think there would be a problem if my fiance's contract at her place of employment expired before the interview took place and she came to the U.S. to visit until the time of the interview. Does she have to have a job and a place of residence in Canada at the time of the interview. Is there a list of "ties" that you have to have in Canada at the time of the interview (e.g. a place of employment or a residence) in order to be accepted for the K1 visa. Wouldnt the fact that she's a Canadian Citizen be a "tie". What grounds would they have to refuse the visa? She isnt moving here peminantly on her B2 visa, she's just visiting. If she gets denied the K1 she will have to go back to Canada but is the fact that shes visiting on a B2 until the K1 interview going to disqualify her from getting the K1 itself? If you have any knowledge of how this has negatively affected someone else I would like to hear all you can tell me. I need all the facts. Thanks.

The issue isn't that the K1 will be denied if she's denied at the POE to come visit in the US. Many people have success in visiting their USC fiances while the K1 is in process.

The issue is that she's coming to visit while a K1 visa is in process, and at the border she may be asked about that. The fact that she's a Canadian citizen isn't going to be enough, nor will that solely prove that she will have intent to go back to Canada at any point. The fact that she may have an "impending interview at the consulate for her K1" may not be enough reason for them either. The issue is whether she can prove that she has solid ties to Canada, which need to be proven with a letter from her employer, lease on apartment, proof of return ticket, etc. If the officers at immigration feel that there's an intent of her moving to the US no matter what she can provide, then they can deny her entry.

That doesn't mean that her K1 will be denied. It just means that she can't visit you until her K1 is complete.

(As an aside, I've visited my fiance during the process and I went through fine. I'm not trying to be negative, you just need to be aware of what you're looking at.)

If a person with a K or immigrant visa in process wishes to visit the US on a Canadian, visa waiver or other visitor visa, they are wise to be prepared to convince the immigration official at the POE that they are planning to return to their home country before coming to the US permanently. That is the issue. One way to convince them is to show evidence of "ties" like a home, job, assets etc. but that is not the only way. It may be the best publicized and reliable way that one can physically "prepare" for but I'm not convinced a confident truthful answer to a "purpose of visit" question isn't even better.

The reality is most visitors really don't have to explain much unless they give the wrong impression somehow.

A person expecting to be given leave to enter for 90 days, who expects an interview in three or four months (or any time period of leave and potential interview date) doesn't really need to explain they are coming to be with their spouse while they wait for the interview. They can truthfully say they are coming to visit family and friends and just leave it at that. Usually, that's enough. When it's not, be prepared to show ties. If you've severed them, be prepared for the possibility you may be denied entry.

Regardless, attempting to visit your fiance(e) or spouse during the K or immigrant visa process is not grounds for denial of the pending visa and it is perfectly legal as long as they don't overstay the time granted on arrival.

[Yodrak 7]

pushbrk,

I agree in principle, but I think that 2 of the first 3 questions asked are

- why are you here, and

- how long will you be here

Visiting family and friends is a fine answer to the 1st question, but answering the 2nd question is a bit more tricky. Visiting for 2 or 3 weeks is one thing, visiting for 3 or 4 months is quite another and some (many?) immigration officers may consider it to be 'over the line' if they realize that a K or immigrant visa interview is in the works. You can call it 'visiting', but it can also be called moving to the USA prior to having the appropriate visa.

Yodrak

If a person with a K or immigrant visa in process wishes to visit the US on a Canadian, visa waiver or other visitor visa, they are wise to be prepared to convince the immigration official at the POE that they are planning to return to their home country before coming to the US permanently. That is the issue. One way to convince them is to show evidence of "ties" like a home, job, assets etc. but that is not the only way. It may be the best publicized and reliable way that one can physically "prepare" for but I'm not convinced a confident truthful answer to a "purpose of visit" question isn't even better.

The reality is most visitors really don't have to explain much unless they give the wrong impression somehow.

A person expecting to be given leave to enter for 90 days, who expects an interview in three or four months (or any time period of leave and potential interview date) doesn't really need to explain they are coming to be with their spouse while they wait for the interview. They can truthfully say they are coming to visit family and friends and just leave it at that. Usually, that's enough. When it's not, be prepared to show ties. If you've severed them, be prepared for the possibility you may be denied entry.

Regardless, attempting to visit your fiance(e) or spouse during the K or immigrant visa process is not grounds for denial of the pending visa and it is perfectly legal as long as they don't overstay the time granted on arrival.

Edited July 17, 2007 by Yodrak