Can someone with a Student VISA in Canada apply for K1

[waley59 6]

Goodday all, I am a US citizen but my fiancée is studying in Canada, She still has a valid student visa till DEC 2023. I will like to file a k-1 visa for her but I want to be sure If she can go to the US embassy in Canada or she will have to go to the embassy in her home country when the time for interview comes. She is not a Permanent resident of Canada, she is just a student studying there.

[Just Paul 4,595]

She can interview in Canada as long as she is legally present there.

[waley59 6]

9 minutes ago, Paul & Mary said:

She can interview in Canada as long as she is legally present there.

Thanks so much. I just want to make sure before I proceed.

[carmel34 3,631]

19 hours ago, waley59 said:

my fiancée is studying in Canada, She still has a valid student visa till DEC 2023.

File today if you can, the process to get a K-1 visa will likely take more than a year.  If she cannot maintain legal status in Canada after her student visa expires, she will have to return to her home country for the visa interview.

[slavaskii 886]

5 minutes ago, carmel34 said:

File today if you can, the process to get a K-1 visa will likely take more than a year.  If she cannot maintain legal status in Canada after her student visa expires, she will have to return to her home country for the visa interview.

Yeah that’s actually a really important point, there’s a 99% probability their interview will be post December 2023. Current processing will take them into 2024 for the petition alone. OP would rather consider spousal at that point.