Should I be worried?

[Marie0320 0]

I am American, my fiancé is not. He is living in Canada, me in USA, we are going back and forth in a long distance relationship for about 1.5 years now. I cannot provide 3 years of job history as I have not worked (officially, only with family). I am starting a new career next month, in December, and this is where my official job history will begin. My fiancé is on a student visa, it expires the end of next year. His visa is in Canada, not USA, as I mentioned earlier. Will we have enough time to go through the k1 visa process and get married before his visa expires? the more I look into the details, I get more worried. I’m not sure what options we have. I am going to make an appointment with an immigration attorney in January but am hoping I can get some advice or suggestions until then. 

[carmel34 3,620]

8 hours ago, Marie0320 said:

I am American, my fiancé is not. He is living in Canada, me in USA, we are going back and forth in a long distance relationship for about 1.5 years now. I cannot provide 3 years of job history as I have not worked (officially, only with family). I am starting a new career next month, in December, and this is where my official job history will begin. My fiancé is on a student visa, it expires the end of next year. His visa is in Canada, not USA, as I mentioned earlier. Will we have enough time to go through the k1 visa process and get married before his visa expires? the more I look into the details, I get more worried. I’m not sure what options we have. I am going to make an appointment with an immigration attorney in January but am hoping I can get some advice or suggestions until then. 

My suggestions:

1. You have to meet in person at least once in the previous two years to start the K-1 process, which is an I-129F petition.  Long distance, virtual relationships with online chatting are insufficient.  Meeting in person multiple times, getting to know each other, is also common sense before moving forward with any relationship.  You don't want to be a victim of a scam.

2. Processing time varies for K-1, from filing the I-129F petition to the K-1 visa interview.  Montreal has a very long backlog, so plan on 1-2 years.

3.  If his student visa status in Canada expires before the K-1 interview, he will have to go back to his home country for the interview.

4.  He should not overstay his student visa in Canada.

5.  Do more research on K-1 vs CR-1 (spousal visa).  CR-1 has many advantages.  If you choose CR-1, you could travel to Canada to meet in person, and after a few visits, get married in Canada, then begin the spousal visa process, with an I-130 petition.  If he has to go back to his home country before the visa interview, he can do the interview there.

6.  VJ is a DIY resource, and immigration attorneys are not normally needed unless there are complicating factors such as a previous criminal history, misrepresentation, deportation orders, etc.  If your case is straightforward, you can do it yourself.

7.  There are very useful guides for both K-1 and CR-1 options here on VJ.  I suggest that you study them thoroughly before doing anything else.

8.  You will have plenty of time to establish your own income as the primary financial sponsor, because those documents are not needed until after the petition has been adjudicated and approved (6-12 months).  If your income at that point is not enough, you will need a qualified joint financial sponsor.

 

Good luck!

Edited November 3 by carmel34