Going the K-1 Route – Questions About Processing Times & Other Factors

[Unfiltoons 2]

Hey everyone,

My fiancée (Canadian citizen) and I (US citizen, California) are planning to go the K-1 visa route so she can move to California, and we can legally marry here. We want to get a better idea of what to expect and would love to hear from people who’ve been through the process recently.

 

Our Plans:

• We’re about to be and planning a cultural engagement ceremony in Canada in a few months, but this won’t be our marriage, neither culturally nor legally.

 

• After the ceremony, she’ll move to the U.S. on a tourist visa to stay with me for some months.

 

• We plan to have our legal marriage in California within the 90-day requirement once the K-1 is issued.

 

• She doesn’t mind not working or going to school for a couple of years, and I have enough income to support us both meanwhile, so that won’t be an issue.

 

• Our goal is to be together in the U.S. as soon and as fast possible, while making sure everything is done the right way.

 

A Few Questions:

 

1. Tourist Visa Stay – Since my fiancée plans to visit the U.S. on a tourist visa while waiting for the K-1, could this cause issues at immigration or during K-1 processing? What are the best practices to ensure a smooth entry and make the most of the time we can legally live together while she’s on a tourist visa?

 

2. Cultural Ceremony Impact – We’re having a cultural engagement party in Canada, not a legal marriage. Could USCIS or the consulate misinterpret this and complicate the K-1 process?

 

3. Canada-Specific Processing – Have there been any recent delays or issues with K-1 processing for Canadians due to political tensions or embassy backlogs?

 

4. Consulate Interview Experience – What’s the current interview process like at the U.S. embassy in Canada? Any trends in approval rates or common concerns?

 

5. California-Specific Processing – Does living in California impact any part of the K-1 timeline, such as processing speed or AOS wait times after marriage?

 

Appreciate any insights—thanks in advance!

[wildbug100420 200]

15 minutes ago, Unfiltoons said:

 

Hey everyone,

My fiancée (Canadian citizen) and I (US citizen, California) are planning to go the K-1 visa route so she can move to California, and we can legally marry here. We want to get a better idea of what to expect and would love to hear from people who’ve been through the process recently.

 

Our Plans:

• We’re about to be and planning a cultural engagement ceremony in Canada in a few months, but this won’t be our marriage, neither culturally nor legally.

 

• After the ceremony, she’ll move to the U.S. on a tourist visa to stay with me for some months.

 

• We plan to have our legal marriage in California within the 90-day requirement once the K-1 is issued.

 

• She doesn’t mind not working or going to school for a couple of years, and I have enough income to support us both meanwhile, so that won’t be an issue.

 

• Our goal is to be together in the U.S. as soon and as fast possible, while making sure everything is done the right way.

 

A Few Questions:

 

1. Tourist Visa Stay – Since my fiancée plans to visit the U.S. on a tourist visa while waiting for the K-1, could this cause issues at immigration or during K-1 processing? What are the best practices to ensure a smooth entry and make the most of the time we can legally live together while she’s on a tourist visa?

 

2. Cultural Ceremony Impact – We’re having a cultural engagement party in Canada, not a legal marriage. Could USCIS or the consulate misinterpret this and complicate the K-1 process?

 

3. Canada-Specific Processing – Have there been any recent delays or issues with K-1 processing for Canadians due to political tensions or embassy backlogs?

 

4. Consulate Interview Experience – What’s the current interview process like at the U.S. embassy in Canada? Any trends in approval rates or common concerns?

 

5. California-Specific Processing – Does living in California impact any part of the K-1 timeline, such as processing speed or AOS wait times after marriage?

 

Appreciate any insights—thanks in advance!

Is your significant other a Canadian citizen? Why are you inquiring about tourist visa. Canada gets 6 months but would not use all at once 

[MalloryCat 383]

have you considered going the spousal visa route?

timeline isn't much different than K1 right now.

 

[OldUser 8,068]

1. Every entry is CBP officer discretion.

2. Why not just marry and do CR-1?

3. Canada is slower in the last several years

4. Can't comment

5. No. All K-1s are processed at same service center regardless of location in the US.

[appleblossom 3,400]

1 hour ago, Unfiltoons said:

 

 

1. Tourist Visa Stay – Since my fiancée plans to visit the U.S. on a tourist visa while waiting for the K-1, could this cause issues at immigration or during K-1 processing? What are the best practices to ensure a smooth entry and make the most of the time we can legally live together while she’s on a tourist visa?

 

 

She can visit, but remember that she cannot enter on a visitor visa if her actual intention is to stay in the US permanently. That’s immigration fraud. I’m sure you just meant she’ll be visiting for a while before returning to Canada to finish the rest of the K1 application process, but I'd suggest you don’t use terms like ‘live together’ with immigration when she enters. Make it really clear she’s only visiting and take proof she’ll return to Canada.

 

As for no. 2, yes it could be an issue - have a hunt around the forums to see why. You call it an engagement party (which is fine) but also a ‘ceremony’, which may not be. 

 

Good luck. 

Edited Saturday at 10:21 PM by appleblossom

[Rachel n Tyler 149]

To answer 2. Yes, yes it can. It's not recommended to do ANY type of ceremony that can be confused as a wedding, they can deny you

[Unfiltoons 2]

2 hours ago, MalloryCat said:

have you considered going the spousal visa route?

timeline isn't much different than K1 right now.

 

It’s about a year longer. For our relationship, the sooner we can permanently live together, the better.

[Unfiltoons 2]

1 hour ago, appleblossom said:

 

She can visit, but remember that she cannot enter on a visitor visa if her actual intention is to stay in the US permanently. That’s immigration fraud. I’m sure you just meant she’ll be visiting for a while before returning to Canada to finish the rest of the K1 application process, but I'd suggest you don’t use terms like ‘live together’ with immigration when she enters. Make it really clear she’s only visiting and take proof she’ll return to Canada.

 

As for no. 2, yes it could be an issue - have a hunt around the forums to see why. You call it an engagement party (which is fine) but also a ‘ceremony’, which may not be. 

 

Good luck. 

Yes and she’s made the trip here multiple times before we even got to know each other as her sister lives here, just an hour drive from me in fact. 

[Unfiltoons 2]

2 hours ago, OldUser said:

1. Every entry is CBP officer discretion.

2. Why not just marry and do CR-1?

3. Canada is slower in the last several years

4. Can't comment

5. No. All K-1s are processed at same service center regardless of location in the US.

We would do CR-1 but that visa could potentially take a year longer to process.

[Rachel n Tyler 149]

4 minutes ago, Unfiltoons said:

It’s about a year longer. For our relationship, the sooner we can permanently live together, the better.

There are definitely benefits to the CR-1. Our lovely mod Crazy Cat has made a list. It's a year old, so maybe people have more to add.

 

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 K-1 might be a better choice when 18-21 year old children are immigrating also
    In some situations, marriage can affect certain Home country benefits, making a K-1 a better choice   
    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.

[OldUser 8,068]

2 hours ago, Unfiltoons said:

We would do CR-1 but that visa could potentially take a year longer to process.

AOS after K-1 takes a year or so to process. I-129F can expire, but I-130 shouldn't. 

Edited Sunday at 03:01 AM by OldUser