Question and guidance

[canadianagirl 0]

Hi there - i am a canadian involved with an American and our next step is to try and figure out what is the best way for us to be together. He is in the process of finalizing a divorce and i am single 100%.

Sooo much information out there and not sure what is the best.

Is the best thing to do - to wait until his divorce is final and then apply for K1 - but this could take a long time.

If i was to go there for an extended period of time - and then apply for the K1 visa - is that a better option.

Just feel like this is an insurmountable task and not really sure where to begin!

[gwenneh 7]

There's really no intermediate answer to this. You cannot apply for a K-1 until the divorce is final as all parties must be free to marry.

You could *try* coming to the US for as long as a Canadian is allowed; however, you would still need to return home to get the proper visa when you're eligible to apply. The K-1 process is outlined in the guides above and you can get an idea of the timeframe by looking at the timelines - so make use of the tools on the site.

Sad to say, there is no quick-and-easy way to do this; particularly if you have to wait for a divorce.

[mox 298]

Hi there - i am a canadian involved with an American and our next step is to try and figure out what is the best way for us to be together. He is in the process of finalizing a divorce and i am single 100%.

Sooo much information out there and not sure what is the best.

Is the best thing to do - to wait until his divorce is final and then apply for K1 - but this could take a long time.

If i was to go there for an extended period of time - and then apply for the K1 visa - is that a better option.

Just feel like this is an insurmountable task and not really sure where to begin!

Well, you obviously know he can't file the K-1 until his divorce is final. So figure out when it will be final, and then add about 6 months to that.

Your other solution, to visit for "an extended period of time" is fine, but you absolutely need to make sure you don't overstay your visit.

There's also the K-3 route. Check out the guides and try to decide what's right for you.

[~Nini~ 2]

Is the best thing to do - to wait until his divorce is final and then apply for K1 - but this could take a long time.

If i was to go there for an extended period of time - and then apply for the K1 visa - is that a better option.

As moxcamel mentioned, you can't file for the I-129F (k1 visa) until his divorce is final. You also aren't able to file for the K1 and stay throughout the entire process as you'll have to have your consulate interview in Canada. Canadians can usually stay between three and six months in the US, but it's best to bring proof of ties to the home country in case the border officer suspects that you have intent to stay permanently in the US.

I'd definitely read through the guides and see which option is better for you. Both the K1 and K3 visas take roughly the same amount of time to process, and they have their advantages and disadvantages.

Good luck!

[Jason-Sasha 1]

I think the waiting for a divorce could be even worse than the USCIS wait. My divorce took a very long time.