US Immigration from Canada

Hi,

Are there any residency requirements for the american petitioner for the k1 visa? My fiance happened to be here in March when the border closed and his work went remote so he's been here about 6 months. He still has his apartment in the US and is still at the same US job, he's just been in Canada for a while. Does anyone know if there is any risk to him staying in Canada? I'm hoping I will have my interview rescheduled in late October and to move by November so he would stay here so we could move together but I'm a little worried about that causing any concern at our interview.

He's applied for an extension from the Canadian government so he's allowed to be here while we wait for my visa. I could bring a copy of that application as well where we had to prove he still had his american job and is paying for his US apartment, bills and had the intent to leave once I received my visa.

Hi everyone,

I am a K1 visa beneficiary and supposed to return to school in US from leave of absence next spring. However, I am still awaiting NOA2 and based on the current timeline it seems like I may not be able to obtain K1 visa before returning to school . I was wondering if the double application for the two visas (F1, K1) would be allowed.

Thank you for all the help!!

Hello everyone,

I have already applied for a K1 visa for my fianc e and due to covid 19, they have not yet sent my application to Canada. We were supposed to also get married this past August but due to the Covid 19 cases being so high in the US I was not granted access to travel. On the other hand my Fiancee is allowed to come into the United States. I was wondering how it might affect my case if she was to come into the united states and we get married. Would that just make my case longer? anyone with information to clarify would be much appreciated. thank you

My fianc and I are waiting for his K1 interview at the Montreal Embassy. He was previously here on a J1 visa from September-December 2018 but hasn t spent the entire 2 years in Canada due to him being a student in the UK from January-June 2019. We re almost 100% sure he isn t subject to the 2 year Home residency requirement because Canada isn t on the skills list, he didn t receive graduate medical training, and his program was 100% funded by his parents and it says personal funding on his DS-2019 which we plan to bring to the interview. Unfortunately he doesn t have his J1 visa because the consular officers at the border took his visa (apparently that s what they do with Canadians) and his DS-2019 isn t marked either. I m still very paranoid that he ll be denied due to the 2 year rule and was wondering when in the K1 process they look at that? Do they look at the K1 interview or during adjustment of status? I ve heard different things about when they would check? And how would they check? Do they have a copy of his J1 visa? Will they ask for his DS-2019 and make a determination there? What if his J1 visa wrongly states he s subject as what I ve seen with many people? How could they make a determination based on that?

When I filed the I-129F, it was pre-Covid and I selected India - Mumbai as the site for the K1 interview for my fiance. When we filled out the D-160 we once again requested it for Mumbai. She is an Indian citizen which is why we had chosen Mumbai as the interview site; however, she is in Canada for the past few years and is there now on her work permit. Is it possible to have the paperwork sent from the NVC (it is still there due to the Covid delay) to Canada instead of India? The Canadian K1 process seems to be restarting while there is no idea when India will reopen.

If it is still possible to change the interview site, would she even be allowed to interview in Canada as she is not a Canadian citizen or have Canadian PR.