Hi,

If I am presently residing in canada but not a citizen and my fiance who is a us citizen files for my k1 visa can I go for my interview there or would I have to go back to my birth country consulate for the interview. Also I was wondering if we got married there in Canada can he just file for my spousal visa in Canada or would i have to go back to my birth country.

You can interview for the K1 visa in your country of residence. A K3 interview would be in the country where the marriage takes place or if married in the US, the country of residence. A CR1 visa would also interview in country of residence.

Thanks for your response, and I wasnt aware of the k3 visa. However I am not a legal resident of canada. would I be able to go for an interview at an embassy there or would i have to go back to my birth country for any of the visas

If you are not a legal resident then there is obviously nothing you can do there legally. The answer is no, you cannot interview in Canada.

Exactly

You'll have to go to your birth country to interview.

Let's not rush to conclusions here. The OP has made two conflicting statements, "I'm residing in Canada" and "I'm not a legal resident of Canada." As such, her status isn't quite clear. She may well (I think probably is) be eligible to interview in Canada.

Just what is the status in Canada? For instance, is she on a student visa, a business visa or work visa of some kind? Is she in the process of obtaining legal permanent residence in Canada. If she can legally remain in Canada for the duration of the process, I suspect she has status enough for Canada to be her "country of residence" for US immigration purposes.

Let's find out.

Obviously, if she's on any kind of valid visa or has a petition in process then she's in Canada legally. I would assume she would know the difference but you're right, Pshbrk.... she may have confused the two.

Ok you have answered my query ...was just wondering if i could do an interview there if i was there and was planning to get married there

And the answer depends on your legal status in Canada. Since you've made conflicting statements on that, you may not have your answer.