Canadian applying for K3 while in the states

[scarred 0]

Hello, everyone. It'd be greatly appreciated if someone could answer a few questions for me. Thank You.

My fiance is a us citizen and I am Canadian. Is it possible for us to get married in the states and apply for a K3 visa while i'm there on my 6 month visiting visa? And if the process is not completed by the end of the 6 months then I will return to Canda and wait there for the remainder of the time.

[Reba 2]

Yes you can, but you have to make sure to leave at the end of your allowed 6 months. That's what I did a few years ago. I ended up back home for another 7 months.

[scarred 0]

Yes you can, but you have to make sure to leave at the end of your allowed 6 months. That's what I did a few years ago. I ended up back home for another 7 months.

Thanks for answering my question! I was always under the impression that it took 6-9 months max to get a K3 visa. Is there any reason why yours took so long? Or is that normal?

[Ling Ling 22]

Yes you can, but you have to make sure to leave at the end of your allowed 6 months. That's what I did a few years ago. I ended up back home for another 7 months.

Thanks for answering my question! I was always under the impression that it took 6-9 months max to get a K3 visa. Is there any reason why yours took so long? Or is that normal?

While there are far too many of our community that have been waiting nearly a year or more for K-3 and/or CR-1 petitions,

We are currently (and unfairly) we're seeing new (as in July and August filings) K-3 and CR-1 petitions being approved in as little as 21 days.

The NVC process is going rather quickly as well, with most VJ applicants being issued visas in less than 6 weeks.

Now is a good time for you to have a look at the Guides (linked in the tabs at the top of this page) and to browse the forums.

Note that a K-3 or CR-1 will require a return to Canada for the final interview and visa issuance. However, there may also be an option of doing an Adjustment of Status

from your tourist visa to a CR-1. That said, the AOS may take longer than going the K-3/CR-1 route, and the AOS could be riskier.

Anytime you attempt an AOS from a tourist visa, you risk being accused of fraud. That is, it's fraudulent to enter the US on a non-immigrant

visa, with the intent to immigrate. The burden of proving that there was no fraudulent intent is on the applicant, and the risk is being banned

from the USA.

Good luck on your journey.

[pushbrk 12,106]

Hello, everyone. It'd be greatly appreciated if someone could answer a few questions for me. Thank You.

My fiance is a us citizen and I am Canadian. Is it possible for us to get married in the states and apply for a K3 visa while i'm there on my 6 month visiting visa? And if the process is not completed by the end of the 6 months then I will return to Canda and wait there for the remainder of the time.

Your USC spouse can file a petition regardless of whether you are presently visiting the US. However, you may not apply for a K3 visa from the US. The two are not the same thing. You may visit the US for as long a stay as you are granted. You'll need to be back in Candada to receive the P3 and "apply for the K3 visa" at Vancouver or Montreal, as applicable.

[antda 13]

Hi Scarred,

It's not illegal that you came to the US and get married while you were down here for a visit from Canada. As long as you came here WITHOUT the intention to get married in the first place on your visit and not do this as to avoid and/or break immigration laws, then it's fine and legal to do.

I was in a similar situation before too, as I came over to visit my boyfriend (now husband), on a tourist visa from Canada, and then ended up getting married here in the USA. And yes, I did get approved and got my green card afterwards. For more information on my sitation, see my VJ timeline (the link can be found on my signature).

The next steps for you are:

1) DO NOT LEAVE THE USA AND DO NOT RETURN TO CANADA until your case has been fully approved, otherwise your case will be abandonded and you will run into the risk of never being able to come back to the ever USA again.

2) File the following paperwork. It's not the K3 Visa, instead it is an Adjustment of Status from a Visitor's Visa, which you then file: I-130 (Petiton for Family Member), I-485 (Adjustment of Status/AOS), I-864 (Affidavit of Support), I-765 and I-131 (Employment Authorization and Advanced Parole, both are optional), and the I-693 (or was it some other number, I can't remember exactly) medical forms.

3) Hire a good immigration lawyer, if you run into any more problems, and/or if you are totally unsure about your situation.

Hope this helps. Good luck with your immigration journey.

Ant (Visited, Married, Immigrated, Living Happily Ever After In The USA...)

Hello, everyone. It'd be greatly appreciated if someone could answer a few questions for me. Thank You.

My fiance is a us citizen and I am Canadian. Is it possible for us to get married in the states and apply for a K3 visa while i'm there on my 6 month visiting visa? And if the process is not completed by the end of the 6 months then I will return to Canda and wait there for the remainder of the time.

Edited August 31, 2008 by AntandD

[pushbrk 12,106]

For the zillionteenth time, there is no issue with "intending to marry". The issue is ingtending to marry and immigrate based on that marriage. The caveat is that telling a CBP officer you're coming for your wedding, is not going to fly. Even when a marriage/wedding is the key agenda item during a visit it is not the whole purpose of the (for instance) six month visit to the USA. It's adviseable to provide a truthful but less specific answer when asked "What is the purpose of your visit?" Even a honeymoon is a form of "vacation" and surely there will be some "visiting friends and family" going on.

Hi Scarred,

It's not illegal that you came to the US and get married while you were down here for a visit from Canada. As long as you came here WITHOUT the intention to get married in the first place on your visit and not do this as to avoid and/or break immigration laws, then it's fine and legal to do.

I was in a similar situation before too, as I came over to visit my boyfriend (now husband), on a tourist visa from Canada, and then ended up getting married here in the USA. And yes, I did get approved and got my green card afterwards. For more information on my sitation, see my VJ timeline (the link can be found on my signature).

The next steps for you are:

1) DO NOT LEAVE THE USA AND DO NOT RETURN TO CANADA until your case has been fully approved, otherwise your case will be abandonded and you will run into the risk of never being able to come back to the ever USA again.

2) File the following paperwork. It's not the K3 Visa, instead it is an Adjustment of Status from a Visitor's Visa, which you then file: I-130 (Petiton for Family Member), I-485 (Adjustment of Status/AOS), I-864 (Affidavit of Support), I-765 and I-131 (Employment Authorization and Advanced Parole, both are optional), and the I-693 (or was it some other number, I can't remember exactly) medical forms.

3) Hire a good immigration lawyer, if you run into any more problems, and/or if you are totally unsure about your situation.

Hope this helps. Good luck with your immigration journey.

Ant (Visited, Married, Immigrated, Living Happily Ever After In The USA...)

Hello, everyone. It'd be greatly appreciated if someone could answer a few questions for me. Thank You.

My fiance is a us citizen and I am Canadian. Is it possible for us to get married in the states and apply for a K3 visa while i'm there on my 6 month visiting visa? And if the process is not completed by the end of the 6 months then I will return to Canda and wait there for the remainder of the time.

[Reba 2]

We don't know what the OPs intent was when they entered the US. IF the intent was to get married, and then stay for the allowed 6 months, and she/he quit her/his job and gave up the abode etc etc etc, then proving to an IO at interview time that there was no intent will be rather difficult, and he/she will be deported and barred from re-entry.

If the intent was there to get married and there is no proof there was no intent to stay, then returning to Canada is the safest bet.

If there was no intent to get married and stay, And There Is Proof, then sure, stay to AOS.

To the OP, mine took so long because at the time (which is over 4 years ago now), that's how long it took. Plus, USCIS lost our file a couple of times. And then a couple times more after I got here

If I were to do it all over again at this time, with current processing times I wouldn't even bother with a K3, I'd just go with the CR1.

[filirican 3]

goodluck!

[Flames9_RN 358]

Man Canucks come to the USA, get married and go back home,thats what we did!! Depending on where u are in Canada, you might be better off just going the CR-1 route. If you live Manitoba and west, ur K3 would go through vancouver, and they can be a bit faster than a K3 montreal'er. ALL Canadian cr-1 go to Montreal. Nothing is straight forward when it comes to figuring timeliness,lol could take anywhere form 6 months to over a year, which adds to the frustration! You can have two couple start at the exact same time, go through the same service centres, yet finish months apart!!! Best of luck

[pushbrk 12,106]

We don't know what the OPs intent was when they entered the US. IF the intent was to get married, and then stay for the allowed 6 months, and she/he quit her/his job and gave up the abode etc etc etc, then proving to an IO at interview time that there was no intent will be rather difficult, and he/she will be deported and barred from re-entry.

If the intent was there to get married and there is no proof there was no intent to stay, then returning to Canada is the safest bet.

If there was no intent to get married and stay, And There Is Proof, then sure, stay to AOS.

To the OP, mine took so long because at the time (which is over 4 years ago now), that's how long it took. Plus, USCIS lost our file a couple of times. And then a couple times more after I got here

If I were to do it all over again at this time, with current processing times I wouldn't even bother with a K3, I'd just go with the CR1.

The OP asked about the K3 visa process, not AOS. If granted a six month stay, intent to marry is of no consequence but they must return to Canada before the granted stay expires and, of course, have a medical and visa interview in Canada.

[scarred 0]

Thank You all for answering my questions and addressing my concerns. I really appreciate it.

While there are far too many of our community that have been waiting nearly a year or more for K-3 and/or CR-1 petitions,

We are currently (and unfairly) we're seeing new (as in July and August filings) K-3 and CR-1 petitions being approved in as little as 21 days.

The NVC process is going rather quickly as well, with most VJ applicants being issued visas in less than 6 weeks.

Good luck on your journey.

That sounds rather promising. Thank you. I'm not intending on doing AOS or anything like that. I do not want to risk screwing everything up. I merely want to be with him while the process is in progress.

Your USC spouse can file a petition regardless of whether you are presently visiting the US. However, you may not apply for a K3 visa from the US. The two are not the same thing. You may visit the US for as long a stay as you are granted. You'll need to be back in Candada to receive the P3 and "apply for the K3 visa" at Vancouver or Montreal, as applicable.

Does "applying for the visa" mean visiting the actual embassy premises?

Hi Scarred,

It's not illegal that you came to the US and get married while you were down here for a visit from Canada. As long as you came here WITHOUT the intention to get married in the first place on your visit and not do this as to avoid and/or break immigration laws, then it's fine and legal to do.

I was in a similar situation before too, as I came over to visit my boyfriend (now husband), on a tourist visa from Canada, and then ended up getting married here in the USA. And yes, I did get approved and got my green card afterwards. For more information on my sitation, see my VJ timeline (the link can be found on my signature).

The next steps for you are:

1) DO NOT LEAVE THE USA AND DO NOT RETURN TO CANADA until your case has been fully approved, otherwise your case will be abandonded and you will run into the risk of never being able to come back to the ever USA again.

2) File the following paperwork. It's not the K3 Visa, instead it is an Adjustment of Status from a Visitor's Visa, which you then file: I-130 (Petiton for Family Member), I-485 (Adjustment of Status/AOS), I-864 (Affidavit of Support), I-765 and I-131 (Employment Authorization and Advanced Parole, both are optional), and the I-693 (or was it some other number, I can't remember exactly) medical forms.

3) Hire a good immigration lawyer, if you run into any more problems, and/or if you are totally unsure about your situation.

Hope this helps. Good luck with your immigration journey.

Ant (Visited, Married, Immigrated, Living Happily Ever After In The USA...)

Congrats on getting approved! I do not intend to apply for AOS at all. Nor do I intend on filing out any paperwork myself. We will be hiring an immigration lawyer. I'm just conducting my own reasearch so i'm more informed before we contact a lawyer.

For the zillionteenth time, there is no issue with "intending to marry". The issue is ingtending to marry and immigrate based on that marriage. The caveat is that telling a CBP officer you're coming for your wedding, is not going to fly. Even when a marriage/wedding is the key agenda item during a visit it is not the whole purpose of the (for instance) six month visit to the USA. It's adviseable to provide a truthful but less specific answer when asked "What is the purpose of your visit?" Even a honeymoon is a form of "vacation" and surely there will be some "visiting friends and family" going on.

Yes. That is exactly what I mean. I DO NOT intend to apply for AOS. And thank you for tip I bolded, I will definitely keep that in mind!

If I were to do it all over again at this time, with current processing times I wouldn't even bother with a K3, I'd just go with the CR1.

Hmmm. I hadn't considered CR1 before this post, but i'm looking into it now and I might just take that route. Thank You!

goodluck!

Thank You!

Man Canucks come to the USA, get married and go back home,thats what we did!! Depending on where u are in Canada, you might be better off just going the CR-1 route. If you live Manitoba and west, ur K3 would go through vancouver, and they can be a bit faster than a K3 montreal'er. ALL Canadian cr-1 go to Montreal. Nothing is straight forward when it comes to figuring timeliness,lol could take anywhere form 6 months to over a year, which adds to the frustration! You can have two couple start at the exact same time, go through the same service centres, yet finish months apart!!! Best of luck

Hmm, looks like my K3 would go through Montreal. Oh well. Looking into CR1 now though.

The OP asked about the K3 visa process, not AOS. If granted a six month stay, intent to marry is of no consequence but they must return to Canada before the granted stay expires and, of course, have a medical and visa interview in Canada.

Snap.

[Reba 2]

ugh, don't hire a lawyer unless you have a criminal conviction record that would require a waiver to be filed. They really are just a waste of money for a straightforward spousal application. In most cases (have a look around here, I'm sure you'll find a few horror stories) they hinder more than help!

You can't apply for the visa until your spouse's petition has been approved and sent on to the consulate in Canada. Its just semantics and terminology really. The lifers here tend to get picky sometimes.

If you decide to do the CR1 instead of the K3 (superior visa really, and costs a lot less money), your spouse will send in the I-130 petition along with accompanying documents (see the guides and example forms here at VJ). When the petiiton is approved, he'll get the approval notice and instructions on what to do next, with the affidavit of support and a bunch of other stuff. After that stuff is done, then you'll get your package of stuff from the Montreal consulate with instructions on what yoiu need to do in order to schedule your interview appointment.

You really can do this yourselves, save yourself the heartache and the money, spend it on something fun like a honeymoon, or a new couch.

[scarred 0]

Thanks for the input, Reba, you've been very helpful.

One reason my fiance wants to go with a lawyer is because he was recently divorced. What makes it more complicated is that his ex-wife was from overseas, and he had filed for an immigration petition for her in 2006 - it took her over a year for her to get her visa, & they ultimately wound up getting divorced without her ever coming to the States. The divorce wasn't finalized until June of this year. Do you know if that would complicate matters any, and if so, how? What would be the best way to avoid any complications in such a scenario, with or without a lawyer?

Thanks again for your help!

[pushbrk 12,106]

Thanks for the input, Reba, you've been very helpful.

One reason my fiance wants to go with a lawyer is because he was recently divorced. What makes it more complicated is that his ex-wife was from overseas, and he had filed for an immigration petition for her in 2006 - it took her over a year for her to get her visa, & they ultimately wound up getting divorced without her ever coming to the States. The divorce wasn't finalized until June of this year. Do you know if that would complicate matters any, and if so, how? What would be the best way to avoid any complications in such a scenario, with or without a lawyer?

Thanks again for your help!

The right lawyer will probably be a help in such a situation and our advice would be iffy without knowing the details. Just make sure the lawyer appears to understand the issues and that they outline to you a clear plan to deal with them.