Do I need to show Canadian ties if I'm under K-1 visa?

[CQ & CS 2]

Hello All, I'm new to this VJ and find this site is very helpful. I'm so grateful to find this site before I make another big mistake. Here is my story:

I met my bf online when I was working in Hong Kong in 2008. I was born in HK and moved to Canada with my family in 1993. I'm a Canadian and my bf is an American. This June 2009 I decided to quit my job in HK and moved back to the North America soil so that I could be closer to my bf and meet him more often. Our original plan was I moved back, then I stayed in US for couple months and then get married. However, things ain't working out as easy as we thought. I have been travelled back and forth US without a returned ticket couple times without any problem. But this time (this week) I was refused entry to the USA for the reasons that a) I did not have a returned ticket; B) they found job resume in my suitcase; c) I have no Canadian ties, ie house, mortgage, bills, rent, job etc. The CBP officer said to me that I needed those evidence in order to let me in and I will need them every time I try to enter USA. So I was sent back to Canada. My problem is that I do not have a house in Canada as I stay with my parents. I'm now at the stage of looking for a job in Canada. And it makes no sense to rent a house without a job.

I talked to my bf and we thought that may be he would petition a K-1 fiance visa in order to get me in. My question is: if my K-1 visa got approved and I am going to USA under K-1 visa, do I still need to show the evidence of Canadian ties? Coz as far as I know, K-1 is a non-immigrant visa and as long as it is a non-immigrant visa you need to show ties to your home country.

Please help us. Thanks!

[Otto 83]

if my K-1 visa got approved and I am going to USA under K-1 visa, do I still need to show the evidence of Canadian ties? No.

Coz as far as I know, K-1 is a non-immigrant visa and as long as it is a non-immigrant visa you need to show ties to your home country.

K-1 is a non-immigrant visa with immigrant intent (sounds silly but it is what it is). They know you intend to remain in the US. I presume your intentions are to get married yes?

[Stephen + Elisha 92]

A K-1 fiance visa is technically a nonimmigrant visa. But the stated purpose of entry under the visa is to marry the US citizen petitioner within 90 days of entry and adjust status on that basis to lawful permanent resident. It is a nonimmigrant visa insofar as no legal basis for immigration exists yet, i.e., at the time of entry. But it anticipates immigration, and so requires many of the same procedures and processing as an immigrant visa.

In short, a K-1 is not really the right choice for you if you just want to come visit. A K-1 is to come here, get married, and file for a green card.

[baron555 934]

A K-1 fiance visa is technically a nonimmigrant visa. But the stated purpose of entry under the visa is to marry the US citizen petitioner within 90 days of entry and adjust status on that basis to lawful permanent resident. It is a nonimmigrant visa insofar as no legal basis for immigration exists yet, i.e., at the time of entry. But it anticipates immigration, and so requires many of the same procedures and processing as an immigrant visa.

In short, a K-1 is not really the right choice for you if you just want to come visit. A K-1 is to come here, get married, and file for a green card.

Actually I think the K-1 is really what you want.....if that is to move to the US, marry your BF, and then stay with him permanently here in the US.

[CQ & CS 2]

A K-1 fiance visa is technically a nonimmigrant visa. But the stated purpose of entry under the visa is to marry the US citizen petitioner within 90 days of entry and adjust status on that basis to lawful permanent resident. It is a nonimmigrant visa insofar as no legal basis for immigration exists yet, i.e., at the time of entry. But it anticipates immigration, and so requires many of the same procedures and processing as an immigrant visa.

In short, a K-1 is not really the right choice for you if you just want to come visit. A K-1 is to come here, get married, and file for a green card.

Actually I think the K-1 is really what you want.....if that is to move to the US, marry your BF, and then stay with him permanently here in the US.

Yes marrying each other is what we alway want just that now we are speeding up our plan as we originally wanted to spend more time together knowing each other and get marry. Now our plan might be he visits me more frequently and file a petition meanwhile then move the US when I get my K-1 and get marry. Thanks all for you prompt replies. I was terrified by those CBP and that ties to home country things.

[Kathryn41 3,205]

Yes, a K-1 is the proper process for you to follow. It is a non-immigrant visa with immigrant intent. Once you arrive in the US you need to complete the immigration process by filing to adjust status to an immigrant (AOS). While you don't need to show ties to Canada when entering the US on a K-1 visa (it is expected that you have severed your ties at that time), you will still need to show ties if you wish to visit your fiance in the US during the process. Being denied entry for not having sufficient proof of ties will have no impact on your K-1 visa, but unless you can show evidence for the border, you might find that your fiance will have to visit you in Canada during the K-1 process. Good luck.

[Carlawarla 1]

Unfortunately, many Canadians have been given extra scrutiny at the border lately. You WILL have to show ties to Canada, even if you apply for a K-1. Once you've US citizen fiance has sent in the package to USCIS, he'll be given a notice of receipt, and he should send you this copy so that you can show it when crossing if questioned. Other ties you might want to consider is a letter from you parents, they probably don't have to be identified as your parents, indicating you're renting from them, and the amount. Make sure, only because it might be needed for extra scrutiny, a return ticket. Do you have credit card statements? Bank statements? That might help, showing an address, and financial ties to Canada until you're working. Register at perhaps a temp agency, and bring proof of that in the interm for employment purposes. You might have appointment letters or reminder slips from a Doctor or Dentist showing upcoming appointments? I'm grasping here, but I do think you're going to have increased problems crossing until you have some documentation showing ties to Canada, particularly if they have entered something in the computer showing this has been an issue already.

Best of luck!

You may also be interested in joining us in the Canada Forum. Here's the link. Additional links, and one is actually on evidence of ties to Canada is in the second link posted.

http://www.visajourney.com/forums/index.php?showforum=93

http://www.visajourney.com/forums/index.php?showtopic=191858

[Stephen + Elisha 92]

Unfortunately, many Canadians have been given extra scrutiny at the border lately. You WILL have to show ties to Canada, even if you apply for a K-1. Once you've US citizen fiance has sent in the package to USCIS, he'll be given a notice of receipt, and he should send you this copy so that you can show it when crossing if questioned. Other ties you might want to consider is a letter from you parents, they probably don't have to be identified as your parents, indicating you're renting from them, and the amount. Make sure, only because it might be needed for extra scrutiny, a return ticket. Do you have credit card statements? Bank statements? That might help, showing an address, and financial ties to Canada until you're working. Register at perhaps a temp agency, and bring proof of that in the interm for employment purposes. You might have appointment letters or reminder slips from a Doctor or Dentist showing upcoming appointments? I'm grasping here, but I do think you're going to have increased problems crossing until you have some documentation showing ties to Canada, particularly if they have entered something in the computer showing this has been an issue already.

This is all true—for a Canadian visiting the US without a visa during the K-1 petition and application process.

The OP's question, however, was whether she would have to show ties to Canada if her K-1 was approved and she was entering the US on a K-1 visa. The answer to that question, as several others have correctly stated is no—while the K-1 is technically a nonimmigrant visa, it has immigrant intent and therefore requires no demonstration of ties to the "home" country.

The OP should be mindful of the other conditions of the K-1 visa: it allows a single entry to the United States for the purpose of marriage to the US citizen petitioner and adjustment of status. If she gets the K-1 and enters the US, she must marry, file for adjustment of status, and receive either the green card or an advance parole travel document before returning to Canada. If she returns to Canada at any point prior to receiving the GC/AP, she forfeits her status and has to start over with the CR-1 (and optionally K-3) process. She should know going in that the K-1 will mean a significant period of time where she won't be able to travel back and forth between the US and Canada. If that ability is important to her, then she and her SO should explore the CR-1 and K-3 routes.

Edited October 23, 2009 by Stephen + Elisha