Can my fiance file for k-1 while in canada?

[afernandez 0]

Hi there...

Me and my have been dating for almost 2 years, we met in college but he know lives in PA and I live in Toronto. He is a us citizen and I am a candian citizen, he maybe coming to Canada under a temporary work permit and I was wondering if we were able to file for a k-1 or k-3 visa from canada while he's here on his work permit. Since we want to move to the US in the future, is this something that isn't possible at all? if anyone out there could help it would be greatly appreciated.

Thanks Andy.

[payxibka 10,048]

sure (must maintain or re-establish a US domicile )... I would also suggest looking at a direct filed (with the consulate in Canada) I-130 petition for an immigrant visa (IR/CR) when the time comes. A USC is eligible for this after 6 mos. of legal residence in the foreign country.

K-3 is about obsolete so you may wish not to go this route.

[Kathryn41 3,205]

To add to what payxkiba wrote:

If your US citizen fiancee will have legal residency status (temporary is fine) in Canada through some sort of a visa and will be in Canada for more than 6 months, then you may consider getting married and applying for the CR-1 immigrant visa using the DCF (Direct Consular Filing) option. Your 'husband' would have to show that his residency in Canada is temporary and that he has maintained permanent residency ties in the US, ie. a home (lease or mortgage), employment, Driver's license, etc. That is called proving 'domicile'. When the visa was approved, you would then be allowed to move to the US to live and obtain a Green card (permanent residence status) when you cross the border using the visa. You can't start this process, however, until you are married.

If you don't wish to get married yet, your fiance can file for a K-1 visa at any time. He will need to maintain a US address for the filing and you would not be able to get married until after you get the visa and move to the US. You must then get married within 90 days. As your status in the US is only valid for 90 days you then apply to adjust your status from non-immigrant fiance to permanent resident in order to obtain your green card.

The K-3 visa is obsolete - it was set up to allow foreign spouses to enter the US faster when the CR-1 visas were taking so long. Now they take about the same length of time and you still are only partway through the immigration process with the K-3 and need to do more when you get to the US.

You might want to read up on both of these processes in the Guides posted at the top of the page to determine which one is the best fit for the two of you.

You may also want to stop in at the Canada Regional Forum to meet many other Canadian/American couples who are going through the immigration process as well. They are always able to answer lots of questions and give advice based upon their personal experiences in cross-border Canada-US relationships.

Edited February 8, 2010 by Kathryn41

[afernandez 0]

Thank you for answering I will read up on both processes and probably post another question soon since I am still new to all this information thank you again

To add to what payxkiba wrote:

If your US citizen fiancee will have legal residency status (temporary is fine) in Canada through some sort of a visa and will be in Canada for more than 6 months, then you may consider getting married and applying for the CR-1 immigrant visa using the DCF (Direct Consular Filing) option. Your 'husband' would have to show that his residency in Canada is temporary and that he has maintained permanent residency ties in the US, ie. a home (lease or mortgage), employment, Driver's license, etc. That is called proving 'domicile'. When the visa was approved, you would then be allowed to move to the US to live and obtain a Green card (permanent residence status) when you cross the border using the visa. You can't start this process, however, until you are married.

If you don't wish to get married yet, your fiance can file for a K-1 visa at any time. He will need to maintain a US address for the filing and you would not be able to get married until after you get the visa and move to the US. You must then get married within 90 days. As your status in the US is only valid for 90 days you then apply to adjust your status from non-immigrant fiance to permanent resident in order to obtain your green card.

The K-3 visa is obsolete - it was set up to allow foreign spouses to enter the US faster when the CR-1 visas were taking so long. Now they take about the same length of time and you still are only partway through the immigration process with the K-3 and need to do more when you get to the US.

You might want to read up on both of these processes in the Guides posted at the top of the page to determine which one is the best fit for the two of you.

You may also want to stop in at the Canada Regional Forum to meet many other Canadian/American couples who are going through the immigration process as well. They are always able to answer lots of questions and give advice based upon their personal experiences in cross-border Canada-US relationships.