K-1 VS. R-1 Visas

[mattfromcanadaeh 0]

Okay, so before I met my fiance I had applied for an R-1 Visa (religious worker - I'm an organist). Then we applied for K-1. While the R-1 was taking forever and they were requesting evidence, etc... we were approved for K-1.

Now we're waiting for an appointment in Montreal and I get an approval notice for R-1 good through 2012.

Can we cancel the K-1 and just get married while I'm here on the R-1 or should we continue our process through the K-1 (interview, medical, etc)?

Should I get a lawyer's advice?

[raymaga 25]

I would DEFINITELY get some legal advice on what you should do.

I wouldn't cancel either one of them, and would perhaps try to schedule an InfoPass appointment at your local USCIS office to ask their opinion too.

Good luck.

[canadian_wife 1,823]

Here's my concern. An R visa is a non-immigrant visa. It will be difficult to prove you don't have immigrant intent when engaged to a USC (which they will know at the interview regardless if you cancel the K petition or not). Secondly, using a non-immigrant visa, like a R visa, when you have intent to marry a US citizen (as evidenced by the fact you filed a K visa) is visa fraud and can result in a lifetime ban.

I'd wait out the K-1 visa, it is the most productive way to get what you want (a life and job in the US) if you ask me.

But certainly consult a lawyer to see what your options are

[kizza 1]

Here's my concern. An R visa is a non-immigrant visa. It will be difficult to prove you don't have immigrant intent when engaged to a USC (which they will know at the interview regardless if you cancel the K petition or not). Secondly, using a non-immigrant visa, like a R visa, when you have intent to marry a US citizen (as evidenced by the fact you filed a K visa) is visa fraud and can result in a lifetime ban.

I'd wait out the K-1 visa, it is the most productive way to get what you want (a life and job in the US) if you ask me.

But certainly consult a lawyer to see what your options are

Yes, obviously you are already planning on getting married... You have very explicitely showed your intention to USCIS.