Canadian marrying a USC - K1 then AOS???

[canuckmoran 7]

Good afternoon everyone,

I was hoping someone could help me out especially it seems now I will need a K1 Visa to get married to my American girlfriend in the United States.

Here is my dilemma I would like to go to school for a post-graduate program (i.e. law school) and married my longterm girlfriend, the later being in the summer of 2011 and the previous one maybe in January 2011, depending on the advice I get here.

My questions are:

1) While entering the USA on a K1 Fiance Visa can I get married, go on a honeymoon, come back to the states and then immediately apply for AOS all with in 90 days?

2) If yes, can I go to school while my AOS is being processed?

3) Could I go into the USA on a student visa, get married and then apply for AOS?

Thanks and look forward to your replies.

RM

[raymaga 25]

1) With the K-1 Visa, you must marry within 90 days of your entry into the U.S. After your marriage, you can only honeymoon in the U.S. You are not able to leave the U.S. (and re-enter afterwards) until you either have AP (Advance Parole) or your Green Card (after your AOS application is approved). You can apply for AOS (along with AP and EAD) right after you are married, as soon as you have your marriage certificate.

2) Yes, you can go to school while awaiting AOS.

3) I believe you cannot enter the U.S. on a different kind of visa, with the INTENT of getting married, and then adjust status. If you were to have entered the U.S. on a student visa, then met someone and got married spontaneously, then you could apply for AOS after the marriage. But someone else will reply here if I am wrong.

Good luck.

Edited February 28, 2010 by raymaga

[canadian_wife 1,829]

When I was granted an F-1 student visa in 2005, at the POE the agent asked me what ties I have to Canada and to prove that I intend to return to Canada when my studies were complete. Thankfully I came prepared. However, you do not have such intentions since you do intend to marry your girlfriend and adjust status.

Entering the US on a non-immigrant visa with the intentions of immigrating is visa fraud. And if you are planning this, obviously you will not have the proper evidence to show an agent if asked to show how you intend to return to Canada. This could result in a denial and a ban from the US for having immigrant intent. You want to aviod this if at all possible

I suggest the K-1 route. Get married in the US and apply for adjustment of status (note - working and traveling outside of the US can only be done once the EAD and AP has been granted). You may apply to schoold during the AOS process and, by the way, attending school as a resident, as opposed to a non-resident such as on a F-1 visa, is substantially cheaper.

Good luck on your journey

[besaangel 18]

ONLY THING I HAVE TO SAY IS, as an F-1 (which I am) IT IS ILLEGAL TO COME HERE WITH THE INTENTION OF GETTING MARRIED- better off getting a K visa

[canuckmoran 7]

1) With the K-1 Visa, you must marry within 90 days of your entry into the U.S. After your marriage, you can only honeymoon in the U.S. You are not able to leave the U.S. (and re-enter afterwards) until you either have AP (Advance Parole) or your Green Card (after your AOS application is approved). You can apply for AOS (along with AP and EAD) right after you are married, as soon as you have your marriage certificate.

2) Yes, you can go to school while awaiting AOS.

3) I believe you cannot enter the U.S. on a different kind of visa, with the INTENT of getting married, and then adjust status. If you were to have entered the U.S. on a student visa, then met someone and got married spontaneously, then you could apply for AOS after the marriage. But someone else will reply here if I am wrong.

Good luck.

Hello everyone,

So my fiance and I are going ahead and filing out the paperwork for the K1 Fiance Visa. I just had a couple of questions which I hope some can provide us clarification.

1) How long is this whole procedure from the time we submit the application to the time we actually receive the visa? I am in Canada and petitioner (fiance) is an American.

2) Once we get it do we have 90 days for me to cross the border and get married or is 90 days from when you cross the border? US Immigration is unclear about that.

If anyone can help out that would be great.

Thanks,

[CDAgirlMI 51]

Hello everyone,

So my fiance and I are going ahead and filing out the paperwork for the K1 Fiance Visa. I just had a couple of questions which I hope some can provide us clarification.

1) How long is this whole procedure from the time we submit the application to the time we actually receive the visa? I am in Canada and petitioner (fiance) is an American.

2) Once we get it do we have 90 days for me to cross the border and get married or is 90 days from when you cross the border? US Immigration is unclear about that.

If anyone can help out that would be great.

Thanks,

1. We filed in May of last year & got the visa end of November.

2. After you get the visa, you have up to 6 months to move over/activate the visa. After you move, you have 90 days to get married.

[canuckmoran 7]

1. We filed in May of last year & got the visa end of November.

2. After you get the visa, you have up to 6 months to move over/activate the visa. After you move, you have 90 days to get married.

Thank you for replying to my posting and thanks for the clarification. I have two other questions

1) Who fills out the paper work and submits it?

2) Is it at all possible to visit the US when the k1 is being processed?

Thanks again.

Richard

[raymaga 25]

1. The US citizen (Petitioner) submits the paperwork for the non-US citizen (Beneficiary). Of course, the paperwork is filled out together, but it is the Petitioner who is actually submitting the I-129F petition.

2. You can visit the US while the I-129F is pending, but make sure you take lots of proof of ties to Canada, such as mortgage/lease documents, your most recent pay stub, a letter from your employer/school stating the date you are expected back in Canada, etc. The more proof of ties to Canada, the better your chances of being admitted into the US. But, even with lots of proof, it is up to the Officer at the border as to whether they will admit you or not. I visited my fiance many times (I was the Canadian) with no problems by car from British Columbia to Washington state. I was asked for proof of ties to Canada and was told if I didn't have them, I would be denied entry.