K1 Visa

[vtjbrent 0]

My fiancee and I are in a probably unusual situation. She is Canadian, I am a US citizen. We just got engaged last month. We have 2 options to be together. 1 - we can do the K1 fiancee visa route and wait the 6 months. Alternatively, I have the option of working in Canada and getting a work permit there. This option might actually take a little less time than the K1 visa. I wanted to apply for the K1 anyway just to get it started in case we do want to do that. Does anyone know what would happen to my fiancees eventual immigration to the US if we get a K1 and don't use it?

Thanks

[Bernie C 24]

If you file the I-129f petition and it is approved there would be an expiration date (4 months). If you didn't continue it would expire.

If you continued and she filed for the visa after petition approval and she was approved for the visa, sje would have 6 months to enter the US or it would expire.

Nothing would prevent you from filing again but they may want to know why the original petition or visa was "abandoned".

If you chose to move to Canada and work and got married there, and then decided you wanted to come and live in the US you could then file for DCF (if you meet the criteria).

You do have a lot of options to discuss and consider. I guess the first is to decide where you want to live and work so you can then determine the best avenue.

I don't think its all that unusual.

[vtjbrent 0]

Thanks so much for the advice! One more question though, what is a DCF? Sorry, I am a bit new to all this...

[Audy_Rob 26]

Thanks so much for the advice! One more question though, what is a DCF? Sorry, I am a bit new to all this...

DCF is Direct Consular Filing. There is a forum at VJ dedicated to DCF. I have given you the link to the forum below.

http://www.visajourney.com/forums/forum/82-direct-consular-filing-dcf-general-discussion/

If you are married and both living together in Canada, you are probably eligible for DCF.

[dakay ♥ 10]

Direct Consular Filing (DCF) is the unofficial term for filing an I-130 petition via a Consulate overseas, rather than through the US Service Center. While not everyone will qualify to do so, this process can expedite the speed in which a beneficiary can enter the United States and become a Green Card Holder (US Permanent Resident).

[baron555 934]

My fiancee and I are in a probably unusual situation. She is Canadian, I am a US citizen. We just got engaged last month. We have 2 options to be together. 1 - we can do the K1 fiancee visa route and wait the 6 months. Alternatively, I have the option of working in Canada and getting a work permit there. This option might actually take a little less time than the K1 visa. I wanted to apply for the K1 anyway just to get it started in case we do want to do that. Does anyone know what would happen to my fiancees eventual immigration to the US if we get a K1 and don't use it?

Thanks

For your second option, you could then get married while you are working in Canada and then file for Direct Consul filing for an entry visa for your wife. She will always have to have some sort of visa to be able to enter and live in the US. Then filing for AOS and GC, etc. like the rest of us.

No problem if you pull a K-1 and never use it.