Simple K-1 Question or two! (perhaps)

[jereremmy 0]

Hey guys, just joined; trying to bring my Canadian fiancee to the USA - Virginia - to marry me! We have explored both the K-1 and the K-3; Our thinking is to go the K-1 route because it would bring us together quicker in marriage - having the legal ceremony in due time (90 days) and then having something nicer in Canada a bit later - when we file the correct papers so that she can travel back home; while she deems this option somewhat 'anti-climactic,' it seems to be better than planning a wedding (mostly long-distance planning, mind you) for Canada, getting married, and then having to spend the additional months apart (additional meaning including the months we spent to planning the wedding) waiting for a K-3 visa;

Okay, so maybe my questions are simple, but let me go ahead anyway:

1.) If we did marry in Canada, would she be barred from visiting me in the US as my wife while waiting for a K-3? I'm assuming here that this option is even available - I just thought I'd ask!

2.) Once she receives the K-1 fiancee visa & enters the country and marries me, how long typically would she have to remain here in the U.S. before being allowed to travel abroad - abroad primarily referring to her home in Canada! I understand there is a paper to file for her to travel abroad, but I know very little about this part of the process.

Thanks guys!

[Audy_Rob 26]

Hey guys, just joined; trying to bring my Canadian fiancee to the USA - Virginia - to marry me! We have explored both the K-1 and the K-3; Our thinking is to go the K-1 route because it would bring us together quicker in marriage - having the legal ceremony in due time (90 days) and then having something nicer in Canada a bit later - when we file the correct papers so that she can travel back home; while she deems this option somewhat 'anti-climactic,' it seems to be better than planning a wedding (mostly long-distance planning, mind you) for Canada, getting married, and then having to spend the additional months apart (additional meaning including the months we spent to planning the wedding) waiting for a K-3 visa;

Okay, so maybe my questions are simple, but let me go ahead anyway:

1.) If we did marry in Canada, would she be barred from visiting me in the US as my wife while waiting for a K-3? I'm assuming here that this option is even available - I just thought I'd ask!

2.) Once she receives the K-1 fiancee visa & enters the country and marries me, how long typically would she have to remain here in the U.S. before being allowed to travel abroad - abroad primarily referring to her home in Canada! I understand there is a paper to file for her to travel abroad, but I know very little about this part of the process.

Thanks guys!

K-3 has been made obsolete. To read about being married and then filing for the Visa petition you will want to study the CR-1 route. If you are married in Canada, she would not be able to enter the US until the CR-1 visa is granted. With the K-1 visa, she could attempt to enter while the K-1 petition (I-129F) is being adjudicated and while waiting for the K-1 visa interview. I have read many posts from Canadians that have successfully entered the US during the process but make sure the Canadian has ample evidence of ties in Canada that will require the return of the Canadian to Canada.

If you go the K-1 route you could get AP in 2 to 3 months after filing the AOS. File all together, AOS, EAD and AP after getting married. However do not make any firm plans until she actually has the AP in hand. It could be longer for any reason.

[Coleen 2]

Hey guys, just joined; trying to bring my Canadian fiancee to the USA - Virginia - to marry me! We have explored both the K-1 and the K-3; Our thinking is to go the K-1 route because it would bring us together quicker in marriage - having the legal ceremony in due time (90 days) and then having something nicer in Canada a bit later - when we file the correct papers so that she can travel back home; while she deems this option somewhat 'anti-climactic,' it seems to be better than planning a wedding (mostly long-distance planning, mind you) for Canada, getting married, and then having to spend the additional months apart (additional meaning including the months we spent to planning the wedding) waiting for a K-3 visa;

Okay, so maybe my questions are simple, but let me go ahead anyway:

1.) If we did marry in Canada, would she be barred from visiting me in the US as my wife while waiting for a K-3? I'm assuming here that this option is even available - I just thought I'd ask!

2.) Once she receives the K-1 fiancee visa & enters the country and marries me, how long typically would she have to remain here in the U.S. before being allowed to travel abroad - abroad primarily referring to her home in Canada! I understand there is a paper to file for her to travel abroad, but I know very little about this part of the process.

Thanks guys!

Hey there,

First of all- WELCOME to VJ. I'm not an expert in this, but I'll try to answer your questions.

1) If you get marry in Canada, your wife won't be able to visit you in the US before K3 process is done unless she obtains tourist visa. (although I'm not sure if this info is valid for Canadians- you should check this with someone who's been in similar situation)

2) Once she recieves K-1, enters the US and marries you, she will have to file documents for AOS (Adjustment of Status). EAD (work permit) and AP (advanced parole- travel document) are included in AOS package. People usually get their EADs an APs in about 2 months after filing, while they all wait for AOS a little bit longer. So, if you go for K1, file for AOS as soon as you get your marriage certificate, and she should get her EAD and AP in about two months after filing.

I hope this helped you at least a little bit.

Good luck!

Edited May 27, 2010 by Coleen