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Gwen&Dante

Is a K1 visa really necessary for Canadians?

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Hey all,

I'm a US citizen and my fiance is Canadian. I was just wondering if the K1 visa is really necessary for Canadian citizens coming to the US. What I mean is, since he can legally come to the US for up to 6 months with no visa, what would be wrong with him just coming to visit and us getting married? If we start the application process for his greencard right after we get married would it matter that we hadn't bothered with a K1?

I ask because this whole process is expensive and getting married (even without one of us needing to immigrate) is expensive enough as it is, we'd like to cut down on the cost wherever we can, so if we don't have to file for a K1 I'd like to skip it. That said, if it provides some benefit that I'm unaware of I don't want to make the process harder by skipping it.

I understand that people from countries that require a visa to visit the US at all would certainly benefit from a K1, but when you can come and go as you please with no visa anyway (well as long as the INS folks are feeling generous), I don't see the point. Thoughts?

Thanks for your help!

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Yes, it is - Canadian or any other nationality, to do it the right way either go for K-1 or get married and file for CR-1. Wait time is a reality and so is the cost of process - whichever one you choose.


ROC 2009
Naturalization 2010

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Hey all,

I'm a US citizen and my fiance is Canadian. I was just wondering if the K1 visa is really necessary for Canadian citizens coming to the US. What I mean is, since he can legally come to the US for up to 6 months with no visa, what would be wrong with him just coming to visit and us getting married? If we start the application process for his greencard right after we get married would it matter that we hadn't bothered with a K1?

USCIS is more likely to red-flag this as "marrying to seek immigration" than if you did K-1.

However, you do raise other ideas--that Dante could possibly enter on work-visa (TN-1), and then you get married AFTER he enters.

I ask because this whole process is expensive and getting married (even without one of us needing to immigrate) is expensive enough as it is, we'd like to cut down on the cost wherever we can, so if we don't have to file for a K1 I'd like to skip it. That said, if it provides some benefit that I'm unaware of I don't want to make the process harder by skipping it.

I understand that people from countries that require a visa to visit the US at all would certainly benefit from a K1, but when you can come and go as you please with no visa anyway (well as long as the INS folks are feeling generous), I don't see the point. Thoughts?

Thanks for your help!


2005/07/10 I-129F filed for Pras

2005/11/07 I-129F approved, forwarded to NVC--to Chennai Consulate 2005/11/14

2005/12/02 Packet-3 received from Chennai

2005/12/21 Visa Interview Date

2006/04/04 Pras' entry into US at DTW

2006/04/15 Church Wedding at Novi (Detroit suburb), MI

2006/05/01 AOS Packet (I-485/I-131/I-765) filed at Chicago

2006/08/23 AP and EAD approved. Two down, 1.5 to go

2006/10/13 Pras' I-485 interview--APPROVED!

2006/10/27 Pras' conditional GC arrives -- .5 to go (2 yrs to Conditions Removal)

2008/07/21 I-751 (conditions removal) filed

2008/08/22 I-751 biometrics completed

2009/06/18 I-751 approved

2009/07/03 10-year GC received; last 0.5 done!

2009/07/23 Pras files N-400

2009/11/16 My 46TH birthday, Pras N-400 approved

2010/03/18 Pras' swear-in

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Filed: IR-1/CR-1 Visa Country: Vietnam
Timeline

The point is the difference between visiting and immigrating. Following the law or ending up with a potential ban to ever entering the US (worst case scenario).

Entering on a visitor program (as one may currently do as a Canadian citizen) means that it is a temporary trip. You aren't planning to live in the states permanently. A fiance or spouse visa allows a person to immigrate to the US and obtain legal status in the U. This enables one to work legally, obtain a drivers license, attend school, etc. All things that do have a point dontcha think?

For the purposes of immigration, Canada is just like any other country. Just as the US is a foreign country in Canada.

A less expensive route is the spouse visa.

Do some reading to learn the costs and process. It's a few thousand dollars whichever route you chose.


I-864 Affidavit of Support FAQ -->> https://travel.state.gov/content/visas/en/immigrate/immigrant-process/documents/support/i-864-frequently-asked-questions.html

FOREIGN INCOME REPORTING & TAX FILING -->> https://www.irs.gov/publications/p54/ch01.html#en_US_2015_publink100047318

CALL THIS NUMBER TO ORDER IRS TAX TRANSCRIPTS >> 800-908-9946

PLEASE READ THE GUIDES -->> Link to Visa Journey Guides

MULTI ENTRY SPOUSE VISA TO VN -->>Link to Visa Exemption for Vietnamese Residents Overseas & Their Spouses

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Filed: AOS (apr) Country: Russia
Timeline

Yes, it is - Canadian or any other nationality, to do it the right way either go for K-1 or get married and file for CR-1. Wait time is a reality and so is the cost of process - whichever one you choose.

Yep.....if they come over and you get married on a visitor's pass then you are committing visa fraud and at any time down the road (there will be more interactions with USCIS) if they determine you had this intention (you do because you have asked about it here) they could throw the book at you and incur a lifetime ban. Why risk it?


Phil (Lockport, near Chicago) and Alla (Lobnya, near Moscow)

As of Dec 7, 2009, now Zero miles apart (literally)!

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If your fiance enters the US with the intention of marrying you but tells customs he is a temporary visitor thats a lie and it will be considered illegal to then marry you and apply for a green card. Filing for a K1 is expensive, but its the correct way to do it. However while its being processed you'd still both be able to visit each other, he could even be with you in the States for the duration of the wait (as long as he goes back home for his eventual interview).

You hear stories about people getting married in the US (wether its a spur of the moment decision or secretly planned) and getting away with it, but you'd need serious proof that it was an impulsive decision and not planned, and if the government found out otherwise, there could be severe consequences.


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10th Feb - NOA1

16th May - NOA2

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29th August - POE at SFO

7th Oct - Married

10th Oct - AOS Filed

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20th Oct - Biometrics Letter (for 14th Nov)

28th Oct - Biometrics (walk-in)

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Filed: K-1 Visa Country: Vietnam
Timeline

It's not illegal to come to the US as a visitor with the intention of getting married, as it's perfectly legal to marry in the US. It is, however, illegal to use a non-immigrant entry if you have the intention of immigrating before you leave. There is a clause in INA 245 that allows an immediate relative of a US citizen to adjust status if they are already in the US, but this was meant as an exception rather than an alternative to the immigrant visa process. This exception doesn't absolve the alien from the law regarding preconceived intent. If USCIS determines that there was preconceived intent to immigrate then it will be a negative factor that will be held against you when adjudicating the green card application. If they find evidence of preconceived intent, and further find evidence that the alien lied to an immigration officer about their intent, then the adjustment of status will be denied, the alien will be ordered to leave the US, and will potentially face a lifetime ban for material misrepresentation.

Many people do come to the US with a non-immigrant visa or entry pass, marry a US citizen, and then apply for a green card. Most of them are successful. Many immigration lawyers even recommend this route. This doesn't alter the fact that it's illegal and potentially risky. Those lawyers get paid if they help you submit a green card application, and they get paid even more if the green card application is denied and you need to defend yourself against deportation. If you win, they win. If you lose, they win more.

Edited by JimVaPhuong

12/15/2009 - K1 Visa Interview - APPROVED!

12/29/2009 - Married in Oakland, CA!

08/18/2010 - AOS Interview - APPROVED!

05/01/2013 - Removal of Conditions - APPROVED!

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Hey Guys,

Thanks for taking the time to reply and thanks for clarifying. I guess I understand why it's necessary. Now I have to figure out if we have an alternative. (We are currently residing in Japan and the DCF-CR1 has just come to my attention as a possibility, though whether or not we can get it done in time before we return to North America will be a close run thing.)

If not I guess we're in for the full drawn out package. My main priority (even higher than saving money) is not having to be separated for any lengthy period of time during this process. We've been together (and living together) for 3 years now and I don't want us to have to be apart for months at a time just so we can get married.

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Filed: Lift. Cond. (apr) Country: China
Timeline

Thanks for taking the time to reply and thanks for clarifying. I guess I understand why it's necessary. Now I have to figure out if we have an alternative. (We are currently residing in Japan and the DCF-CR1 has just come to my attention as a possibility, though whether or not we can get it done in time before we return to North America will be a close run thing.)

DCF is cheaper (~$1000) and faster(typically < 6 months). You also get green card immeidately upon entry to the US. No idea how hard it is for two foreigners to get married in Japan. All you need is the civil marriage, any type of religious ceremony you desire can be held later.

Here's some info on filing the I-130 in Japan.

Getting Married in Japan

Good Luck!

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Filed: IR-1/CR-1 Visa Country: Morocco
Timeline

This is the US government. What is important here is that they recieive the fees. so, to lawfully marry here, the K-1 or CR-1 application is needed. I knwo my step daughter went to Canada and then married but US does not accept that. Not since 9/11.

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Filed: Country: China
Timeline

In addition to everything else that has been posted. Every time someone uses the VWP or a tourist visa to get around the K-1 or CR-1 process, it makes it that much more difficult for the rest of us, not only to bring our spouse here, but to have family visit us later. This is why the VO's are instructed to treat every visa as intending to immigrate. The process is hard and expensive but that is for a reason and short cutting the process is never a good idea.

This is the US government. What is important here is that they recieive the fees. so, to lawfully marry here, the K-1 or CR-1 application is needed. I knwo my step daughter went to Canada and then married but US does not accept that. Not since 9/11.

The US accepts and recognizes foreign marriages. They just don't grant LPR status based on these. Again that is for a reason since so many of the marriage and fiancee based visas are fraudulent.

Edited by Casprd

Service Center : California Service Center
Consulate : Guangzhou, China
Marriage (if applicable): 2010-04-26
I-130 Sent : 2010-06-01
I-130 NOA1 : 2010-06-08
I-130 RFE : 2010-11-05
I-130 RFE Sent : 2010-11-06
I-130 Approved : 2010-11-10
NVC Received CaseFile: 2010-11-16
NVC Casefile Number Issued: 2010-11-22
Received DS-3032 / I-864 Bill : 2010-11-23
OPTIN EMAIL SENT TO NVC: 2010-11-23
OPTIN ACCEPTED by NVC: 2010-12-14
Pay I-864 Bill 2010-11-23
Receive I-864 Package : 2010-11-23
Return Completed I-864 : 2011-03-30
Return Completed DS-3032 : 2010-11-23
Receive IV Bill : 2010-12-17
Pay IV Bill : 2011-03-16
AOS CoverSheets Generated: 2010-11-27
IV Fee Bill marked as PAID: 2011-03-18
IV CoverSheets Generated: 2011-03-18
IV email packet sent: 2011-04-4
NVC reports 'Case Completed': 2011-5-2
'Sign in Fail' at the Online Payment Portal: 2011-5-2
Final Review Started at NVC: 2011-5-2
Final Review Completed at NVC: ????
Interview Date Set: 2011-5-5
Appointment Letter Received via Email: 2011-5-6
Interview Date: 2011-6-1
Approved!!!!!

I-751 Sent : 2013-07-02

I-751 Bio Appointment Date 2013-08-02

10 Year Green Card Approved!!!!!

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Filed: Lift. Cond. (apr) Country: China
Timeline

The US accepts and recognizes foreign marriages. They just don't grant LPR status based on these. Again that is for a reason since so many of the marriage and fiancee based visas are fraudulent.

This statement is at best misleading. The US makes no distinction when it comes to granting CR-1/IR-1/LPR as to where a marriage was performed as long as it was performed according to local law. Not matter where the marriage was performed, the US gov't grants the status after an an assessment as to whether the marriage is a bona-fide relationship or was entered for immigration benefit. No additional weight is granted to a marriage because it was performed in the United States.

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