Can you apply for a K-1 while in the US on another visa?

[Ibex 0]

My fiancee and I are both in medical school and he recently proposed after being together for 19 months. We want to get married in the US after we finish school but before we both start residency in the US. He is Canadian and is attending school on a B-1 visa (it's an odd visa, I know). Can we start the process for a K-1 while he is here provided that he go home before the wedding?

[Inky 1,111]

Why wouldn't you just get married and file adjustment of status now?

No need to do the whole K-1 thing.

[aaron2020 11,652]

My fiancee and I are both in medical school and he recently proposed after being together for 19 months. We want to get married in the US after we finish school but before we both start residency in the US. He is Canadian and is attending school on a B-1 visa (it's an odd visa, I know). Can we start the process for a K-1 while he is here provided that he go home before the wedding?

You don't need the K-1 visa. A visa is for entering the US. He is already in the US, so he doesn't need the K-1 visa.

The two of you can get marry, and adjust his status so he can get a green card. This is the path you want.

[hikergirl 277]

Here is the guide for AoS for you: http://www.visajourney.com/content/i130guide2

Best of luck in your journey!

[Lainie B 465]

Agreed, unless there is some reason he has to go back to Canada between now and getting married. If he leaves before getting married and applying for AOS, he can't re-enter the US without the K-1 as he now has immigration intent.

[Ibex 0]

Thanks for your advice. We were just worried that there would be trouble because when he got this visa, he had to prove he had intentions of returning to Canada. We didn't want them to accuse him of having immigration intent. How do you prove that he didn't have this intent?

[Rebecca Jo 1,962]

Thanks for your advice. We were just worried that there would be trouble because when he got this visa, he had to prove he had intentions of returning to Canada. We didn't want them to accuse him of having immigration intent. How do you prove that he didn't have this intent?

It won't even be asked.

[Moomin 292]

When he entered, they let him in because they thought he didn't show intent of staying. The CBPs don't catch everyone if they're lying however for the most part, they'll question you if they're in doubt. He was let in and he planned to return but had a change of heart. That's perfectly legal, and he can adjust his status to LPR based on marriage to a USC.

If you prefer to not start anything now, then go for the K1, or get married and go for the CR-1 but since he's already in the US, it's faster and less expensive to adjust. He doesn't have to go back to home country for an interview this way, he would have to for the K1(and CR1). However he can't leave the US until he either has AP or greencard if you choose to adjust status when already in the US.

[JimVaPhuong 4,865]

Thanks for your advice. We were just worried that there would be trouble because when he got this visa, he had to prove he had intentions of returning to Canada. We didn't want them to accuse him of having immigration intent. How do you prove that he didn't have this intent?

Immigrant intent won't be an issue unless they have evidence that he intended to immigrate at the time he entered the US, and also evidence that he lied about his intent to the CBP officer. You don't have to prove he didn't have immigrant intent. They would have to prove that he did. If CBP had that evidence at the time he entered then they wouldn't have let him enter.

If he's attending school more than 18 hours a week, or if his studies are for credits towards a college degree, then he should not be attending school with a B1 visa.

[Ibex 0]

Our school gives him a B-1 because we are in our "clinical years" so technically we are working without pay. It is not a traditional lecture/credit type situation. How long does it typically take to adjust one's status or to file a CR-1? If he goes home and then we file a CR-1, will he be able to enter the US for interviews during that time that this paperwork is pending?