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joeber

K-1 Fiancee visa question

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

I have a situation that I could really use some help with. I am engaged to my canadian fiancee and we are planning on getting married in July 2013 in canada near her family. I have found myself in a sticky situation when it comes to the immigration work. Is there any way I could go to canada, marry her and then bring her back using the K-1 visa? We dont want to spend much time apart after our wedding, and waiting for a CR-1 visa to get approved would be more waiting than we would like to be reunited. From my understanding the marriage (using the K-1) needs to take place on american soil. Is there any other option that would allow me to go to canada, marry my fiancee, and then bring her back here? I feel that there are really no options for an american wanting a canadian wedding and then settling back down in america. Any help would be awesome.

Thanks so much,

Joey

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Filed: Citizen (apr) Country: Italy
Timeline

Nope, K1 is for fiance(e)s, i.e. people who are free to marry when they enter the US, and get married on US soil. If you want to get married in Canada, you are obviously free to do it, but then you will need to follow a different path, and petition your spouse to obtain a CR1 visa. It takes a little longer than the K1, but when your spouse enters the US he/she will immediately obtain a green card and will be eligible to work right away.

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

Nope, K1 is for fiance(e)s, i.e. people who are free to marry when they enter the US, and get married on US soil. If you want to get married in Canada, you are obviously free to do it, but then you will need to follow a different path, and petition your spouse to obtain a CR1 visa. It takes a little longer than the K1, but when your spouse enters the US he/she will immediately obtain a green card and will be eligible to work right away.

Thanks for the info :) Is there any way that she could be with me here in the USA while the visa is pending for approval? I have limited time to visit canada due to my work, but the idea of spending the months it may take to be approved is a bit hard to swallow. could she be here on a visitors visa while we wait for approval?

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Filed: Citizen (apr) Country: Ireland
Timeline

Is she a Canadian citizen? If so, she needs to visitors visa, she can visit you (but not move here or work) for up to 6 months. So if the wedding date is set in stone, that is your best option. Otherwise, move the Canadian wedding to, say, July 2014, do the K1 now, get legally married in a courthouse in the USA after you get the visa and do the ceremony and reception back in Canada later.


Bye: Penguin

Me: Irish/ Swiss citizen, and now naturalised US citizen. Husband: USC; twin babies born Feb 08 in Ireland and a daughter in Feb 2010 in Arkansas who are all joint Irish/ USC. Did DCF (IR1) in 6 weeks via the Dublin, Ireland embassy and now living in Arkansas.

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