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Rich and Emily

K-1 and US residency

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Hi all,

This is my first post. Before I begin filing for a K-1, I wanted to make sure that it is the right visa category for my fiancée and I.

She is an American and Canadian citizen and is studying in Vancouver, BC for the next 8 months. We will be living together in Canada while we wait for the visa to process. Is there any requirement that my fiancée be a US resident at any time in the process? And since I can travel to the USA without a visa as a Canadian, is there any risk that the USCIS might deem me ineligible for the K-1 since I otherwise wouldn't "need" it to travel to the USA to get married?

Thanks for welcoming us into the community! I look forward to beginning the journey soon.

Rich

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Before I begin filing for a K-1, I wanted to make sure that it is the right visa category for my fiancée and I.

Since your fiancee is the US Citizen, she will be doing the initial filing, not you.

She is an American and Canadian citizen and is studying in Vancouver, BC for the next 8 months. We will be living together in Canada while we wait for the visa to process. Is there any requirement that my fiancée be a US resident at any time in the process?

Read this thread about proving domicile in the US: http://www.visajourney.com/forums/topic/164618-proving-domicile-when-not-living-in-the-us/

And since I can travel to the USA without a visa as a Canadian, is there any risk that the USCIS might deem me ineligible for the K-1 since I otherwise wouldn't "need" it to travel to the USA to get married?

USCIS makes determinations on petitions, not visas. It's the consulate that determines if you are eligible for a visa or not. To answer your question, you need the visa to come to the US, get married, and then stay. Therefore, you would not be denied a visa for the reason you state.


Our journey:

Spoiler

September 2007: Met online via social networking site (MySpace); began exchanging messages.
March 26, 2009: We become a couple!
September 10, 2009: Arrived for first meeting in-person!
June 17, 2010: Arrived for second in-person meeting and start of travel together to other areas of China!
June 21, 2010: Engaged!!!
September 1, 2010: Switched course from K1 to CR-1
December 8, 2010: Wedding date set; it will be on February 18, 2011!
February 9, 2011: Depart for China
February 11, 2011: Registered for marriage in Wuhan, officially married!!!
February 18, 2011: Wedding ceremony in Shiyan!!!
April 22, 2011: Mailed I-130 to Chicago
April 28, 2011: Received NOA1 via text/email, file routed to CSC (priority date April 25th)
April 29, 2011: Updated
May 3, 2011: Received NOA1 hardcopy in mail
July 26, 2011: Received NOA2 via text/email!!!
July 30, 2011: Received NOA2 hardcopy in mail
August 8, 2011: NVC received file
September 1, 2011: NVC case number assigned
September 2, 2011: AOS invoice received, OPTIN email for EP sent
September 7, 2011: Paid AOS bill (payment portal showed PAID on September 9, 2011)
September 8, 2011: OPTIN email accepted, GZO number assigned
September 10, 2011: Emailed AOS package
September 12, 2011: IV bill invoiced
September 13, 2011: Paid IV bill (payment portal showed PAID on September 14, 2011)
September 14, 2011: Emailed IV package
October 3, 2011: Emailed checklist response (checklist generated due to typo on Form DS-230)
October 6, 2011: Case complete at NVC
November 10, 2011: Interview - APPROVED!!!
December 7, 2011: POE - Sea-Tac Airport

September 17, 2013: Mailed I-751 to CSC

September 23, 2013: Received NOA1 in mail (receipt date September 19th)

October 16, 2013: Biometrics Appointment

January 28, 2014: Production of new Green Card ordered

February 3, 2014: New Green Card received; done with USCIS until fall of 2023*

 

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Hi all,

This is my first post. Before I begin filing for a K-1, I wanted to make sure that it is the right visa category for my fiancée and I.

She is an American and Canadian citizen and is studying in Vancouver, BC for the next 8 months. We will be living together in Canada while we wait for the visa to process. Is there any requirement that my fiancée be a US resident at any time in the process?

No but she must be able to receive any mailings from the USCIS, or have them forwarded to her from a US address.

And since I can travel to the USA without a visa as a Canadian, is there any risk that the USCIS might deem me ineligible for the K-1 since I otherwise wouldn't "need" it to travel to the USA to get married?

Yes, the lack of a visa for you to travel to the US does not bestow the ability to move here permanently; they assume you will be returning to Canada. To permanently move to the US then you need the visa.

Thanks for welcoming us into the community! I look forward to beginning the journey soon.

Rich


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

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

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