K-1 and US residency

[Rich and Emily 0]

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

[Cathi 5,609]

your fiance needs to prove she is domiciled in the US on or before the date the visa is issued. Good luck.

[Ryan H 3,790]

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.

[baron555 934]

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

[Rich and Emily 0]

Wow, thank you all for your quick and helpful responses! We're excited to get started on the filing.

Rich