Fiancé visa if not living in US?

[vdat 0]

Hi,

My fiancé and I are wondering if there would be any utility in us applying for a fiancé visa. We are both in the medical field and she will be doing her fellowship in Hamilton, Ontario (near the border) for the next 2.5 years, therefore will not be able to move to the US until she is done. If she applies for her fiancé visa now, will the fact that she is not going to be living in the US disqualify us? I will most likely relocate to Canada for those 2 years; however, work in the US and maintain my permanent address. I prefer this method rather than applying after we are married, because 2.5 years from now when we relocate to the US, we will likely have a child and I don't want to risk that complicating the situation and preventing us from making a smooth transition.

Any input is appreciated

ThAnks

[Harpa Timsah 13,263]

The point of a fiance visa is to lead to a Greencard, and if she isn't going to live in the US, then there is no point to getting a Greencard. If she got one, she would just lose it for not maintaining residence in the US. A 'permanent address" doesn't work for a Greencard; it is based on physical presence.

Having a kid doesn't complicate things too much; the kid will be a USC at birth (I am assuming you are a USC who has lived in the US for at least 5 years, 2 after your 14th birthday) and you will file a "Consular Report of Birth Abroad" to claim the citizenship for the kid, then you get him/her a US passport.

I wouldn't do anything with immigration until you both are moving to the US.

Edited November 11, 2013 by Harpa Timsah

[Cathi 5,899]

Why apply now if you won't be living here for a few years? It would be a waste of time and money.

[SparklePony 238]

I agree, it makes no sense to apply for a fiance visa at this stage. Besides, if you do get approved, she will be required to stay in the US until she gets her AP approved, and that could take several months.. How would she work in Canada in that situation? She wouldn't be able to!

You should go ahead and start your life together in Canada, then file for a spousal visa down the road. Do your research on the requirements, specifics and timings of the spousal visa so you'll know the best time to file.

Edited November 11, 2013 by SparklePony