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Filed: Country: Canada
Timeline
Posted

I'm attempting to get some clarification/confirmation of what I have found on the site.

I'm a Canadian citizen. My girlfriend is a US citizen living in Canada with permanent resident status.

She wishes to get married in the states close to her family (and I've been assured it's the brides choice).

We intend to return to Canada afterward to continue living/working up here (although will stay stateside for a week or two after the wedding to visit/travel).

1/. It's my understanding that I wouldn't need a K-1 Visa as I'm not attempting to change my status in the US. Is this correct?

2/. If, in the future, we did decide to move to the states I would apply through a different process (CR-1). This approach wouldn't break the fraud rule (entering under a tourist visa, getting married, and attempting to immigrate) as we had left the country after the wedding. Is this correct?

3/. What would be the suggestion for what to tell the border guards regarding purpose of travel? I would expect that I should have some documentation proving I intend to return to Canada post wedding (?). Rental stuff, proof of employment, etc?

Thanks.

Posted (edited)

1. Correct.

2. Correct. (CR for less than 2 years of marriage at POE, IR if it's more than 2 by then)

3. Be honest. Answer questions that they ask you, no need to volunteer wasn't isn't asked for. Carry documentation to evidence what you're stating (Canadian ties - home ownership/lease, letters from employers expecting you back, that sort of thing, plus your return travel details).

Edited by lost_at_sea

* I-130/CR-1 visa by Direct Consular Filing in London
3rd May 2013 - Married in London

7th May 2013 - I-130 filed
4th June 2013 - NOA2 (approved)
16th July 2013 - Interview (approved)
30th July 2013 - POE San Francisco
29th August 2013 - 2 year green card arrived

 

* How? Read my DCF London I-130 for CR1/IR1 Spouse Guide

* Removal of Conditions (RoC) via California Service Centre
1st May 2015 - 90 day RoC window opened
6th May 2015 - I-751 filed (delivered 8th May, cheque cashed 18th May)
7th August 2015 - Approved / GC production

27th August 2015 - 10 year green card arrived

* Naturalisation (Citizenship) via Phoenix Lockbox

* San Francisco Field Office:
1st May 2016 - N-400 window opened
20th August 2016 - N-400 filed

26th August 2016 - NOA1
13th September 2016 - Biometrics

12th January 2017 - Biometrics (again)
30th May 2017 - Interview (approved)
7th June 2017 - Oath

Posted

You should have no problems and no, you don't need a k1 visa to be married in the USA if youre not immigrating at this time.

Have a fantastic wedding!

You have brains in your head. You have feet in your shoes. You can steer yourself any direction you choose.  - Dr. Seuss

 

 
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