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Giruck

K1 Visa - Wedding Location?

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No doubt this question has been asked and answered a gazillion times, but I just can't find the answer.

Once a Canadian citizen receives the K1 visa, I understand the couple has 90 days to wed. Must they do so in the US, or can they marry in Canada and cross the border to honeymoon and subsequently reside?

Thanks,

Giruck

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Hello!! Please don't get married in Canada if you are waiting on your K1.

K1 is a fiancé visa to enter the US as a fiancé (To get married within 90 days in the US) If you get married anywhere else you will be a spouse, not a fiancé and that will automatically make your K1 visa invalid.

Hope this helps :goofy:


No doubt this question has been asked and answered a gazillion times, but I just can't find the answer.

Once a Canadian citizen receives the K1 visa, I understand the couple has 90 days to wed. Must they do so in the US, or can they marry in Canada and cross the border to honeymoon and subsequently reside?

Thanks,

Giruck


Philippians 4: 6-7. "Do not be anxious about anything, but in every situation, by prayer and petition, with thanksgiving, present your requests to God. And the peace of God, which transcends all understanding, will guard your hearts and your minds in Christ Jesus."

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the 90days will start if the beneficiary already in US...there is also an expiration of visa..check the passport...the beneficiary should be in the us before it expires..

Edited by mymarley

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Yes, you have to get married in the US - within 90 days of the beneficiary crossing the border with the K-1-

The K-1 visa is a one way/one time entrance to the US for a fiance. Once the beneficiary crosses the border into the US, they can not leave until they have adjusted status - which is after the wedding.(*Technically they can leave, but they can not come back into the US on that same visa and you would have to start the whole process again as a new visa).

Since K-1 is a fiance visa and not a spousal visa, marrying in Canada and then using the K-1 to enter the US would be fraudulent.

My story - my Canadian husband and I got married in Vegas just us for the marriage. Then after he got his spousal visa we had a wedding party with all his family in Canada. This was celebrating our marriage, getting the visa and being able to start our new life.

Edited by gwenstar

s-event.png s-event.png
IR-1/CR-1 Visa : National Benefits Center NVC Received: 2014-01-08
Consulate : Montreal, Canada NVC Case Number: 2014-02-07
Marriage : 2013-02-22 Paid I-864 Bill: 2014-02-13
I-130 Sent : 2013-03-16 Sent I-864 Docs: 2014-02-14
I-130 NOA1 : 2013-03-20 Paid IV Bill: 2014-03-03
Trans. to NSC : 2013-11-05 Sent IV Docs: 2014-03-04
I-130 NOA2: 2013-12-16 Submitted DS-260: 2014-03-06

Case Complete 2014-03-21

Interview & APPROVED 2014-05-08

POE 2014-06-21

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No doubt this question has been asked and answered a gazillion times, but I just can't find the answer.

Once a Canadian citizen receives the K1 visa, I understand the couple has 90 days to wed. Must they do so in the US, or can they marry in Canada and cross the border to honeymoon and subsequently reside?

Thanks,

Giruck

K1 visa is for you to get married in US. So separate the marriage and wedding ceremony.

Do the (quick and cheap) civil marriage at the local county court ASAP to satisfy your 90 days marriage requirement,

and then file for AP (while you are fling for EAD and AOS) so that you can travel to and back from Canada,

then you can do the wedding ceremony and honeymoon in Canada.

Keep in mind that AP may take 2~3 months.


10-04-2013 We met online
11-21-2013 We met in person in Shanghai for 2 weeks

12-13-2013 I-129F packet sent via express

12-19-2013 USCIS NOA #1 (text and email) received

12-24-2013 USCIS assigns Alien Registration Number
12-31-2013 USCIS NOA #1 hard copy received
06-02-2014 USCIS web site shows NOA #2 approval
06-06-2014 USCIS web site shows case sent to NVC

06-xx-2014 Fiancee acquired birth, marriage, and police certificates from local police station (wrong)

06-16-2014 NVC creates case with GUZ### number

06-19-2014 NVC sends case sent to Guangzhou, China
06-24-2014 Received packet 3 express mail from embassy
06-25-2014 Completed DS-160 and paid K1 visa fee

06-26-2014 Mailed packet 3 response back to Embassy

06-26-2014 Requested police certificate from Russian embassy

07-08-2014 Received packet 4 email from Embassy

07-17-2014 Picked up Russian police certificate

07-25-2014 Fiancee medical exam (received MMR & Varicella, but they missed required TD shot)

07-31-2014 Picked up medical exam reports

08-01-2014 Request (correct) birth, marriage, and police certificates from Notarial Service (GongZhengChu)

08-06-2014 Picked up birth, marriage, and police certificates from Notarial Service

08-14-2014 Passed Interview Guangzhou embassy

09-01-2014 Received passport, visa, & sealed envelope

09-13-2014 POE

09-17-2014 Went to CBP office to get (US entry) I-94 updated correctly

09-18-2014 Applied for Social Security Card
09-19-2014 Applied for Marriage License (via online)
09-25-2014 Received Social Security Card
09-30-2014 Picked up Marriage License
10-09-2014 Marriage by Justice of Peace
10-09-2014 Got Certified Marriage Certificate Copies
10-17-2014 Received a letter from SS office that they need the marriage license
10-09-2014 Applied to change the social security card name
10-24-2014 Went back to SS office to provide the marriage certificate documents again!!!
12-09-2014 Submitted AOS, EAD, and AP
12-16-2014 Received 16 emails and 16 text NOA messages
01-05-2015 Received Biometrics appointment letter for (01-12-2015)
01-12-2015 Had Biometrics (fingerprint & picture) - Required Marriage Certificate!!!
02-17-2015 EAD and AP is approved
02-23-2015 Received AP is approval letter
02-25-2015 Received EAD/AP combo card (expires 02/16/2016)
02-27-2015 Applied for SS card name change (they took her SS card)
02-27-2015 Driver's learner permit test was denied since the SS card was given to SS office for name change
03-17-2015 Received SS card with married name
03-17-2015 Started to change all her accounts to married name
03-23-2015 Received potential interview waiver letter
03-27-2015 DMV rejects learner's permit due to "legal status=pending" and vision test failure
04-05-2015 Vision test for learner's permit
04-06-2015 DPS sent us letter that DHS cleared my wife's status to acquire driver's license.
04-10-2015 Passed Driver Learner's Permit
04-22-2015 Received Driver Learner's Permit ID card (expires 02/16/2016)
08-27-2015 Green Card approved
08-31-2015 Received Green Card "Welcome Notice Was Mailed" letter
09-05-2015 Received Green card
10-26-2015 Passed Driver's License Road Test (on 3rd attempt)
11-03-2015 Received Driver's License (expires 02/16/2022)
11-06-2015 Applied to remove conditional work remark on SS card
11-23-2015 Received updated Social Security Card.
- - - - - - - - - - Pending Future Processing - - - - - - - - - -
05-27-2017 File 10 Year Green Card
08-27-2017 2 Year Green Card Expires
05-27-2018 File USC

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Seems to be a lot more complicated for our daughter to marry an American and move to the US than it was for our son to marry an American and have her move here to Canada. We knew the process coming this way, it's a bit of a learning curve to figure it all out in the opposite direction.

Thanks so much for all of your responses, I'm sure we'll be asking many more questions. :-)

Giruck

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our process in the US is without a doubt frustrating and "special" .. I filed for a similar "De Facto" visa in Ireland a couple of years ago before my fiance and I were engaged (this visa just makes you prove you've been dating for 2 or more years and gives permission to remain in the country and work, travel, etc.... renewed annually) .. and it was so much more streamlined. Granted I am aware there is significantly less applicants moving to Ireland vs. here, but it seems as though for such a large, powerful country our immigration system is defective.

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No doubt this question has been asked and answered a gazillion times, but I just can't find the answer.

Once a Canadian citizen receives the K1 visa, I understand the couple has 90 days to wed.

No, they must marry within 90 days after entry into the US. The visa is valid for 6 months after the medical date and must be used to enter the US before expiration.

Must they do so in the US,

Yes

or can they marry in Canada and cross the border to honeymoon and subsequently reside?

No, they they'd be married and the K-1 is for un-married couples. The beneficiary would be turned back, of this would be caught at AOS time and then they would have committed visa fraud.

Thanks,

Giruck


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

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

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You must get married in the USA. Also unless you plan on chasing the CR1 visa do not leave the USA until you have filed your AOS paperwork and have recieved your AP. The K1 is a one time use visa. It expires when you enter the USA. The CBP can deny you entry if they think you're already married.


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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and it is also important to remember that once the K-1 marries in the US, he/she cannot leave the US and then return until one of two things happens: they receive their green card, for which they need to apply after they are married (called "Adjustment of Status") and takes a number of months up to a year to process, or they receive special travel permission called 'Advance Parole', which is also applied for at the same time as the green card.

If the married K-1 beneficiary does leave the US without one of these two items, then they will be denied access back into the US, and have to start the whole immigration process all over again from the beginning with a spousal visa (CR-1). If the married K-1 beneficiary applies for their green card and their AP but leave before either are granted, they will be considered to have abandoned their petition, and again, will be denied re-entry to the US and have to start the whole immigration process all over again from the beginning. Fortunately, the AP is processed more quickly than the green card and an emergency AP can also be received quite quickly (as long as one has filed for it) if there is an emergent need to return home (family illness, death, etc.).

Yes, while there are similarities between the US to Canada route with the Canada to US route, there are significant differences as well that makes the Canada to US route less forgiving of inadvertent errors and does not make allowance for the feelings or family connections of those involved in the process.

It is also good to remember that even though Canada and the US are neighbours, Canadians are treated exactly the same as any other immigrant from any other country through the immigration process. There is no real recognition of this friendly border relationship by US immigration, which comes as a shock to most Canadians.

Edited by Kathryn41

“...Isn't it splendid to think of all the things there are to find out about? It just makes me feel glad to be alive--it's such an interesting world. It wouldn't be half so interesting if we knew all about everything, would it? There'd be no scope for imagination then, would there?”

. Lucy Maude Montgomery, Anne of Green Gables

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