Canadian fiancee visiting while I file I-129F?

[Narant 0]

Hi there! I am a U.S. citizen intending to marry my Canadian fiancee. As of right now we visit each other fairly regularly (every couple months) without visas. We've been looking into the complex world of Visa applications to get married and live together in the U.S.

This is how I envision the process going:

I file the I-129F about a year before the wedding date; this takes around 5 months ideally.

After this, she applies for the K-1 Visa, which should take around 2 months.

Assuming everything works out she gets her K-1 Visa, which is valid for 6 months, and once we're about ready to marry she comes into the country on the K-1, we get married within the first week, and immediately apply for the I-485 to get permanent residency, as well as the I-765 to get work authorization in the U.S.

She goes back to Canada to continue working for a remaining few months until she's authorized to work in the U.S. (hopefully about 3 months), and I visit her once in that time period.

Once she's authorized to work, she moves here.

Aside from checking if this seems realistic/correct, I have a few questions to add:

1. While applying for the K-1 or petitioning, can my fiancee still come into the U.S. easily to visit me? From what I understand she should bring some sort of proof of employment/residency in Canada and state that she doesn't intend to marry just in case, but otherwise she should be fine. Our hope is that we can keep seeing each other at about the same rate while applying.

2. Will any of these applications require me to prove independent income? I have some money assistance but I'm currently a student and don't plan on getting permanent personal income until we're already married. My fiancee has her own money and plans on finding work as soon as she can (hence returning to work in Canada for a few months after getting married). Will my situation jeopardize anything?

Thank you, and sorry for the multitude of questions. I've found a lot of information on these boards but it's still slightly overwhelming.

Let me know if I missed anything, and once again, thank you!

[Lemonslice 4,580]

Once she enters on her K-1, she needs advance parole to leave the USA and reenter. She will not be able to work on Canada while waiting for her work authorization - advance parole and work authorization usually take around 90 days once you submit your AOS+request for these.

[Shauneg 762]

It's a good plan except she can't leave the country and go back to work in Canada while waiting for a.o.s.

Edited September 21, 2015 by Shauneg

[JolyDan 13]

I came on a K1 visa in March and was only able to go back to Canada in July. I got married 1 week after my arrival, but by the time we got the marriage certificate and all the paperwork ready it took an extra 2 weeks.

If you want your fiancée to be able to work right away, maybe the CR-1 visa is a better option for you.

As of the proof of income, if you don't reach the minimum you'll have to find a co-sponsor

She can still visit during the process, but remember it's always the border agent who have the last word, but with proof (letter from employer, lease, etc) she shouldn't have any problem

[Narant 0]

Gotcha, thanks!

So if I'm understanding, once we marry she will want to stay until she gets her permanent residency, and basically will be unable to work for roughly 90 days.

As far as her possessions, should she consider moving her stuff here when she comes in on her K-1? And then going back for anything else after getting advanced parole?

She would like to work up until she's eligible to do so in the U.S., but it sounds like that's not a real possibility?

Again, thanks for the quick responses.

[Ash.1101 1,755]

You guys can visit each other during the process.


Your fiance can not go back to Canada after ya'll marry until her advance parole is approved. Advance Parole is generally approved the same time EAD is. Once you two marry, she has to stay in the country until those are approved. If she leaves before getting AP, you will have to turn around and apply for a spousal visa which has about a year turnaround time.

Also yes you will have to prove finances.

For 2 people (you and your fiance) you have to prove you make 19,912$ a year. If you don't, you can use a cospsonor. The cosponsor has to meet the same requirements as you do, their household size will be them, the fiance, and any dependents they may have. If you find a cosponsor with no dependents then they have to just make 19,912$ like you would.

And no it's not realistic for her to work up until she can work in the US, she can not work in the US for about 90 days. If she's coming in on a K1, unless the job is transferable to the US and the company allows her to take a break or work remotely (some Canadians have done it), she may as well quit it. It can take 90 days on a good day, not including any delays or anything.

Generally what normally happens is, is the fiance quits their job, comes here and marrys, and then the USC supports them until they get EAD, or if the USC is lucky, the fiance comes in with savings that can take over for the time that they can't work.

Edited September 21, 2015 by Ash.1101

[Narant 0]

Thank you, Ash.

So how does this option sound?

She works in Canada until coming in on her K-1, then moves her things in. We get my parents to co-sponsor (they are willing). I seek a job around the same we get married. She stays in the U.S. for the rest of the 90 days and then hopefully begins working as well.

[Ash.1101 1,755]

Thank you, Ash.

So how does this option sound?

She works in Canada until coming in on her K-1, then moves her things in. We get my parents to co-sponsor (they are willing). I seek a job around the same we get married. She stays in the U.S. for the rest of the 90 days and then hopefully begins working as well.

Sounds like a good plan! That's my current plan as well. I'm also using a cosponsor, my mother is cospsonoring.

Mainly because I have a special needs daughter and it's a lot easier to do things like work when someone can take her to school and therapy. Him being here allows me to work full time, and then once he can work full time, I can cut my hours and essentially do what he was doing with taking her to school and therapy and such.

Luckily for me he also has been saving for a while, so he has money for us to live off of even when I'm working full time. Obviously don't want to eat into the savings so I'll be offsetting that spending by working.

[Narant 0]

Great! Thanks for all the answers! As a last question (since I haven't looked into advanced parole too much yet), will applying for advanced parole allow her to visit Canada relatively freely until she gets her permanent residency (at which point I assume she won't need it anymore)?

[Transborderwife 4,666]

Great! Thanks for all the answers! As a last question (since I haven't looked into advanced parole too much yet), will applying for advanced parole allow her to visit Canada relatively freely until she gets her permanent residency (at which point I assume she won't need it anymore)?

Until she becomes a full fledged citizen there is always the risk of being denied entry. However she is likely safe with AP

[Narant 0]

Sorry to bring this thread up again, but I've been briefly looking into the CR1 option. How does this sound as a possibility?

I visit my fiancee in Canada and we get married while I'm there.

She applies for the CR1 and in the next year or so we continue to visit each other.

She gets the CR1 after a year or so and moves here as a full permanent resident.

Could it be that simple? Or is there a catch? I understand there are more forms to fill out but overall the process should be less expensive and she would be able to work within a month of arriving instead of waiting for another application.

Thanks again!

[Ash.1101 1,755]

Yep! You can do that too!

If there is no option of having her not work for 90+ days then that's the best route to go. She'll be able to enter the country and work asap for a spousal visa. The process is just longer and you can't live together, you need to prove relationship a little bit more, but that usually isn't an issue for most people. Those are the only cons.

[Narant 0]

Thanks, we'll take everything into consideration. This board has been a great help!

[TBoneTX 43,401]

*** Thread moved from K-1 Process forum to the "What Visa Do I Need" forum -- OP is weighing the options. ***

[Moderator hat off]

OP, if you opt for K-1, you can cut some days off the "wait" to file for Adjustment of Status: At your marriage ceremony, ask the officiant if you can hand-carry the signed marriage license to the county courthouse yourself. In many courthouses, you can get marriage certificates (the plural is important -- get several) prepared while you wait, and you can leave with them in hand.

Mrs. T-B. & I did this. The courthouse clerk had never had someone request 7 marriage certificates, but we ended up using 5 (one for AOS, one for each mother-in-law, one for the bank, one for something else).

[PeruvyandGringa 25]

Why not just have her come down right now and get married, then she can return to Canada and you can apply for CR-1. That way she can continue working while the visa is processing, and with CR-1 she can work as soon as she arrives. With a K-1 she would be here for months without being able to work (and potentially bored). If she wishes to avoid that just get married and apply for CR-1, and you can visit each other while it is in process assuming you have good proof of intent to return.