Canadian Moving to the US with an American Born Fiance

[Danni.B 37]

My boyfriend and I have been planning to move to San Diego, CA in Sept or Oct 2016. I am a Canadian Citizen. My boyfriend was born in California, but moved to Canada with his parents when he was 2 years old. Although he is a dual citizen (US and Canada), he does not have any tie in the US. He's been living in Canada his entire life! We've tried to find similar scenarios from other experienced couples, unfortunately there just aren't that many peoples with similar cases.

Long story short, We've been dating for a little over year, have been living together since Aug 2015, met both sides of your parents, and have travelled to a few places in the US and Europe. We have joint accounts (for joint expenses, savings and what not) and a joint credit card. We both will turn 30 next year, and want to start the next chapter of our lives together in San Diego.

I have a few questions about applying for a K1 Visa...

1) Can we apply immediately (within a month) after we get engaged? Or is it recommended to wait at least a few months?

2) Is there any reason for USCIS to decline our application since we don't technically need to get married in the US to be together?

3) He has filed income taxes with the IRS, but no taxes were paid since he was a non-resident with oversea income only. We both have a decent amount of savings and investments (combined over $80k) along with my home equity approx. US$150k. Can I use my own assets along with his savings about $40k to meet the requirement for Affidavit of Support? His assets alone does not meet the min. requirement (I think it's 3x of the min. poverty income or something).

Any help will be greatly appreciated!!!

Edited December 9, 2015 by Danni_xo

[Unshakable Faith 493]

My boyfriend and I have been planning to move to San Diego, CA in Sept or Oct 2016. I am a Canadian Citizen. My boyfriend was born in California, but moved to Canada with his parents when he was 2 years old. Although he is a dual citizen (US and Canada), he does not have any tie in the US. He's been living in Canada his entire life! We've tried to find similar scenarios from other experienced couples, unfortunately there just aren't that many peoples with similar cases.

Long story short, We've been dating for a little over year, have been living together since Aug 2015, met both sides of your parents, and have travelled to a few places in the US and Europe. We have joint accounts (for joint expenses, savings and what not) and a joint credit card. We both will turn 30 next year, and want to start the next chapter of our lives together in San Diego.

I have a few questions about applying for a K1 Visa...

1) Can we apply immediately (within a month) after we get engaged? Or is it recommended to wait at least a few months?

2) Is there any reason for USCIS to decline our application since we don't technically need to get married in the US to be together?

3) He has filed income taxes with the IRS, but no taxes were paid since he was a non-resident with oversea income only. We both have a decent amount of savings and investments (combined over $80k) along with my home equity approx. US$150k. Can I use my own assets along with his savings about $40k to meet the requirement for Affidavit of Support? His assets alone does not meet the min. requirement (I think it's 3x of the min. poverty income or something).

Any help will be greatly appreciated!!!

If you have plans of marrying you can petition now. Engagement does not mean you have a ring. The only requirement is that you've met in the past two years. Which you two have clearly satisfied that requirement.

You can get married anywhere and file a spousal visa or stay engaged and go the K1 route. With a K1, you can only marry in the states. The only issue I see arising with what you've posted is your bf will have to prove domicile and show that they are traveling to the US before you or with you.

Using assets is tricky and they have to be liquid assets, which means things that can be easily sold. A primary residence is not considered a liquid asset. I would begin looking for a U.S. co-sponsor. You will not need their information until the interview stage but it's good to have it already lined up. You cannot combine both of your incomes and assets to meet the requirement. One person had to soley qualify.

Hope this helps!

Edited December 9, 2015 by FN&KO

[Danni.B 37]

If you have plans of marrying you can petition now. Engagement does not mean you have a ring. The only requirement is that you've met in the past two years. Which you two have clearly satisfied that requirement.

You can get married anywhere and file a spousal visa or stay engaged and go the K1 route. With a K1, you can only marry in the states. The only issue I see arising with what you've posted is your bf will have to prove domicile and show that they are traveling to the US before you or with you.

Using assets is tricky and they have to be liquid assets, which means things that can be easily sold. A primary residence is not considered a liquid asset. I would begin looking for a U.S. co-sponsor. You will not need their information until the interview stage but it's good to have it already lined up. You cannot combine both of your incomes and assets to meet the requirement. One person had to soley qualify.

Hope this helps!

Thank you very much for your input!

[NikLR 13,227]

Assets don't have to be liquid, just able to liquidate within 1 year and without causing undue hardship on the petitioner (aka not a main home or car.)

There is also the issue of domicile for fiance. He would need to get some ties to the USA.

To be honest, the K1 is the more expensive route. However if you're near Vancouver, it maybe be cheaper due to flying to and from Montreal (the only place for CR1 interviews.)

[Danni.B 37]

Assets don't have to be liquid, just able to liquidate within 1 year and without causing undue hardship on the petitioner (aka not a main home or car.)

There is also the issue of domicile for fiance. He would need to get some ties to the USA.

To be honest, the K1 is the more expensive route. However if you're near Vancouver, it maybe be cheaper due to flying to and from Montreal (the only place for CR1 interviews.)

Hi NLR, thanks for your reply!

In terms of domicile, our plan is to rent for a year once I get the K1 Visa. He doesn't want to move there first without me. Is there anyway to go around this issue?

His aunt lives in LA, can we use her address temporarily? We plan to move to San Diego tho...

In fact, we do live in Vancouver.

[NikLR 13,227]

It's possible to live with family first and then rent later. I don't have much experience with Vancouver, but Montreal is quite strict on domicile. Domicile (establishment or reestablishment or intent thereof) is completely up to the CO at the interview.