Must I return to Canada before my American fiancée files her petition?

[Moose_God89 0]

Hi!

I'm currently a Canadian citizen hoping to marry my American fiancée and join her in California. We were previously advised to wait to file the petition until we could provide material evidence of our engagement (while our intentions have been mutually understood for a while I was waiting to receive an heirloom ring before making it "official")- this will be possible during a lengthy visit (5 months) starting next month and we were hoping file the petition as soon as possible during my stay.

My question: is it possible for my fiancée to file while I am still in the US, and if so would this cause any difficulties during the process, especially in light of the length of my visit?

Given the duration of my stay there we would rather not delay the petition until after I had left. I also realize the risks involved with visiting after the petition has been filed.

Thanks for any help or insights any of you can give. Best of luck on your own applications!

Edited April 23, 2016 by Moose_God89

[A'n'L 735]

Hi,

First of all, I'm sorry you've been given bad advice. No "material" proof of engagement is necessary. The only requirement is that you have met in person and both wish to marry.

The petition can be filed when you're in the US, but you need to return to Canada for medical and interview. Given current processing times, you would be at that stage before your visit is over. You could ofc delay further processing until you're back.

Edited April 23, 2016 by A'n'L

[Moose_God89 0]

I see... We were told that there should be evidence of our engagement (announcements, photos of the ring, etc). So I should be able to stay a couple of months after the petition is filed without issue?

Thanks!

[A'n'L 735]

I see... We were told that there should be evidence of our engagement (announcements, photos of the ring, etc). So I should be able to stay a couple of months after the petition is filed without issue?

Thanks!

Who told you that? The only thing you need are proof of having met and letters if intent to marry.

As long as your presence is legal, you can visit.

[Moose_God89 0]

Who told you that? The only thing you need are proof of having met and letters if intent to marry.

As long as your presence is legal, you can visit.

A lawyer my girlfriend consulted in San Diego. He suggested as a precaution we should be able to provide evidence of the engagement itself should they request it.

[mdcatelli 16]

A lawyer my girlfriend consulted in San Diego. He suggested as a precaution we should be able to provide evidence of the engagement itself should they request it.

I think the only thing we provided for proof of engagement was a ring receipt. But it's not really necessary.

[Georgia16 2,858]

A lawyer my girlfriend consulted in San Diego. He suggested as a precaution we should be able to provide evidence of the engagement itself should they request it.

Forget that lawyer and do it yourself! ...

Read read and read in here there are so much info and it's not hard to do it yourself with that info. Start by reading the guides on the top tab for the K-1 visa.

[Mwar 14]

Proof of engagement not a deal breaker. You just need to prove an on going relationship. If you are already in the USA, no need to leave if you are adjusting status. You can just go ahead and adjust instead of moving out and starting the cr1 from scratch. Plus it's faster too.

[Moose_God89 0]

Thanks for the help!