US Citizen with Canadian Citizen Both Living In Canada Looking to Relocate to US

[earthboundchild 1]

I am a U.S. Citizen residing in Canada as a Permanent Resident. My Fiancee is a Canadian Citizen. We have been together for 9 years, engaged for 6 years. My mother lives in South Dakota and I am considering relocating to her town. I have read that it takes approximately 3-6 months to process the K-1 Fiancee visa. I have also read that Canadians are legally allowed to visit the U.S. for up to 6 months. Can my Fiancee and I visit my mother in the U.S. and file for the K-1 Fiancee visa during our visit? I don't want us to be separated during this process, if possible.

I understand that once my Fiancee obtains the K-1 visa that we can get married in the U.S. within 90 days, and from there, file for the Petition For Alien Fiancee (Form I-129F) and then apply for Permanent Residence. This is our goal.

My mother is willing to act as a joint sponsor in the case that I am ineligible to be sole sponsor for any reason. The only issue I have is finding out whether we can begin the K-1 visa process while my Fiancee is in the U.S. visiting. I have read conflicting information on this subject and I do not want myself or my Fiancee to face any legal issues due to this.

If you can shed any light on this matter, that would be enormously appreciated.

[NuZayetsPogodi 117]

Hi and welcome! You can absolutely file an I-129f while your fiance is in the US. However, your fiance must complete the process at the embassy closest to his/hr permanent address in Canada, so he/she must return home for the medical and interview portion of the K-1 process. It doesn't take 3-6 months for this process unless you happen to get very lucky! It's taking most people now about 2-3 months to get their I-129f petition approved, and then it takes at least 2-3 months beyond that to schedule an interview, go for a medical exam, etc, and receive a visa. As a US citizen, you won't have legal problems applying for a K-1. However, you must make enough money (as declared on your US tax returns) to sponsor your future spouse (your mom can co-sponsor) and you must be able to show you have a permanent residence in the US when you file for AOS (after you get married and she files for a green card). It sounds like you have a good plan and you're on your way to getting your ducks in a row.

[C-ma'am 684]

Hi and welcome! You can absolutely file an I-129f while your fiance is in the US. However, your fiance must complete the process at the embassy closest to his/hr permanent address in Canada, so he/she must return home for the medical and interview portion of the K-1 process. It doesn't take 3-6 months for this process unless you happen to get very lucky! It's taking most people now about 2-3 months to get their I-129f petition approved, and then it takes at least 2-3 months beyond that to schedule an interview, go for a medical exam, etc, and receive a visa. As a US citizen, you won't have legal problems applying for a K-1. However, you must make enough money (as declared on your US tax returns) to sponsor your future spouse (your mom can co-sponsor) and you must be able to show you have a permanent residence in the US when you file for AOS (after you get married and she files for a green card). It sounds like you have a good plan and you're on your way to getting your ducks in a row.

[earthboundchild 1]

Thanks for the swift reply!

From the sounds of it, it will take 3 months for approval, and another 3 months until she has her interview and medical exam. So after the approval and exam/interview, how long generally will it take for the visa to come in? Also, if she spends her 6 months in the US as a visitor, will she be allowed back into the states with the visa, or will she have to wait for the next year?

Thanks again!

[Max! 10]

Why not apply Direct Counslate Filing. ( I am sure Canada has that option ) for i130 Check with US embassy in Canada webpage which would take less time

Or file for normal i130 and save some cost you can get married in Canada and relocate to US

[earthboundchild 1]

Thank you for your suggestion, Max!

After looking into it a little, itdoes seem like a fast track option, though according to this website: (http://www.***removed***/greencard/***removed***/direct-consular-filing.html), Canada does not offer DCF. Can anyone confirm if they've gone through this process?

[Max! 10]

Thank you for your suggestion, Max!

After looking into it a little, itdoes seem like a fast track option, though according to this website: (http://www.***removed***/greencard/***removed***/direct-consular-filing.html), Canada does not offer DCF. Can anyone confirm if they've gone through this process?

Maybe this old link will help you

http://www.visajourney.com/forums/topic/621-dcf-canada-yes-virginia-you-can/

[earthboundchild 1]

If we get married here in Canada, and we then try to visit a few weeks after marriage, will that raise any red flags at the border? I've read many cases that there is an idea of needing two years of marriage. Does that hold any weight? The most confusing aspect of this is all of the different information floating around out there.

[Max! 10]

If we get married here in Canada, and we then try to visit a few weeks after marriage, will that raise any red flags at the border? I've read many cases that there is an idea of needing two years of marriage. Does that hold any weight? The most confusing aspect of this is all of the different information floating around out there.

Don't know about raising flags that's all depends on CO as long as you have return tickets and strong tie to Canada you should be fine

You can file i130 and travel is okay too I think from my research.

As long as you return back to Canada.