K1 Fiance Visa

[212GUY 0]

Hi All,

 

So my fiance and I are in a complex situation right now. I am a United States citizen and my Fiance is an Indian citizen who is currently residing in Canada as an International student and also had a valid B1/B2 Visa expiring in 2025. She had visited me in NY multiple times using that visa. Few Days ago I went up in Canada to visit her and we made the decision of moving in together. With that being said I packed all her stuff and load up my SUV. She had so much stuff that there was no space even in the front passenger seat. So I told her to take the bus from Toronto to NY. So as I am driving down I came across US customs at Buffalo port of entry. Officer saw all my stuff and asked whose belongings are they and I told him those belongs to my girl friend. Afterwards I was asked to give my girlfriend's full name and date of birth. The officer then came back and advised these are 3rd party goods and I need to go back to Canada and drop her stuff and then only I can cross the border. So I started driving back for Toronto. In the mean time my fiance was stopped at the port of entry, multiple officers questioned her why was she not riding with me in the car and took the bus. She kept on saying the truth which is, we had a lot of stuff. Officer took her passport and cancelled her B1/B2 and advised her that she is a Fiance of a US citizen and cannot enter the US anymore with a B1/B2 and also advised her to obtain a K1 Fiance visa. And after that they sent her back to Canada. Afterwards when I was driving back home empty they stopped me at the border again and told me to go inside for secondary inspection. I did and now the officer asked me the same question, why was she not with you. I told him the reason and he didn't want to believe me, so started asking me random questions. After 15-20 minutes of interrogation they said, "Ok sir you are a US citizen and you are free to go now" and I asked what about my fiance, they said she was sent back to Canada and is no longer allowed in the US with a B1/B2 visa. I had no knowledge of a K1 Visa and learned about it for the first time 2 days ago.

So my questions

 

Given the situation we are in, is there a possibility for her to get a new K1 Visa? 

 

Do I need to hire an attorney for my case?

 

Can my Fiance apply for K1 Visa from Toronto, Canada or will she have to go back to her native India and apply from there?

 

I'm sorry for the long explanation guys but for the past few days we are both heart broken and feeling like the sky just fell on us.

 

Any kind of help/advice is highly appreciated.

 

God bless!

 

-JP

 

[Roel 7,192]

If she's in Canada legally then yes, she can have her medical and interview there. 

 

Yes, you should file for k1 visa. Or cr1 visa if you want to get married in Canada.  You can find guides on this website. So please read those before you start asking questions avout the process. 

 

Be aware that waiting time for k1 is about 8 to 10 months. Cr1 12 to 14 months. I assume your fiance is able to keep her legal status in Canada that long. 

 

And I'm sorry but your fiance was rightfully denied. It honestly sound like you were trying to "smuggle " all her stuff through the border and she thought she will immigrate on her tourist visa. Which is a fraud. 

 

You don't need an attorney. Process is pretty easy and 90% of people from this site file the paperwork on their own. 

Edited March 7, 2018 by Roel

[TNJ17 1,329]

They were right to deny her entry and deny you to bring her stuff in and to question you. You should have known better. Moving countries is not like moving states. A tourist visa is exactly that a tourist visa. She will never be able to get that again as they will always assume she has immigrant intent and if she was willing to break the rules then what will stop her in the future. Good thing is it won’t affect K1 or CR1. She won’t be able to visit you, but you can visit her. If she is legally a permanent resident in Canada, and that means keeping her conditions for whatever permanent status visa she had at the time of medical and interview, she can interview and do medical in Canada. Now, I must mention this, if she was all packed and ready to leave Canada, does she still possess the conditions which are required to keep her permanent status? For example, you say she’s a student, is she still enrolled in classes? Because if she had quit everything to come live with you, she’s out of status and thus not a permanent resident. You both need to look into that and make sure she is actually legally living in Canada.

 

Do your research, this website is a good source, but get the facts directly from the source. Don’t assume everything is ok and make more mistakes like you did. All because you didn’t do your research. Had you done it, you wouldn’t be in this pickle. Good luck.

[Crazy Cat 41,974]

Your fiance appeared to have been attempting to enter the US via a tourist visa with the jntent to stay and adjust status.  Its a text book case of perceived  potential visa fraud, imo.

 

That being said, as @Roel stated, you should file for K-1 or CR-1.  The B2 cancellation, itself, won't have any negative efect.

Edited March 7, 2018 by missileman

[212GUY 0]

Hi Roel,

 

Thank you for your advice. And I am really not knowledgeable in our immigration system. I thought since she already had a US visa what's the big deal and we both had Zero clue about the K1 Visa. I guess our lack of knowledge is costing us now! And yes she is in Canada legally as an international student for the next 3 years. Hope I can bring her down with that K1 Visa now. Also the immigration officer told her that they are not filing a case against her, but she still needs to obtain the proper visa. Thanks again

[Roel 7,192]

Well, the name TOURIST visa should give you guys a clue.

 

Yes, file for K1 visa. This will allow your fiance to enter the US and you'll have 90 days to get married. Then you need to start another process - Adjustment of Status. It needs to be done in order for your fiance to receive a Green Card. Then 2 years after she receive her Green Card, there will be another process.

 

You both REALLY need to do some reading. There are certain steps that needs to be done. A lot, lot, lot of waiting. And a lot of money involved.

 

[Marieke H 2,512]

Immigrating is more complicated than just packing up and driving across the border. Her B visa was for visiting, not for living in the US. And traveling separately made it look even more suspicious. 

 

Apply for the K1, or get married and apply for CR1, and be patient. She probably won't be allowed to visit you, but you can still visit her during the process. 

[Ben&Zian 4,398]

Also with all this, like @Roel said, you must consider the costs also. Not just "moving" costs; but the I-129f petition fees, medical, visa/interview fees, then once in the US have the AOS fees. It adds up to an easy $2,000 for the K-1 visa process and really more with all the extras that come up.

[212GUY 0]

10 minutes ago, TNJ17 said:

They were right to deny her entry and deny you to bring her stuff in and to question you. You should have known better. Moving countries is not like moving states. A tourist visa is exactly that a tourist visa. She will never be able to get that again as they will always assume she has immigrant intent and if she was willing to break the rules then what will stop her in the future. Good thing is it won’t affect K1 or CR1. She won’t be able to visit you, but you can visit her. If she is legally a permanent resident in Canada, and that means keeping her conditions for whatever permanent status visa she had at the time of medical and interview, she can interview and do medical in Canada. Now, I must mention this, if she was all packed and ready to leave Canada, does she still possess the conditions which are required to keep her permanent status? For example, you say she’s a student, is she still enrolled in classes? Because if she had quit everything to come live with you, she’s out of status and thus not a permanent resident. You both need to look into that and make sure she is actually legally living in Canada.

 

Do your research, this website is a good source, but get the facts directly from the source. Don’t assume everything is ok and make more mistakes like you did. All because you didn’t do your research. Had you done it, you wouldn’t be in this pickle. Good luck.

Hi TNJ17. Thank you for your advice. And yes she is still enrolled full time in her school. And she was allowed in by Canadian Customs agents.

[Roel 7,192]

Good. If she lost her legal status her, she'd have to go back to her country for medical and visa interview.

[Boiler 45,639]

She has 3 years more to finish her studies, so sounds like you have plenty of time to sort things out.

[212GUY 0]

12 minutes ago, missileman said:

Your fiance appeared to have been attempting to enter the US via a tourist visa with the jntent to stay and adjust status.  Its a text book case of perceived  potential visa fraud, imo.

 

That being said, as @Roel stated, you should file for K-1 or CIMO.  The B2 cancellation, itself, won't have any negative efect.

Thank you for your advice.  I am a law abiding citizen and really had no clue about different visa types.

[yuna628 9,680]

OP: If you want to apply for a K1, it's a fairly simple process so long as you don't have any complicated history. Follow the guides here, a lawyer will not be needed. Your g/f will be unable to visit you or enter the US as a visitor anymore unfortunately. As you say she will be a student in Canada for the next three years, you've got some deciding to do.

 

A K1 visa gives you the permission to bring her to the US with the intent of marrying her. But she will be unable to travel or work in the US until authorized. After marriage you must apply for adjustment of status, and this may take up to a year to obtain. You can obtain temporary work/travel documents while waiting, but there is a waiting period for that too. The end result of adjustment of status is a green card. However green cards are for living in the US with you, and if she has prior commitments and obligations regarding her studies in Canada you're going to have to figure out what to do regarding that. Only consider marriage, living together, and obtaining a visa + green card when you are BOTH ready to do so.

 

The same goes for a marriage visa. Since she cannot enter the US without a visa, you'd need to marry her in Canada. You'd then go through the process of filing a marriage visa. It takes longer, but the end result is she does not have to wait or file adjustment of status to receive a green card. She will have a green card at the end of the marriage visa process. However, the problem mentioned above is the same - only start this process when you are able to do so. Green cards are for living in the US. I think you'll have a lot to plan and arrange, but if being together someday is the goal, you certainly have options. Continue to visit her in the Canada, since she cannot come to you for now.

[212GUY 0]

4 minutes ago, yuna628 said:

OP: If you want to apply for a K1, it's a fairly simple process so long as you don't have any complicated history. Follow the guides here, a lawyer will not be needed. Your g/f will be unable to visit you or enter the US as a visitor anymore unfortunately. As you say she will be a student in Canada for the next three years, you've got some deciding to do.

 

A K1 visa gives you the permission to bring her to the US with the intent of marrying her. But she will be unable to travel or work in the US until authorized. After marriage you must apply for adjustment of status, and this may take up to a year to obtain. You can obtain temporary work/travel documents while waiting, but there is a waiting period for that too. The end result of adjustment of status is a green card. However green cards are for living in the US with you, and if she has prior commitments and obligations regarding her studies in Canada you're going to have to figure out what to do regarding that. Only consider marriage, living together, and obtaining a visa + green card when you are BOTH ready to do so.

 

The same goes for a marriage visa. Since she cannot enter the US without a visa, you'd need to marry her in Canada. You'd then go through the process of filing a marriage visa. It takes longer, but the end result is she does not have to wait or file adjustment of status to receive a green card. She will have a green card at the end of the marriage visa process. However, the problem mentioned above is the same - only start this process when you are able to do so. Green cards are for living in the US. I think you'll have a lot to plan and arrange, but if being together someday is the goal, you certainly have options. Continue to visit her in the Canada, since she cannot come to you for now.

Really appreciate the advice. Thank you, please keep us in your prayers. 

[212GUY 0]

13 minutes ago, Roel said:

Good. If she lost her legal status her, she'd have to go back to her country for medical and visa interview.

Ok one more question. How will this encounter affect my future travel? Will I be separated and taken in for additional questioning every time I return home?