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lizzie76

Must live in US to sponsor K-1 visa?

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Hello, my fiance and I live together in Vancouver and will be moving to the Texas. He is an American but has lived in Canada for over 30 years with a Canadian PR, hasn't lived in the US since he was 5. Does he need to live back in the US before we can apply for a K-1 visa for me or can we start the process while living in Canada? He also wants to get a visa for his mom as well, shes a Canadian citizen. Can he sponsor us both at the same time? Any help or direction is appreciated, thank you 

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You can apply for a K1 from abroad fine. Just make sure to gather a lot of proof that he intends to re-establish domicile in the US, and that he can properly provide for you, as that is a requirement for you to adjust status to legal permanent resident (AOS) once in the country. A K1 will likely be around 7-10 months to process in total. Just so you know, current AOS processing times in Houston are 19-24 months. If you decide to instead marry in Canada, and have him petition for you as his wife, you'd have to wait slightly longer to move (12-15 months) but you'd get the green card right away upon US entry. Whichever option you choose, make sure he's filed his US taxes for at least the past three years, or he'll need to back-file.

 

Only USCs can petition for a parent to come over. So you'd have to wait until you naturalized before you could petition for your mother. That said, there might be other visas she can look into that does not require a family member to sponsor her - all depends on her situation and what she wants to do here.


Swedish/American couple, met at university, eventually filed the I-129F petition in 2017.

K1 NOA1: 9/12/2017. NOA2: 3/10/2018. Case # Assigned: 3/28/2018. Embassy Received: 3/29/2018. Medical: 4/18/2018. Interview: 5/3/2018. VOH: 5/8/2018. US Entry (POE JFK): 5/24/2018.

 

AOS Package Sent: 6/4/2018. NOA1/Received Date: 6/5/2018. e-Notified: 6/11/2018. NOA1 Hardcopy: 6/14/2018. Biometrics Appt: 6/28/2018. I-485 Ready to be Scheduled for Interview: 7/25/2018. I-765 Card in Production: 9/19/2018. I-765 Card Mailed: 9/21/2018. I-765/I-131 Combo Card Received: 9/25/2018. GC Interview Scheduled: X/XX/2019. GC Interview: X/XX/2019.

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1 minute ago, USS_Voyager said:

Whose mom is this? He can sponsor his Mom, not your mom. You can sponsor your Mom after you become a US citizen.

My bad. Thanks for pointing this out. I read too fast and thought she wrote her mom, but if it's his mom then yes he can sponsor her, no problem there.


Swedish/American couple, met at university, eventually filed the I-129F petition in 2017.

K1 NOA1: 9/12/2017. NOA2: 3/10/2018. Case # Assigned: 3/28/2018. Embassy Received: 3/29/2018. Medical: 4/18/2018. Interview: 5/3/2018. VOH: 5/8/2018. US Entry (POE JFK): 5/24/2018.

 

AOS Package Sent: 6/4/2018. NOA1/Received Date: 6/5/2018. e-Notified: 6/11/2018. NOA1 Hardcopy: 6/14/2018. Biometrics Appt: 6/28/2018. I-485 Ready to be Scheduled for Interview: 7/25/2018. I-765 Card in Production: 9/19/2018. I-765 Card Mailed: 9/21/2018. I-765/I-131 Combo Card Received: 9/25/2018. GC Interview Scheduled: X/XX/2019. GC Interview: X/XX/2019.

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Posted (edited)

The K-1 is not a good idea.  Once you enter the US on the K-1 visa, you would need to marry and file for AOS to get a green card.  It will take 5-6 months for you to get work authorization and be able to leave the US and return.  

 

Since you both are living in Canada right now, just get marry and file for a spousal visa.  The spousal visa is superior to the K1.  You would be able to work and leave the US immediately and be able to return since you would automatically get a green card.

 

He can file for his mom at the same time as you.

 

HOWEVER, you have several problems.  US tax returns, domicile, and the Affidavit of Support.

 

Has your fiance been filing his US tax returns as required?  This is an absolute requirement.  No US tax returns, then no visas.  It's that simple.  A US citizen are required to file US tax returns on worldwide income even if nothing is earned in the US.  Your fiance needs to have US tax returns.

 

He hasn't lived in the US since age 5.  Domicile is a big issue when it comes to immigrating from Canada.  Your fiance may have to move first to the US without you to live and establish a US domicile.

 

The Affidavit of Support (I-134 for the K-1 or I-864 for the spousal visa) requires your fiance to have an income that will continue after you immigrate to the US.  If he is leaving his Canadian job, then that income will not count.  He needs to show he can financially support you.  If he can't meet the requirements, then he can have a US citizen or US green card holder be his Joint Sponsor.

 

There's lots to learn.  Good luck.

Edited by aaron2020

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