K-1 Advice needed

[Jay1992 2]

Hi everyone!

 

I am a new member of this website and I am so glad I came across it, a lot of knowledgeable people! I needed some advice on how to proceed the best way for my situation, I got engaged February 23rd in India to my fiance and came back to the USA, I am a US citizen and have been told by my friends to apply for the K-1 Fiance visa. My fiance will be coming to Toronto Canada April 13th on a student visa so I wanted to make sure Fiance visa is still the best route to go in this case. I am planning to get married January 4th 2020 so about 8 months from now. Is it best to go for the fiance visa and once approved I can simply get a court marriage done in USA and the religious marriage in India in January 2020? I was also told by a friend when my fiance arrives in Canada she can get a visitors visa to the USA and we can just get a court marriage done after we come back from India in January 2020 and do a "one step process", however that did not seem like a good idea to me! Another idea given to me was to marry my fiance in Canada when she comes April 13th on her student visa but I thought that may raise suspicious since she is getting married so soon after arriving to Canada and I was unsure of the process of bringing her back to the USA. Also if Fiance visa is still recommended, should I wait until she arrives in Canada April 13th or can submit the application now? I was thinking it may be wiser to until she arrives in Canada. Any advice would be appreciated, thank you all!  

[k_woood 5]

14 minutes ago, Jay1992 said:

Hi everyone!

 

I am a new member of this website and I am so glad I came across it, a lot of knowledgeable people! I needed some advice on how to proceed the best way for my situation, I got engaged February 23rd in India to my fiance and came back to the USA, I am a US citizen and have been told by my friends to apply for the K-1 Fiance visa. My fiance will be coming to Toronto Canada April 13th on a student visa so I wanted to make sure Fiance visa is still the best route to go in this case. I am planning to get married January 4th 2020 so about 8 months from now. Is it best to go for the fiance visa and once approved I can simply get a court marriage done in USA and the religious marriage in India in January 2020? I was also told by a friend when my fiance arrives in Canada she can get a visitors visa to the USA and we can just get a court marriage done after we come back from India in January 2020 and do a "one step process", however that did not seem like a good idea to me! Another idea given to me was to marry my fiance in Canada when she comes April 13th on her student visa but I thought that may raise suspicious since she is getting married so soon after arriving to Canada and I was unsure of the process of bringing her back to the USA. Also if Fiance visa is still recommended, should I wait until she arrives in Canada April 13th or can submit the application now? I was thinking it may be wiser to until she arrives in Canada. Any advice would be appreciated, thank you all!  

You should really start on the visa as soon as possible because it’s very time consuming to get all the evidence together.

 

****That being said, there’s no way the whole visa process will be done in 8 months, so you couldn’t do the January 2020 wedding and this fiancé visa. There just isn’t enough time for processing and approval. You could get married in January then do the spousal visa to bring her to the US, but the fiancé visa, in my opinion, wouldn’t be ideal for your situation. 

[Jay1992 2]

Oh, I actually have 2 friends who received a fiance visa within 6 months recently. Would it be possible to start the fiance visa now and get married in India January 2020 (just the religious ceremony) and when I come back to the USA and she goes back to Canada wait for the fiance visa to process and then get a court marriage done in the USA? 

[k_woood 5]

2 minutes ago, Jay1992 said:

Oh, I actually have 2 friends who received a fiance visa within 6 months recently. Would it be possible to start the fiance visa now and get married in India January 2020 (just the religious ceremony) and when I come back to the USA and she goes back to Canada wait for the fiance visa to process and then get a court marriage done in the USA? 

Right now, the wait time for K1 visa is 6-8 months (according to the USCIS website). If you think you have enough time, then go for it. But also it’s important to be conscious of the ceremony, even if it is just religious. Someone posted in the forum a couple months ago that they were denied because the person who interviewed them said they seemed “too married” already. Meaning they were denied on suspicion of already being married just because they had a formal engagement party (formal outfits, lots of guests, a celebration, etc.). 

 

So really, it’s up to you, if you think it’ll be done in time. There’s another thread right now about getting married while waiting for the k1 visa to be approved. That might be helpful. You really have to strict with the rules because any little thing can cause a denial. So even just a religious ceremony and not a legal one will probably cause issues. I’m not 100% sure on this, but it’s just some things to think about. 

[Jay1992 2]

Thank you k_wood!

[k_woood 5]

 

Just now, Jay1992 said:

Thank you k_wood!

I’m trying to be as helpful as I can because I know how much time and effort and stress goes into it all! It’d be crappy if you applied for the K1 and paid the money and then January rolled around and you didn’t know anything yet. I hope all the best and sending a good luck prayer your way!  

[Ontarkie 14,280]

~~Moved to What Visa Do I Need, from K1 P&P -as the OP has not filed for anything yet.~~

[SalishSea 17,928]

29 minutes ago, Jay1992 said:

Oh, I actually have 2 friends who received a fiance visa within 6 months recently. Would it be possible to start the fiance visa now and get married in India January 2020 (just the religious ceremony) and when I come back to the USA and she goes back to Canada wait for the fiance visa to process and then get a court marriage done in the USA? 

Not recommended......many, many have been denied for the K-1 at the consulate interview for having done "just a religious ceremony."  Please read as much as you can on this topic here on VJ.

[Shiran 1,134]

48 minutes ago, Jay1992 said:

Hi everyone!

 

I am a new member of this website and I am so glad I came across it, a lot of knowledgeable people! I needed some advice on how to proceed the best way for my situation, I got engaged February 23rd in India to my fiance and came back to the USA, I am a US citizen and have been told by my friends to apply for the K-1 Fiance visa. My fiance will be coming to Toronto Canada April 13th on a student visa so I wanted to make sure Fiance visa is still the best route to go in this case. I am planning to get married January 4th 2020 so about 8 months from now. Is it best to go for the fiance visa and once approved I can simply get a court marriage done in USA and the religious marriage in India in January 2020? I was also told by a friend when my fiance arrives in Canada she can get a visitors visa to the USA and we can just get a court marriage done after we come back from India in January 2020 and do a "one step process", however that did not seem like a good idea to me! Another idea given to me was to marry my fiance in Canada when she comes April 13th on her student visa but I thought that may raise suspicious since she is getting married so soon after arriving to Canada and I was unsure of the process of bringing her back to the USA. Also if Fiance visa is still recommended, should I wait until she arrives in Canada April 13th or can submit the application now? I was thinking it may be wiser to until she arrives in Canada. Any advice would be appreciated, thank you all!  

Suggest you read up https://www.visajourney.com/forums/forum/157-what-visa-do-i-need-family-based-immigration/ Your basic choices are K-1 vs CR-1, or fiance(e) vs marriage. Long term, marriage visa tends to be cheaper, and somewhat easier process, as it grants permanent resident status  right away, vs having to go through Adjustment of Status process you would have to go with K-1. How long will she be in Canada? It might make more sense to get married, and apply for CR-1 while she is studying. 

[Ontarkie 14,280]

Get married in Canada when she arrives there in April. As soon as the marriage certificate arrives (nothing is fast in Canada) start the CR1. That way you can keep your religious ceremony in India.

BTW since she wil be on a student visa she can interview in Canada. Religious ceremony will also be grounds for a K1 denial in Canada too. 

 

Oh and your friend suggesting the 'one step process' is giving bad advice. Entering the US with intent to adjust status is fraud. Start ignoring that friends advice.

[Jay1992 2]

Hi Shiran, she will be coming to Canada april 13th for a 2 year student visa to study

[David & Diana R 1,005]

41 minutes ago, Jay1992 said:

Oh, I actually have 2 friends who received a fiance visa within 6 months recently. Would it be possible to start the fiance visa now and get married in India January 2020 (just the religious ceremony) and when I come back to the USA and she goes back to Canada wait for the fiance visa to process and then get a court marriage done in the USA? 

You show me two people who got their fiance visas issued in 6 months and I'll eat my hat!

[Jay1992 2]

Hi Ontarkie,

 

I was given that advice and told it would raise some suspcision if she comes to canada and gets married right away? Also how long would the process take for her to be to come to the USA?

[David & Diana R 1,005]

43 minutes ago, Jay1992 said:

Oh, I actually have 2 friends who received a fiance visa within 6 months recently. Would it be possible to start the fiance visa now and get married in India January 2020 (just the religious ceremony) and when I come back to the USA and she goes back to Canada wait for the fiance visa to process and then get a court marriage done in the USA? 

You don't need two marriages.

 

[Jay1992 2]

8 minutes ago, Ontarkie said:

Get married in Canada when she arrives there in April. As soon as the marriage certificate arrives (nothing is fast in Canada) start the CR1. That way you can keep your religious ceremony in India.

BTW since she wil be on a student visa she can interview in Canada. Religious ceremony will also be grounds for a K1 denial in Canada too. 

 

Oh and your friend suggesting the 'one step process' is giving bad advice. Entering the US with intent to adjust status is fraud. Start ignoring that friends advice.

 

Hi,

 

I was given this advice but also told it may be suspicous if she gets married shortly after coming to canada?

Edited March 26, 2019 by Jay1992