We are both living abroad! Can we still apply for the K1?

[irisheyes123 66]

My old J1 visa states that I’m not subject to the two year rule (thank goodness)

[carmel34 3,531]

3 hours ago, cathykerbey said:

thank you @carmel34 - we have no problem being apart for 3-6 months. we realize we are very lucky and a lot of couples have it a lot worse than us. 

you might have an insight on this: 

 

We moved to Canada in September 2019 on a 2 year visa because my J1 VISA in the US expired and we wanted to make sure that we were suited to marry and eventually move back. I am from Ireland. IF the process for the CR-1 visa is taking over a year - would it be possible to SUBMIT the paperwork from Canada, and schedule the interview in Dublin, Ireland seeing as my Canadian visa will most likely be up by the time the interview comes around. 

 

Apologies and I appreciate your advice!

Yes you can file the I-130 petition from anywhere, it gets sent to the US then assigned to a USCIS service center.  Follow the instructions on the USCIS website exactly for how to do this.  And fees can be paid by credit card.  I would suggest that if you will be in Ireland for the interview, that you put your permanent mailing address as your address in Ireland and state Dublin as your interview location, then include your Canadian address as your current residency address.  The petition will take 6-8 months, sometimes longer, to be adjudicated, then after approval there is about another 4-6 months before the interview, so if you'll be living in Ireland a year after filing then that's where you will be interviewed.  You can file the I-130 as soon as you get married and have a marriage certificate.  Good luck with the process!  I recommend both you and the USC petitioner spend lots of time here on Visa Journey reading the guides and threads and also get to know the USCIS website info and NVC website info.  All the best!

Edited July 11, 2019 by carmel34

[beloved_dingo 1,934]

I might have missed someone saying this, but the common-law marriage might make the OP "too married" for the K-1/fiance option anyway. (And CR-1 is definitely the better choice based on the circumstances presented in this thread)

[NikLR 13,220]

2 hours ago, beloved_dingo said:

I might have missed someone saying this, but the common-law marriage might make the OP "too married" for the K-1/fiance option anyway. (And CR-1 is definitely the better choice based on the circumstances presented in this thread)

Not really because common-law in Canada is different than US common law.  https://shulman.ca/common-law-relationships/rights-obligations-common-law-couples-ontario/

Quote

Living common-law means you are living with a person who is not your spouse, but with whom you have a conjugal relationship, and to whom at least one of the following situations applies:

1. They have been living with you in a conjugal relationship for at least 12 continuous months.

   Note
   In this definition, 12 continuous months includes any period you were separated for less than 90 days because of a breakdown in the relationship.

2. They are the parent of your child by birth or adoption.
3. They have custody and control of your child (or had custody and control immediately before the child turned 19 years of age) and your child is wholly dependent on that person for support.

 

Did you know...

You are still considered to have a spouse or common-law partner if you were separated involuntarily (not because of a breakdown in your relationship). An involuntary separation could happen when one spouse or common-law partner is living away for work, school, or health reasons or is incarcerated.

[https://www.canada.ca/en/revenue-agency/services/tax/individuals/topics/about-your-tax-return/tax-return/completing-a-tax-return/personal-address-information/marital-status.html?fbclid=IwAR2udxdNRBhmPEo2Am7SJ0nvw-Emuc3G_PiJfsSPG0Lply-t1JwMN2ExgBM#common_law]

Edited July 11, 2019 by NikLR

[DrSteve 0]

On 7/11/2019 at 6:45 AM, JFH said:

You can get married wherever you want for the spousal visa route. Canada, Iowa, Ireland, Bahamas, wherever your mood and your budget takes you. The only requirement is that the marriage is legal. 

 

The K-1 is most suited for couples who have the following four characteristics in their situation:

 

- don’t already live together

- the foreign partner cannot easily visit the US (comes from a country where visitor visa denial rates are high, particularly for single people with a love interest in the US)

- getting married in the foreign partner’s country is difficult due to costs, waiting periods, visa requirements, language issues, etc

- cannot bear to be apart after marriage 

 

You have none of the above, realistically. You’re already living together, you can easily visit the US to get married here if you wish, you can easily get married in Canada if you wish. And you are already living together so the fourth one doesn’t apply. 

 

Montreal embassy is very hot on domicile requirements. It’s very likely your husband will need to move back to the US before your interview. You can continue to visit at any point. He can visit you. You may be living apart for a few months but most of us going through this survive a lot longer apart. It is survivable. 

K-1 is also useful for same sex couples where the fiance lives in a country that does not recognize same sex marriage.  Somewhat germane to this discussion but inapplicable to Canada, or Iowa.

[SusieQQQ 11,584]

3 hours ago, DrSteve said:

K-1 is also useful for same sex couples where the fiance lives in a country that does not recognize same sex marriage.  Somewhat germane to this discussion but inapplicable to Canada, or Iowa.

As long as the couple marries somewhere it’s recognized then it’s irrelevant whether or not it’s recognized in the home country.

[jumbo mambo 4]

On 7/10/2019 at 8:43 AM, cathykerbey said:

Hello!

 

Myself and my partner Michael are currently living in Toronto on a two year work permit. I am from Ireland, and he from the US. When our Canadian visas expire (September 2020) we want to move back to the US, so now we are starting to put together our I-129F Packet. My question is - if he shows connections (i.e work contract/offer for September 2020) to the U.S are we able to apply from Canada while we wait it out, or should he move back to the U.S now? We would prefer to remain living together during this process.

 

Any tips out there? Thanks!

 

-Cathy

best choice ? Go to u,s get married, back to  Canada apply to u,s embassy (via Chicago & NVC ) for I-130.work in Canada, when the IR1 issued go back to u,s together with immigrant visa... 

easyyyyyyyyy...

[irisheyes123 66]

Thanks @jumbo mambo ! Can I ask why you suggest getting married in the US? Does it look better on our application instead of Canada? Thanks

[jumbo mambo 4]

26 minutes ago, cathykerbey said:

Thanks @jumbo mambo ! Can I ask why you suggest getting married in the US? Does it look better on our application instead of Canada? Thanks

Hi Cathy

YES , I definitely think its much better and looks and works better and that is not only for legal purposes but for all other reasons.

According to the law it'll say that it doesn't realty matter where the marriage took place so it all legal  and YES

BUT  if the marriage takes place in the U.S jurisdiction its much better BECAUSE   if you both were U.S citizens that would be easier to marry in Canada or elsewhere and maybe less paper work but you are an Ireland citizen and he is U.S  so  that would bring some extra paper work, questions and  stuff like that. so if you go and get the marriage licence in his state and city  that way you are in better hands because the documents will work better. if you know what I mean .

I just noticed that you plan to go for I-129F Fiance visa and  its ok but I would say dont do that because after entering to U.S you have to go thru the Adjustment of Status hustle and that is nowadays is like a hell. so dont do that and  just  go for I-130  immigrant relative visa 

that way you maybe wait little longer in Canada but if you do I-129F you have to prepare almost the same documents , like medical exam and enter to U.S with the same closed envelope and the U.S immigration interview at the POE and  start for AOS process ..so  why do that ? just go for I-130 and you ll be done sooner.

So I would still say go  together to his state and city and do the marriage and fly back. As you know applying for I-130  used to be directly thru the embassies but no more  so you have to apply thru the NVC and after you apply you ll have  your fingerprinting first and that follows the interview in the embassy and than receiving the immigrant visa and the POE and receive your residency in a matter of weeks  . so if you ask me that is better because you ll be living in the U.S so why go thru all the hustle and questions , like why in Canada, have you travelled to u,s with him and buncha other questions by USCIS ,so if you do it in the U.S thats it  its a matter of U.S  ..DONE

[irisheyes123 66]

@jumbo mambo that makes total sense. thank you!! we were initially thinking of going for the I-129 but you and the other people on here are right: the I-130 is definitely the way to go  if we couldn't do the wedding in his hometown (which is difficult to get to lol) could we get married in Buffalo NY (somewhere near Toronto) or would that defeat the purpose? 

[jumbo mambo 4]

2 minutes ago, cathykerbey said:

@jumbo mambo that makes total sense. thank you!! we were initially thinking of going for the I-129 but you and the other people on here are right: the I-130 is definitely the way to go  if we couldn't do the wedding in his hometown (which is difficult to get to lol) could we get married in Buffalo NY (somewhere near Toronto) or would that defeat the purpos

Cathy 

You re very welcome , yes everyone else is right because as I mentioned you have to go thru almost to same thing so instead of I-129F  I-130 is better  except if the application is denied you cant appeal the decision .

if you are in Toronto yes  Buffalo NY is the best and closest city but Detroit or  Chicago is also same ,

yes you dont have to go to his hometown just to get a marriage licence so  you both can marry in any state and city.

 

by the way. as you may know there are three different ways for you to do this 

1- Getting the I-130 immigrant relative visa and entering to u.s and receiving a conditional card followed by a LPR card 

2- Getting a  K-1  and enter the u.s  and marry within 90 days and apply for Adjustment of status 

2- Getting married in that country and obtaining a  K-3 visa and entering to U.S and applying for Adjustment of Status 

As far as marrying outside of his home state concerns maybe  there will be some other extra  paper works  about him as non-resident of that state where marriage took place  and the taxes and all that questions will arise 

but it can be done..

 

[Just Paul 4,591]

On 7/17/2019 at 3:44 PM, jumbo mambo said:

2- Getting married in that country and obtaining a  K-3 visa and entering to U.S and applying for Adjustment of Status 

 

Incorrect.   Marrying in country is a spousal visa, I-130.  Marry anywhere you want, where it is legally available.  For example we married in Hong Kong.

 

[TBoneTX 43,157]

An off-topic post has been removed.

[Nitas_man 3,100]

On 7/17/2019 at 3:50 PM, cathykerbey said:

Thanks @jumbo mambo ! Can I ask why you suggest getting married in the US? Does it look better on our application instead of Canada? Thanks

I will chime in here.

No - LOL it doesn’t make a difference where you get married.  This “go marry in the US” thing is a derail.  MANY of us married outside the US.

 

Do you have some sort of residence/address/ties back to your home country?

The reason I am asking is on a temporary stay in a 3rd country where you think you may return to before the I130 is processed it might be better to file with permanent address in your home country / temporary in Canada.

Edited July 26, 2019 by Nitas_man

[Nitas_man 3,100]

On 7/17/2019 at 5:00 PM, jumbo mambo said:

Hi Cathy

YES , I definitely think its much better and looks and works better and that is not only for legal purposes but for all other reasons.

 

 

We don’t actually advise others here on what we “think”.  

 

We advise based on what the rules say and what our experiences reflect.

 

Any post implying that “a case looks better” based on flying over / getting married in the US directly contradicts thousands of real experiences.