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

[Nitas_man 3,100]

On 7/11/2019 at 4:37 PM, NikLR said:

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/

[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]

I believe you are correct but it was a valid point.  “Too married for K1” is showing up more and more often, sometimes based on what appears to be subjective application by a CO.

Formal marriage documentation and spousal visa seems to be appropriate for this case.  Lots of cool places to get married out there LOL.

[Nitas_man 3,100]

On 7/17/2019 at 1:16 AM, jumbo mambo said:

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...

Except for that pesky affidavit of support.

[jumbo mambo 4]

On 7/23/2019 at 1:30 PM, Paul & Mary said:

 

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.

 

incorrect ? I wonder if  you know what is the spousal visa application I-130 and K -3  fiancé visa and K-1  fiance visa differences .

K-3 is filed with I-130  application  because K-1 is just a fiancé visa and its valid only 1 single entry into U.S and the couple must marry within the 90 days ( not 3 months- 90 DAYS ) 

On the other hand K-3 is the same process of I-130 and  K-3 intended  to improve the speed of the waiting time for I-130 while abroad . also the spouse  can make multiple trips to U.S during the I-130 process and to get a K-3 visa you must be able to prove that you have an approval on your I-130 and pending .

so the only difference  between K-1 and K-3 the K-3 is litte more costly than the K-1 

Besides you got married in Hong Kong and you just used a Mexican permanent residency which was a smart act and registered your wife as a Mexican resident and that way you made your I-130 process faster  as the next door country and was done in a shorter period of time so  your wife got a conditional GC.  so  if Cathy or her u,s citizen finance would have a Canadian permanent residency and they would be in the same shoe with you and do the same thing ,

but unfortunately they dont... 

On 7/26/2019 at 1:03 AM, Nitas_man said:

Except for that pesky affidavit of support.

True 

[Just Paul 4,591]

8 minutes ago, jumbo mambo said:

K-3 is filed with I-130

K3 requires an accepted I-130 followed by an I-129F.   Just filing a I-130 get you a spousal visa (cr1)

 

3 K3's got approved this fiscal year.  All in latin america.

[jumbo mambo 4]

On 7/26/2019 at 12:52 AM, Nitas_man said:

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.  

 

I dont think or advise but I am just another guest here ,but if you are in xxxxxxx I  would not have any emotional content but just  follow the orders.

Therefore a legal marriage taking place in a country where the couple wish to reside  is always better, for example  if you marry in japan to a u.s citizen it will say that  if you are married in japan your are married in the u.s .YES  but  NO.... 

if you have an international marriage and plan to marry and live in Japan you should do that marriage in Japanese jurisdiction and live there but you can also use that to move to u.s or elsewhere but the marriage will always be recognized as Japanese marriage. it will work ,YES  but it will work better in Japan.

but if you plan to live in the U.S than its always better to let that marriage  take place in U.S jurisdiction and that will always be recognized as  a U.S marriage by all means . people dont do that and its not they dont wanna do that its because THEY CAN'T DO THAT ,because the person who are  their spouse to be  IS NOT ALLOWED ...unless they go thru that long  painful visa process

So thats why most without a choice  marry in overseas and try to use the immigrant visa to get to U.S otherwise their spouse would have no way or chance or  they have to use the K-1 ,K-3 or other visa rides  to let the finance  enter the U.S and apply for her/him here in the U.S .So either way its all pain in the xxx ....

Also thats one of the reason foreigners using the U.S birthright citizenship to gain an instant citizenship for their foreign kids because if they do that outside of U.S and are foreign nationals  their kids would not become an instant citizens  . would they .

[jumbo mambo 4]

19 minutes ago, Paul & Mary said:

K3 requires an accepted I-130 followed by an I-129F.   Just filing a I-130 get you a spousal visa (cr1)

 

3 K3's got approved this fiscal year.  All in latin america.

yes true  thats what I said.. a  K-3 can not be issued without an approved  I-130 but  not everyone is approved of their I-130 for  Cr1 or IR1 and once they are denied  they re in deep xxxx  .you used  the mexico connection right ? why didn't you wait in Hong Kong (where I lived in the 70s. 80s and 90s)because it would take way longer and maybe denied .. than what ?

 

 

[Nitas_man 3,100]

6 minutes ago, jumbo mambo said:

yes true  thats what I said.. a  K-3 can not be issued without an approved  I-130 but  not everyone is approved of their I-130 for  Cr1 or IR1 and once they are denied  they re in deep xxxx  .you used  the mexico connection right ? why didn't you wait in Hong Kong (where I lived in the 70s. 80s and 90s)because it would take way longer and maybe denied .. than what ?

 

 

A K3 is based on an approved 129F and a pending I130

An applicant with an approved I130 usually doesn’t get a K3

Edited July 30, 2019 by Nitas_man