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mar5612

Do I need a K1 visa if I don't intend to immigrate to the US anytime soon?

By mar5612 in K-1 Fiance(e) Visa Process & Procedures

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mar5612 Newbie

mar5612   1

Posted
Timeline
Posted

I [Canadian] am currently separated from my boyfriend [American] due to COVID travel restrictions. He can't come into Canada, and seeing each other has been very difficult.

We decided to get married ASAP, because spouses can freely cross the border.

 

We applied for a marriage license and it got approved. I was planning on flying to the US on a tourist visa next week to marry him.

I do not intend to immigrate anytime soon because I'm still studying in Canada. I'll probably immigrate in 6 months - 1 year.

Will I run into issues immigrating in the future because I never applied for a K1 visa?

Is this considered visa fraud?

 

 

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mushroomspore Proficient

mushroomspore   3,043

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Filed: Citizen (apr) Timeline
Posted (edited)

K1 is for fiance(é)s. As soon as you marry, you're ineligible. CR1/IR1 is the visa specifically for spouses. Not illegal to enter as a tourist and marry so long as you leave afterwards and come back with a spousal visa.

Edited by mushroomspore
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geowrian Grand Master

geowrian   22,335

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Filed: Lift. Cond. (pnd) Country: Philippines
 Timeline
Posted

If you marry, the K-1 dies.

You can visit and marry in the US just fine.

The CR-1 visa with Canada is taking closer to 18+ months right now...so  6-12 month plan to immigrate just won't work here.

Timelines:

ROC:

Spoiler

7/27/20: Sent forms to Dallas lockbox, 7/30/20: Received by USCIS, 8/10 NOA1 electronic notification received, 8/1/ NOA1 hard copy received

AOS:

Spoiler

AOS (I-485 + I-131 + I-765):

9/25/17: sent forms to Chicago, 9/27/17: received by USCIS, 10/4/17: NOA1 electronic notification received, 10/10/17: NOA1 hard copy received. Social Security card being issued in married name (3rd attempt!)

10/14/17: Biometrics appointment notice received, 10/25/17: Biometrics

1/2/18: EAD + AP approved (no website update), 1/5/18: EAD + AP mailed, 1/8/18: EAD + AP approval notice hardcopies received, 1/10/18: EAD + AP received

9/5/18: Interview scheduled notice, 10/17/18: Interview

10/24/18: Green card produced notice, 10/25/18: Formal approval, 10/31/18: Green card received

K-1:

Spoiler

I-129F

12/1/16: sent, 12/14/16: NOA1 hard copy received, 3/10/17: RFE (IMB verification), 3/22/17: RFE response received

3/24/17: Approved! , 3/30/17: NOA2 hard copy received

 

NVC

4/6/2017: Received, 4/12/2017: Sent to Riyadh embassy, 4/16/2017: Case received at Riyadh embassy, 4/21/2017: Request case transfer to Manila, approved 4/24/2017

 

K-1

5/1/2017: Case received by Manila (1 week embassy transfer??? Lucky~)

7/13/2017: Interview: APPROVED!!!

7/19/2017: Visa in hand

8/15/2017: POE

 

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Duke & Marie Proficient

Duke & Marie   1,389

Posted
Filed: IR-1/CR-1 Visa Country: Australia
 Timeline
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It’s fine for you to enter as a tourist and marry provided you go home afterwards.. 

 

but like others have said. You’ll need a CR1 visa after marriage to immigrate later once your studies have finished, problem is that more likely to take 12-18 months.. 

 

you only need k1 if you plan to stay after getting married, but k1 has major drawbacks too.. 

AOS Journey

  • I-485 etc filed 23 April 2020 
  • NOA1 I-485 June 3 2020 
  • NOA1 EAD 23 April 2020
  • Biometrics 5 Jan 2021
  • EAD approved 12 March 2021
  • Interview Completed 24 March 2021
  • EAD Card Received 1 April 2021  
  • Case under review 2 April 2021
  • New Card is Being Produced 25 September 2021
  • 10 Year Green Card Approved and Mailed 27 September 2021 🙌🙌🙌🙌🙌
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