Best to apply for K1 before or after entering on a visitor visa - how long should she stay to visit? - Canada

[alliejourney 143]

12 hours ago, DSplaysthejazz said:

Some people I talked to suggested that marrying that early could be a red flag.  It seemed more "normal" to have an engagement period and get married around day 60 or so.  But I am totally new to this, so coming in really completely blind.

As others have said, not a red flag at all. Obtaining a K1 visa supposes a commitment to get married. There is no need to have a "honeymoon period".  

 

The process will be: land on US soil, go apply for an SSN ASAP (now that I-94s are digital, we were able to apply for my husband's SSN the next day after entering the US), and then get married as soon as you possibly can. In my county, we needed to wait for his Social Security Card to arrive before we could apply for our marriage license and then schedule our courthouse wedding, so we got married on Day 45, which is longer than we would have liked to leave it. Many other places do not require the SSN for the marriage. In the meantime, we prepared the AOS packet so that we got married August 1st, and sent off the AOS packet August 2nd.

 

Timeliness is the name of the game when you're on a K1 visa, because as soon as those 90 days are up the visa is invalid and you're out of status without proof of a pending AOS.

 

FWIW, I know your mind is made up but I'm another person who did a K1 and wishes we went the spousal route instead. You are still allowed to visit with a pending spousal visit so it's not like you have to go the entire processing time without seeing each other. AOS is a really frustrating process and him not having a green card really hindered our ability to buy a house and start our life properly as a married couple. Plus the stress and anxiety of him technically not having a status during that time.

[Crazy Cat 45,292]

13 hours ago, DSplaysthejazz said:

Some people I talked to suggested that marrying that early could be a red flag.  It seemed more "normal" to have an engagement period and get married around day 60 or so.  But I am totally new to this, so coming in really completely blind.

A K-1 is not a "Try before you buy" visa.  To file an I-129f you MUST submit a letter showing commitment to marry.  Why wait? 

 

The US immigration process requires a great deal of knowledge, PLANNING, time, patience, and a significant amout of money.  A wise couple should have the entire process locked in and planned.  Besides, waiting 60 days just delays the ability to work, delays the ability to travel outside the US, delays obtaining the Green Card, and delays the ability to apply for citizenship.  I wouldn't wait unless there were real issues between the couple.

 

Just my opinion.

Edited September 9 by Crazy Cat

[TBoneTX 47,954]

2 hours ago, alliejourney said:

Many other places do not require the SSN for the marriage.

In Texas, the immigrant's SSN isn't required.  Mine was.  I had to leave Mrs.-T-B.-to-be at the courthouse while I blew home to find something with my SSN on it.  My SS card wasn't anywhere.  I did find a paper U.S. Savings Bond that had my SSN on it.  I returned and showed it to the clerk, who briefly checked with her manager and said that it was acceptable (it's an official U.S. document, after all).  She said that this was the first time in her experience that anyone had used a savings bond to fulfill the SSN requirement.

 

After that, I applied for a replacement SS card... and I can't find that one, either.   

Edited September 9 by TBoneTX

[DSplaysthejazz 0]

Does it raise red flags if you apply for a K1 while future beneficiary is visiting the US?   We are thinking when she comes down for a longer visit, to file it out together and send it off.  Rather than sending it off before she comes for the visit.  Would a consular officer view an application while visiting as suspicious?

[TBoneTX 47,954]

39 minutes ago, DSplaysthejazz said:

Does it raise red flags if you apply for a K1 while future beneficiary is visiting the US?

Gentle terminology correction:  You're contemplating filing the I-129F petition at this stage.  Applying for the K-1 visa is later, at the consular level.

 

In answer:  Not with a Canadian beneficiary, or probably most others.  However, it will theoretically score more points at the consular level (= visa interview) if the contemplated visit is completed and evidence from it is included in the I-129F filing.

41 minutes ago, DSplaysthejazz said:

Would a consular officer view an application while visiting as suspicious?

Not necessarily, but see above.