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DrSteve

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Posts posted by DrSteve

  1. 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.

  2. On 7/11/2019 at 1:42 PM, yuna628 said:

    Is the fiancé an American? If so, go the K1 route, obtain the visa, enter the US with that visa, marry and stay. Apply for adjustment of status and wait until you are authorized to work. I'm sure the friend would be glad to employ you then.

     

    You may also marry your fiancé right now, then return home, and file for a marriage visa. Wait until the process is complete, and then you'll be work authorized from the get-go.

     

    In the above two scenarios, the fiancé must be able to prove that they meet all financial sponsorship requirements.

     

    Otherwise, to obtain a work visa is highly unlikely in this scenario. He'd need a lawyer, a lot of money, and to prove that no one else could do the job besides you.

    Why would you do that?  Go get married in front of a JP at some nice scenic spot.  File an I-130 and I-485 from within the US along with an I-765.  Not fast, but a sight better than spending 18 months out of the country. 

     

    Um, this is one you might want an immigration attorney for.  I'm worried that financial support might be a problem.

  3. Well I hate to add another wrinkle to this: he's American, you're British.  Nothing was filed when either of the two of you were living in either country.  I don't suppose either of you fall into any of the preferred classes for Canadian Immigration?  https://www.visaplace.com/blog-immigration-law/uncategorized/immigrate-from-uk-canada/

     

    The waiting period may well be quicker, either of you could find a job, and I suspect the job search might doable from London.

     

    Again, sorry if this is just one more thing but I'm not seeing a burning desire to live in either the US or UK on anyone's part here.

     

    As for costs, you may be able to get a signature loan to cover them, though I get the feeling that both of you are a bit broke.

     

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