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From Canada and have questions about the K-1 Visa

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  • From Canada and have questions about the K-1 Visa

    I'm looking to move to NYC in the very near future to be with my boyfriend of 3 years. I just have a couple of questions (I'm sure that they have been asked before but I can't seem to find them)

    1. Once the K-1 application has started it's process, can I still visit or even be in the US?

    2. Can I get a travel visa and then apply for the K-1 while I'm in the US?

    I need all the info I can get

    Thanks

  • #2
    1. The K1 procedure starts with your fiance submitting an I-129F petition to the USCIS. When this petition has been submitted, the general opinion says that you can still enter the US as a visitor, but it'd be advisable to not mention too much about your immigration plans to the CBP.

    2. You cannot change status to K1 while you are in the US. You have to obtain your K1 visa in Canada (after the I-129F petition has been approved) and then enter the US using that visa.

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    • #3
      Originally posted by bookiechick View Post
      I'm looking to move to NYC in the very near future to be with my boyfriend of 3 years. I just have a couple of questions (I'm sure that they have been asked before but I can't seem to find them)

      1. Once the K-1 application has started it's process, can I still visit or even be in the US?

      2. Can I get a travel visa and then apply for the K-1 while I'm in the US?

      I need all the info I can get

      Thanks
      Your fiance in NYC files a 129f petition for you to be able to obtain a K1 visa to come to USA to marry within 90 days and stay. You can come to visit whilst this is pending as Canadians don't need a visitor visa. You can stay up to 6 months from Canada. Once the 129f is approved you have to be in Canada to get medical police report and have interview. This all takes anywhere from 5 months to 12months . Hopefully sooner than that. But if you come to visit now just make sure you have all your proof of residency back in Canada and that you will be returning. While you are here you and your fiance can start the 129f petition no problem .

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