Canadian Applying For K-3 Visa... Can I apply while visiting in the U.S?

Ms.Hopeful

Registered Users (C)
My Fiance and I have a situation and could really use some advice.

I am from Canada and am currently visiting my Fiance in the United States. When I crossed at the boarder I told them that I was entering into the States because I had a appointment booked to take a tour of a Christian University I was interested in as well as to visit close friends that worked at the University as well as went to school there. These were indeed my intentions. Yes my fiance was in that group of friends but I never came out and directly mentioned my fiance.

My fiance decided we would like to move up our wedding and get married while I am visiting him in the United States, so we are planning to get married in May. Again, my intentions when crossing at the boarder was not to come here and marry him. We had a wedding planned for October in Canada but realized it wasn't the best option for us.

Now, we would like to apply for a K-3 Visa for Spouse for me.

We wanted to know, once were married in May, can I apply for this Visa while I am visiting him in the United States and wait here without having to return back to Canada since legally I am allowed to visit here for 6 months? Will Immigration make me go back to Canada?

Also, do I need to "extend" my stay here in the United States since my plan was to only visit for 2 weeks? How would I do this? I was not given a form or visa paper thing when crossing the boarder since I am from Canada.

We cant do the K-1 Visa option as they want proof of your relationship two years before hand and we have only been together 1 year.
 
We wanted to know, once were married in May, can I apply for this Visa while I am visiting him in the United States and wait here without having to return back to Canada since legally I am allowed to visit here for 6 months?

You can apply for the K-3 while in the US, but you must leave the US and return to Canada for a consular interview before re-entering the US in K status. There is no provision to change status to K. You can stay here for six months as an undocumented B visitor from Canada.
 
I sent you a private message TheRealCanadian, hope you can reply. Thanks.
 
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The problem is... When i crossed the boarder my intentions were to come and visit friends. When they send me back to Canada for the consular interview will i be able to re-enter back into the states without a problem? The thing is, im getting married to my fiance here in may, and i dont want them thinking i lied and gave false information at the boarder when i didnt. it just wasnt my intention.

I'm getting married to my fiance in the States, which means I have to file for the K-Visa in the States. Why would I need to go back to Canada?
 
People's intentions can change. If you get married here you can directly file for I-130 and adjustment of status as long there is a reasonable amount of time between when you entered and when you get married (> 3 month, i.e.).
 
Will I have to go back to my home country while the I-130 is processed or can I stay with my soon to be husband in the States after we are married?
 
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I'm getting married to my fiance in the States, which means I have to file for the K-Visa in the States. Why would I need to go back to Canada?

Your posts now make more sense to me. If your intention is to stay in the US permanently with your US citizen spouse, then you do not need a K visa at all. Once you are married, file an I-130/I-485 and you can stay legally until it is adjudicated and your GC is in hand.

As part of the I-485 process, you will need to provide proof that you were legally admitted into the US, and as a Canadian you have no I-94. Where/how did you enter the US?
 
I did not receive a I-94 form as I am a Canadian and they do not give those to Canadians.... they just allow you to Enter. I crossed into the states by bus with a passport at the boarder.

When do I file the I-485 form? After I get my Green Card? Or at the same time as filing the I-130?
 
I crossed into the states by bus with a passport at the boarder.

If you have evidence of this bus trip, you may want to submit a copy along with your I-485, indicating that you were inspected but received no I-94.

When do I file the I-485 form? After I get my Green Card? Or at the same time as filing the I-130?

At the same time. You will not get a GC if you only file the I-130. If you want to travel outside the US while the I-485 is pending, you'll need to file an I-131 as well, and not leave the US until it is approved. Check the family-based forum for more info.
 
Do I file the I-130 form first? Or do everything together?

Just to make this clear... I can stay in the states while I wait for my green card? What secures my stay here?
 
okay. sorry to bug you but...


I'm currently here visiting in the United States... So I can stay here while we do all this stuff leading up to when I apply to change my status (I-145)? I'm secure? What about if it takes more then 6 months (the amount of time I'm legally aloud to be in the states as a visitor)?

Also... when i crossed the boarder, i told them i was coming to visit friends etc. But I told them I would only be here for two weeks. Since I'm planning on staying as long as I can do I need to call anyone to let them know I'm staying longer, or just leave it as it is?? I wont get in trouble that I changed my plans and decided to get married during my visit?

And It's not like I have an I-94 form saying how long I can stay or anything since I'm Canadian.
 
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You have to get married and file the I-130/I-485 before your current status expires, otherwise you will be out of status and you have to leave, do consular processing in Canada (takes up to 6 month) and then come back. As long you file while you are within your 6 month, you will NOT have to leave. As for your non-immigrant entry, just don't file too early (> 3 month is usually fine). People are allowed to fall in love and change their mind.
 
Do you know, is there a certain amount of time we have to wait before we get married so it doesn't look bad? I've been here since March 17th, and were getting married on May 10th. Is that enough time since I've been here to choose to get married?
 
I am in a similar situation so any advice would be wonderful.

So hypothetically speaking, a Canadian can enter the US intending only to visit, then get engaged during their visit to the US and file for the visa in the US during the same visit, and legally stay in the US until their K visa has been approved or denied?
are the processing times quicker to file in the US opposed to returning back to Canada and filing at a US consulate in Canada?
 
So hypothetically speaking, a Canadian can enter the US intending only to visit, then get engaged during their visit to the US and file for the visa in the US during the same visit, and legally stay in the US until their K visa has been approved or denied?

If you are married to a US citizen and already in the US there is no point to the K. One should file an I-130/I-485 in such a circumstance.

are the processing times quicker to file in the US opposed to returning back to Canada and filing at a US consulate in Canada?

It depends on location, but it's probably quicker in the US. It's certainly easier.
 
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