Visa Questions?

Question

Okay, so I'm a Canadian, engaged to an American whose in the Navy. We have talked about where to get married and decided that we'd like to be married in Canada and then we'll have to live in the states due to his military contract. So my question is do we need to fill out a K1 fiancee visa form at all?

or just the K3 spouse form once we are married?

and do I need to file something in Canada saying he's coming here to get married, even though we don't plan on staying here?

I'm so confused by all the sites, and we'll talk to someone if we can't figure out when he's done basic, but I thought some of you might know, thanks for any info you have :)

Answer 1

If you want to marry in Canada, you will not need the K-1 petition/visa. Obviously, if you want to marry in the U.S., you will need the K-1 petition/visa.

If you marry in Canada, then he will need to submit Form I-130 to USCIS along with the fee and supporting documents. Your immigrant visa can be issued at a U.S. consulate in Canada or at the U.S. embassy in Ottawa.

After the I-130 is submitted, he can submit a petition to get you a K-3 visa if you do not want to wait in Canada until the immigrant visa is issued.

As for his eligibility to enter Canada for the wedding, someone with knowledge of Canadian law needs to answer that one, but my guess is that Canada Immigration will not have any trouble with that idea.

Answer 2

I can't help you with the Canadian rules, but as far as the K-1 visa, you won;t need this if you are already married in Canada, you'll go for the K-3.