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Judith Ludwic
Judith Ludwic, Immigration Lawyer
Category: Immigration Law
Satisfied Customers: 29021
Experience:  34 years as practicing immigration attorney, with non-immigrant and immigrant visa experience.
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My fiance is a dual citizen and US, we both currently

Customer Question

My fiance is a dual citizen for Canada and US, we both currently live in Canada but want to marry and move to US asap. Is it better to marry legally here as canadians then start process to get me a green card, or to move her down, visit for a few times, and then get a K1 down there?
Submitted: 2 years ago.
Category: Immigration Law
Expert:  Judith Ludwic replied 2 years ago.
First let's clarify the K1 visa. It must be gotten out of the US. All visas must be applied for through the US consulateYou would file the petition in the US as her fiance but then the USCIS has to go through the process of approving it and then she applies for the K1 visa in the consulate to enter the US as a fiance.K-1 The I-129F will cost $340 plus a $350 fee for the visa processing fee. After she enters the U.S., then you have to marry and then you have to pay $1070 for the I-485Unfortunately, you will have to be patient because it will take a total of 6-10 months for you and she to go through the arduous process of her immigrating.You will file form I-129F with the USCIS here in the US at the lockbox (PO Box) as per the instructions.You must include with the form a G-325A for you and she along with 2 passport style photos of each of you.You can find those forms and instructions at this link your petition is approved (it will take 3-5 months) you will be notified and the petition will be sent to the National Visa Center. In approximately 2-3 weeks they will send you a notice and instructions for her to begin the visa process by submitting the DS-156 & 156K Visa Application.After that is received the USCIS will request her background/security check be done by the FBI she will then receive her instructions for her medical and visa appointment.She will be told what documentation to bring.After her interview she will be told to leave her passport and the immigrant visa packets will to sent back to her withing 2 weeks at which time she may travel to the US. She has 4 months to use the visa.Here is a great link to a flowchart with timelines She cannot enter the US as a visitor with the intent to marry and immigrate. That is fraud. If however she comes for a visit and then subsequently changes her mind there is no presumption of fraud and she can marry and apply for her green card here in the US and wait here while it is being processed.Adjustment of status is considered a privilege, not a right. It can still be denied if USCIS determines that negative factors exist, including preconceived intent to be an immigrant at the time of entry as a nonimmigrant. So if USCIS believes that you had preconceived intent to be an immigrant at the time of entry, even if you did not actually commit fraud, they can still deny your adjustment of status application as a matter of discretion.Fortunately, as a result of Matter of Cavazos, 17 I. & N. Dec. 215 (BIA 1980) immediate relatives are exempted from this potential problem. According to Matter of Cavazos, in the absence of other adverse factors, an application for adjustment of status as an immediate relative should generally be granted in the exercise of discretion notwithstanding the fact that the applicant entered the United States as a nonimmigrant with a preconceived intention to remain. hope I’ve provided the information you were seeking. If you are happy with my service, please provide a positive rating. If not, please let me know so l can continue to help you.. In the future, you may begin your questions with “FOR JUDITH” and I will be your personal immigration expert. Understand, it is my job to be honest and truthful about the law and sometimes the law does not give you the solution or options you want. If you feel I earned a BONUS, I am grateful. I will remember you and review our question history. Thank you.Judith