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My son is a US citizen, he socially got engaged with a

Customer Question
My son is a...

My son is a US citizen, he socially got engaged with a Canadian citizen an year ago, however, still have not filed fiance visa. My question is if she wants to visit him during these holidays, can she come to USA? Please advise.

Lawyer's Assistant: What steps has your son taken? Have they filed any paperwork with the U.S. government?

Not yet, they would like to file paperwork next year.

Lawyer's Assistant: Has your son talked to a lawyer about the K-1 visa?

Not yet.

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

That all.

Submitted: 8 months ago.Category: Immigration Law
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Answered in 13 minutes by:
12/22/2017
Immigration Lawyer: Edward Young,
 replied 8 months ago
Edward Young
Category: Immigration Law
Satisfied Customers: 574
Experience: Principal Attorney at The Law Offices of Edward D. Young, III
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Hi. My name is ***** ***** I am a licensed attorney. I would be happy to provide assistance. Please give me a moment to formulate a response. Also, please keep in mind that our conversation does not include an attorney-client relationship and this is for general information purposes only.

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Customer reply replied 8 months ago
Thanks
Customer reply replied 8 months ago
Awaiting your reply.
Immigration Lawyer: Edward Young,
 replied 8 months ago

There is some risk (slight) that she might be denied entry by a zealous border agent. If they have reason to believe that she might not return to Canada, they might not allow her to enter. Their concern is that she is trying to avoid the K-1 fiancee visa process.

But, if she can demonstrate that she has strong ties to Canada, like a full-time job and assets like a car or a house, and the trip is just for the holidays, I doubt that she would have a problem. If it comes up at the customs and border “interview” (really questions by the border agent), she should just say that she intends to be there just for the holidays and return. If she is traveling by air, this should be no problem, since she will have a return ticket for a short time later.

Regardless of whether they marry in Canada or the US, she needs to get a K fiancee visa to enter the US permanently.

I hope this helps.

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