How to Move to the U.S. from Canada with the K-1 Fiancé Visa
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Email us if you are an Canadian citizen who is engaged to an American and you want to learn more about the K-1 visa process.
What is the K-1 fiancé visa?
The K-1 fiancé visa allows a U.S. citizen who is engaged to a Canadian citizen to sponsor the fiancé for a visa to move to the U.S. As opposed to the marriage green card, the couple cannot be legally married – otherwise they are not eligible for the K-1 visa. There is no actual requirement to be considered “engaged” for K-1 purposes – so long as the couple intend to get married when applying for the visa.
How do I apply for a K-1 visa?
The K-1 visa involves several steps, beginning with a petition to USCIS; then National Visa Center (NVC), then an interview at the U.S. Consulate in Montreal, and then adjustment of status through USCIS. The K-1 visa is available to any Canadian citizen who is engaged to a U.S. citizen and who is not yet married.
Qualifying for the K-1 visa
To qualify for a K-1 visa, both parties must be legally free to marry. In other words, they cannot be separated or otherwise legally married to somebody. Even somebody who is separated and living separate from a spouse cannot qualify for a K-1 visa because they are still legally married.
2- year in-person meeting
Both parties must have physically met in person on at least one occasion within the two years before the application is submitted. For example, if a U.S. citizen filed a K-1 visa petition on January 1, 2023, he must have physically met his fiancé in person at least one time since January 1, 2021. On the other hand, if he met his fiancé through an online dating site and they had only been communicating via email or text without ever having met in person, they would not qualify to apply for a K-1 visa.
Applying for a K-1 visa during the COVID-19 pandemic
Despite COVID-129, many Canadians continue to apply for K-1 visas in order to move to the U.S. Since the K-1 visa involves many steps, engaged Canadians can have their American fiancé sponsor them for the visa despite COVID-19.
Learn more about the K-1 visa
Read more about the K-1 Fiancé Visa.
