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Fiancee wants to marry me NOW...

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  • Fiancee wants to marry me NOW...

    Ok...we are at the Embassy stage of the K1 visa process. I am a USC, born and raised. She is a Canadian Citizen. Drove over the border with her sister to see me for a day. That was February of this year.

    Doesn't want to wait any longer. Doesn't want to go home even for a month.

    Can we marry now, and file for AOS even with the K1 stuff in place and the overstay issue?

    The only gotcha I can think of that may alter your opinion or the facts of your reply is that she got arrested in the US for DUI, but the charge was reduced to reckless driving because she was not drunk. So no moral turpitude issues. No other criminal history.

    She can wait to work. She can wait to go home for visits. She just wants to get married so we can start our family. Any thoughts?

  • #2
    Ok...we are at the Embassy stage of the K1 visa process. I am a USC, born and raised. She is a Canadian Citizen. Drove over the border with her sister to see me for a day. That was February of this year.

    Doesn't want to wait any longer. Doesn't want to go home even for a month.

    Can we marry now, and file for AOS even with the K1 stuff in place and the overstay issue?

    The only gotcha I can think of that may alter your opinion or the facts of your reply is that she got arrested in the US for DUI, but the charge was reduced to reckless driving because she was not drunk. So no moral turpitude issues. No other criminal history.

    She can wait to work. She can wait to go home for visits. She just wants to get married so we can start our family. Any thoughts?

    Comment


    • #3
      If you marry her here and adjust status, she cant leave until that's done. It could be a couple years. DUI is no longer a crime of moral turpitude and is not a deportable offense. Marry her - canucks are kewl

      Comment


      • #4
        The main issue will arise is whether she entered in February with intent to stay and marry you. The burden will be on her to show that she had sufficient ties at that time and that that was not her intention. The fact that she already has a K1 visa in the works complicates that issue. She clearly has immigrant intent. What will have to be demonstrated is that she didn't have immigrant intent specific to the entry in February.

        With regard to the overstay issue, Canadians are admitted without I-94s in most cases. Thus, it can legally be argued that she does not have an end date on her status. The overstay does not begin until a judge or immigration official makes that determination. So, she would not necessarily have to remain in the US until her AOS is processed. She could use AP. However, this point is something that should be discussed with an immigration attorney. As should the first issue re: immigrant intent.

        Comment


        • #5
          sphyrapicus3
          Hi, I saw you indicate that you came from the South. How do you compare Northeast and the South?

          Comment


          • #6
            NE is cold and gray

            South is hot and humid

            I wish I could live in the south in the winter and the north in the summer. Maybe when I retire, eh?

            People are generally friendlier in the south and pushy/rude in the north. A grocery clerk in the south will chat you up about whatever. In the north I'm lucky if they say two words.

            Tends to be more fried food in the south, more Nascar, more college football, and better looking women.

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