K-1 (fiancé(e) of U.S. citizen) visa for Canadians

Eligibility requirements

• Petitioner = U.S. citizen (not a green card holder). For LPR, see CR-1/IR-1.
• Beneficiary = Canadian (or other foreign) citizen.
• Both free to marry: single, divorced (final decree), or widowed (death certificate).
• Met in person within 2 years before filing I-129F — strict rule. Narrow exemptions: (a) strict cultural/religious custom, (b) extreme hardship. Otherwise, in-person meeting required.
• Bona fide intent to marry within 90 days of U.S. entry.
• No inadmissibility: criminal record, prior fraud, drug dependence, communicable disease.
• Affidavit of Support (Form I-134) — petitioner must show ability to financially support (typically 125% of federal poverty guideline for household size).

Step 1 — Form I-129F (Petition for Alien Fiancé(e))

The U.S. citizen files Form I-129F with USCIS, with:

• Filing fee: USD 675 (04/01/2024 fee schedule — verify latest USCIS edition).
• Proof of U.S. citizenship (passport, birth certificate, naturalization certificate).
• Proof of in-person meeting within 2 years: dated photos, plane tickets, hotel receipts, passport stamps.
• Proof of bona fide relationship: correspondence (emails, texts, letters), shared photos, family/friend testimonials, wedding plans.
• Signed statements from both fiancés expressing intent to marry within 90 days.
• Proof that prior marriages are legally terminated (divorce decree, death certificate).
• Passport-style photos (two per person).

Current USCIS processing time: 10 to 20 months depending on service center — check egov.uscis.gov/processing-times.

Step 2 — Consular processing at your Canadian US consulate

After USCIS approval, the file goes to the National Visa Center, then to the U.S. consulate that serves the fiancé's Canadian province of residence.

Canada has 6 US consular posts — Canadians apply to the one serving their province of residence, not necessarily Montréal: Montréal (QC/NU), Toronto (ON), Vancouver (BC/YT), Calgary (AB/SK/MB/NT), Halifax (NB/NS/PE/NL), Québec City (parts of QC). Confirm your jurisdiction and book appointments at ca.usembassy.gov.

1. Form DS-160 online: nonimmigrant visa application (complete before interview).
2. MRV visa fee: USD 265 (2025-2026 K-1 fee).
3. Medical exam by an authorized panel physician. List at ca.usembassy.gov. Cost: CAD 350–700 depending on clinic.
4. Consular interview at the US consulate for your province:
   • Documents: Canadian passport valid ≥ 6 months past entry, original I-797 (I-129F approval), birth certificates, prior marriage(s) and divorce(s), proof of relationship, photos, medical exam, petitioner Form I-134 with employer letter and tax transcript.
   • Typical questions: where did you meet? when is the wedding? how have you stayed in touch?
   • Decision same day or within 2-3 days (administrative processing possible).
5. K-1 issued: visa stamp in passport, valid 6 months for single entry.

Step 3 — U.S. entry and marriage

1. Entry at POE on K-1: CBP typically admits for 90 days, recorded on electronic I-94.
2. Marriage within 90 days — strict rule. Without marriage, the K-1 must leave (no extension).
3. No marriage to anyone else — K-1 is exclusively for marriage to the I-129F petitioner.
4. After marriage, immediately file Form I-485 (Adjustment of Status) with USCIS for the green card. Fee: USD 1,440 (2024 edition) + USD 575 if Form I-765 EAD desired (often included at no extra cost since 2024).

Status after marriage: CR-1 or IR-1

• CR-1 (Conditional Resident): if marriage occurred less than 2 years before USCIS approves I-485. Green card valid 2 years. To make permanent, file Form I-751 (Petition to Remove Conditions) within the 90 days before expiration. U.S. spouse must co-sign.
• IR-1 (Immediate Relative): if marriage occurred 2 years or more before USCIS approves I-485. Green card valid 10 years, renewable. No I-751 required.
• Naturalization: 3 years after green card if still married to U.S. citizen. Otherwise 5 years (see naturalization article).

K-1 children: K-2 status

Unmarried children of the K-1, under 21, may accompany or follow on K-2. The U.S. petitioner must name them on the I-129F. They must do their own consular interview (child DS-160). After parent's marriage and AOS, they file their own I-485. If the child turns 21 mid-process, the Child Status Protection Act (CSPA) may freeze the age.

Pitfalls to avoid

• WhatsApp screenshots are not enough: USCIS and the consulate want dated photos, varied locations, witness statements.
• "Internet-only meeting" = near-certain refusal. In-person meeting is mandatory.
• Insufficient relationship evidence: USCIS RFE (Request for Evidence) delays the file by 6 months.
• Non-final divorce decree: if on appeal or pending, refusal.
• Marriage outside the U.S. on K-1: improper, K-1 is for marriage in the U.S. only. If you marry abroad, you become a spouse, not a fiancé — needs CR-1/IR-1 instead.
• Travel without Advance Parole between I-485 and green card = abandons AOS.

Official forms (always use the latest edition)

• Form I-129F — Petition for Alien Fiancé(e)
• Form I-485 — Adjustment of Status
• Form I-134 — Affidavit of Support (NIV)
• Form I-751 — Remove Conditions on Residence
• Form I-131 — Advance Parole
• DS-160 — Online Nonimmigrant Visa Application
• US Consulate Montréal — fiancé visa