I live in the us and my fiancé lives in Canada he has not obtained his PR but we want to get married so he can come to

Expert's Assistant chat
Customer: Thank you...
JA: What steps have been taken? Has any paperwork been filed with the U.S. government?
Customer: I live in the us and my fiancé lives in Canada he has not obtained his PR but we want to get married so he can come to the states If i file a k1visa will that void his PR? Should we wait til he gets it then get married?
JA: Have you talked to a lawyer about this?
Customer: No
JA: Anything else you want the Lawyer to know before I connect you?
Customer: no
Answered by Debra in 14 hours 3 years ago
imglogo
Debra
10+ years of experience
logo

168080 Satisfied customers

Expert in: Family Law, Legal, Estate Law, Real Estate Law, Criminal Law, Employment Law, Business Law, Consumer Protection Law, Bankruptcy Law, Traffic Law, Personal Injury Law.

logoimgimgVerified lawyers, 10+ years of experience
Chat with a Lawyer in minutes, 24/7
imglogo

Verified lawyers, 10+ years of experience

Save time and money. Get specialized help.

imglogo
Debra
10+ years of experience
logo

168080 Satisfied customers

Jessica

Jessica

Consultant

31,131 Satisfied customers

Pearl avatar
Lawyer's, Assistant
14 Lawyers are online right now.
img

Debra, Expert

Just to confirm, you are asking if the K-1 voids his pending Canadian permanent residence?

Customer
if we get married in Canada and I apply for him a K-1 visa in the US while he is waiting will it void his PR or can we do both?
Customer
He doesn’t have his PR yet we are waiting....
img

Debra, Expert

OK, so this is a Canada law question, not a US law question. I have to change it to the Canada law category.

Go ahead and click on "Request a New Expert" at this time.

Customer
Hello ��
img

Debra, Expert

I am a lawyer in Canada but I don't know the law in the US.

What is a K-1?

Customer
Good am Debra!! Thank you for responding!!!! Let me explain my situation..... My fiancé is waiting for his PR... - court date.... however we want to get married now.... would he need to obtain his passport back from the government so he can travel to the states, and a K1 visa is me sponsoring him to the United States... once he request his visa back, does that void his Pr process? When he request his PASSPORT BACK FEOM CANADA HOW long does he have to exit the county?
Another question if he gets his PR and wants to have dual citizenship in the US and Canada is it true he needs to be in Canada for 730 days or 2 year out of 5 to maintain her PR?
img

Debra, Expert

I don't know what you mean by a court date. That doesn't make sense as there is no court involved.

If he is just about to get his PR status he will get the passport back almost right away. He most assuredly should not ask for the passport back. He can decimate all he has done.

Once he has his PR status he is free to do what he wants.

When he gets his PR status he most definitely has to maintain it by being physically present in Canada for 730 days in the 5 year period but if he is working for a Canadian employer abroad it counts as if he was actually in Canada.

Does that help?

Please feel free to post back with any follow-up questions you may have. If you don't have any then I hope I have earned a 5 star rating but if you don't feel that I have please don't hesitate to reply back and let me know what more I can do to assist you. Finally, please know that even after you rate me I will be here for you and you can ask follow-up questions if you think of them later on at no further charge of course.

Customer
My boyfriend is here via asylum he hasn’t had a court date yet to deem him needing protection.... he is waiting to meet with the judge... he hasn’t even started his PR process we want to get married and ultimately he wants to reside in the United States with me and our family.... so if he ask for his passport back to come to the states and I sponsor him, how long does he have to leave the country after he has asked for it back? Once he asks for it back, that means his process is no longer valid? Once he is in the us it will be hard for him
To maintain 2 years out of 5 with our family so we are trying to figure out if we should stop the PR process because he is coming to the states to be with me anyways....
img

Debra, Expert

Yes if he is going to live in the US then he no longer needs to get his PR status in Canada and you are right, if he is moving to the US he will lose the PR status anyway.

They will need to leave quickly but not immediately.

Customer
What is quickly 3-6 months? The k1 visa process in the states take 5-9 months and I’m wondering should he wait til get approved before he request his passport back? I don’t want him stuck in a place where he has to go back to his country... he can’t!
img

Debra, Expert

He will have to leave in a few weeks.

So he should not withdraw his application at all for now.

Customer
How long does it take to obtain your passport back after you have requested it? You have been wonderful by the way I will rate you soon!
img

Debra, Expert

It will take a couple of weeks.

Thanks!

Customer
You were wonderful thanks for the reminder to rate... I have one more questions.... If my fiancé doesn’t have status in Canada will he be granted an appt with consulate in Montreal or no? How and who does he obtain his passport from?
img

Debra, Expert

I think he has to call them or fax them. The consulate in Montreal has nothing to do with this as Canada has the passport.

Customer
Ok.. because he doesn’t have status in Canada yet I wouldn’t be able to sponsor him via Canada? would We have to request visa from
His home country?
img

Debra, Expert

I don't know. You have to ask a lawyer in the US.

Customer
Hello I have another question....
I will Petition for my boyfriend to come to the us via a k1 visa... he will need to request his passport back because he doesn’t have legal status in CANADA would he need to go back to his country to be granted a visa or can he obtain a “visa” from Canada?
img

Debra, Expert

Are you asking about a Canadian visa or a US visa?

Customer
He would be applying for a us visa not Canada he would give up his pr process and come be with me in the states..... so would he have to go to the us embassy and apply for a visa? And where is that Ottawa?
Customer
But he is asylum and he doesn’t have status in canada
Customer
Or would she have to go back to the country he seemed asylum from?? That would not be good for him to do and he won’t go back there
Customer
A would he be able to get a is visa in Canada if I’m sponsoring him or would he have to go back to his home country to get the visa to come to the states becasie he doesn’t have status in Canada
img

Debra, Expert

I just don't know the law in the US.

I am sorry.

Customer
I have a us attorney... I need to know if he could get a visa from Canada or once he gets his passport back from Canada would he need to go back to his home country to get the visa... does a person have to be a PR of Canada to obtain a visa? Or can he being an Asylum seeker still get a visa?
img

Debra, Expert

But that is about the law in the US if you are asking about a US visa.

Customer
Good am! I have a question... if I wanted to work in Canada or move with my fiancé what are the necessary steps that I have to take?
img

Debra, Expert

That is not a follow-up question.

Please start a new post for this new question.

Thanks

Ask a lawyer and get your legal questions answered.
See all Legal Questions
img
Related Legal Questions
How it works
logoAsk for help, 24/7
Ask for help, 24/7
Members enjoy round-the-clock access to 12,000+ verified Experts, including doctors, lawyers, tech support, mechanics, vets, home repair pros, more.
logoExpert will respond in minutes
Expert will respond in minutes
After you reach out, we match you with an Expert who specializes in your situation. Talk, text, chat, whichever you prefer.
logoSave time & money
Save time & money
No scheduling hassles, missing time from work, or expensive consults.
A JustAnswer membership can save you significant time and money each month.
img
logo 593 Verified lawyers, 10+ years of experience
DISCLAIMER: Answers from Experts on Askalawyeroncall.com are not substitutes for the advice of an attorney. Askalawyeroncall.com is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response as proposing specific action or addressing your specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances should be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on any information received from an Expert, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains. The responses above are from independent, freelance Experts, who are not employed by Askalawyeroncall.com . The site and services are provided “as is”. To view the verified credentials of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service.
Explore law categories
Powered by JustAnswer