QUESTION

Adjustment of Status vs K-1 visa?

Asked on Feb 17th, 2015 on Immigration - Texas
More details to this question:
My fiance and I plan to get married Nov 2015. He is presently visiting me for Valentines Day as a Canadian visitor with a B-2 entry stamp expiring Aug 2015. He has significant ties in Canada (i.e. employment, apartment, etc). However, he has received a job offer for both the US and somewhere in Canada. We would like to live in the same country. We are debating having a civil marriage and filing for an adjustment of status rather than following the K-1 route. He could return to Canada once advance parole is granted to collect his belongings. Do you see any complications in him staying and filing here versus K-1? Our hesitation around the K-1 visa stems from uncertainty around timing for him to attend the wedding.
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1 ANSWER

U.S. Immigration and Nationality Law Attorney serving San Diego, CA
Partner at Kazmi & Sakata
1 Award
Hi. I do not see a problem with that, as long as he changed his mind to stay after he arrived in the US. It will take about 3 months to get the advance parole for traveling and the work permit. We process similar cases and would be happy to review and discuss the process anytime. 
Answered on Feb 18th, 2015 at 1:49 PM

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