Q: Canadian fiance wants to come to US to marry me, does not ever plan to live in the US. Does he need a K-1?
I'm a US citizen. He's a Canadian citizen. We had hoped for a small ceremony in March, then pandemic. We plan to apply for my PR in Canada and live there.
A:
In general no, but the purpose of his visa can create challenges, because there is a legal presumption that all applicants for admission have immigrant intent. He must overcome that presumption, if challenged. If he identifies the purpose of his visit, the CBP can reasonably presume that he has immigrant intent for the purposes of the visit!
Have you ever checked to see whether you can be petitioned as the fiancé of a Canadian Citizen? Perhaps, you both need a Canadian Immigration Attorney. Good luck.
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