This is so confusing! Add to Watch List Options

[tri_gear]

I have been here everyday pretty much since I joined in August. I have been studying the k-1 and the CR-1 options and reading everyone's advice and interpretations.

We have not filed for anything yet as I don't know which option works best.

I have a number of questions if any of you are bored and can answer them?

I am Canadian, he is U.S.

1) If we file for the K-1 visa, I can't enter the U.S. until it's approved right? So it takes approx how many months until I can?

Then when it is approved, I can enter the U.S and then you have 90 days to marry. During this time I can't leave the U.S.

2)After you are married, I can apply for AOS then I can get a ssn and start my job search right? How long does that take approx?

Option CR-1

I enter the u.s. and get married. Can I go back to Canada and work until the CR-1 is approved? If so, how long does that take? Can I enter into the U.S. back and forth during my visa wait, Or do I stay in the u.s. do an a.o.s and wait for a ssn so I can work? How long would that take?

Sorry for all of the questions, but I have no idea what option to choose. Number one priority is to be together in the U.S. and for me to find a job as soon as I can. I have older children in Canada and would want to go back and forth to visit them of course.

THANKS!

[*Len*]

1. K-1 applicants cross the border provided they have enought ties to Canada and they get a border person who is not a jerk. See member Flames9 signature with details.

2. K-1 visa ends up being more expensive and longer. Why?> Because once you're here, you have to adjust status and that's another 1K or so. OH! and you cannot work on this visa until you recevie your employment auth. So fi working is a concern, I say noooooo to ths K type visas

My take? The CR-1 is, by far; the best visa available. Entry opportunities apply as well.

Best of luck.

[payxibka]

during the process, entry/exit activities and requirements are the same whether pursuing a K or CR visa. You must always be able to prove to satisfaction of the border officials that you intend to leave... If you cannot, they will stop you and turn you around.

[mitch.snyder]

I have been here everyday pretty much since I joined in August. I have been studying the k-1 and the CR-1 options and reading everyone's advice and interpretations.

We have not filed for anything yet as I don't know which option works best.

I have a number of questions if any of you are bored and can answer them?

I am Canadian, he is U.S.

1) If we file for the K-1 visa, I can't enter the U.S. until it's approved right? THAT IS NOT CORRECT, YOU CAN VISIT THE U.S. AS LONG AS YOU HAVE TIES BRINGING YOU BACK TO CANADA (i.e. A LETTER FROM WORK/SCHOOL THAT SORT OF THING) ALTHOUGH THE LAST TIME I VISITED THE U.S. THE GUY AT CUSTOMS DIDN'T EVEN ASK ME A SINGLE QUESTION, JUST CAN I SEE YOUR PASSPORT.... IF YOU DO GO THIS ROUTE, DO NOT LIE TO THE AGENTS. BE HONEST, BE BRIEF, AND HAVE LOTS OF TIES TO CANADA So it takes approx how many months until I can?

Then when it is approved, I can enter the U.S and then you have 90 days to marry. During this time I can't leave the U.S. THAT IS CORRECT

2)After you are married, I can apply for AOS then I can get a ssn and start my job search right? How long does that take approx? WHILE I HAVEN'T DONE THIS PART OF THE JOURNEY YET, I CAN STILL SAY YOU SHOULD BE ABLE TO GET YOUR PAPERS IN ROUGHLY 2-3 MONTHS YOU APPLY FOR YOUR A.O.S. AND AT THE SAME TIME APPLY FOR AN E.A.D. (WHICH WILL LET YOU WORK) AND AN A.P. (WHICH WILL LET YOU COME BACK TO CANADA) THESE ARE THE TWO PAPERS THAT TAKE 2-3 MONTHS, THE ACTUAL A.O.S. WILL TAKE LONGER

Option CR-1 I'D LOVE TO HELP YOU WITH THIS BUT I HAVE NO KNOWLEDGE ON THE CR-1

I enter the u.s. and get married. Can I go back to Canada and work until the CR-1 is approved? If so, how long does that take? Can I enter into the U.S. back and forth during my visa wait, Or do I stay in the u.s. do an a.o.s and wait for a ssn so I can work? How long would that take?

Sorry for all of the questions, but I have no idea what option to choose. Number one priority is to be together in the U.S. and for me to find a job as soon as I can. I have older children in Canada and would want to go back and forth to visit them of course.

THANKS!

Don't stress!! that's my only other piece of advice, this whole thing isn't as hard as it's made out to be... just be patient and trust visajourney!!! I don't know where I'd be without this website!!!

[mitch.snyder]

1. K-1 applicants cross the border provided they have enought ties to Canada and they get a border person who is not a jerk. See member Flames9 signature with details.

2. K-1 visa ends up being more expensive and longer. Why?> Because once you're here, you have to adjust status and that's another 1K or so. OH! and you cannot work on this visa until you recevie your employment auth. So fi working is a concern, I say noooooo to ths K type visas

My take? The CR-1 is, by far; the best visa available. Entry opportunities apply as well.

Best of luck.

On the flip side, the K-1 is a quicker option to get into the U.S. based upon the time lines I've seen.....

[TracyTN]

during the process, entry/exit activities and requirements are the same whether pursuing a K or CR visa. You must always be able to prove to satisfaction of the border officials that you intend to leave... If you cannot, they will stop you and turn you around.

Frankly, it boils down to whether or not you want to be husband and wife during the separation, or fiance/e's. We opted for the fiance route for that reason. But if that doesn't bother you so much, the CR1 is definitely the way to go.

[baron555]

I have been here everyday pretty much since I joined in August. I have been studying the k-1 and the CR-1 options and reading everyone's advice and interpretations.

We have not filed for anything yet as I don't know which option works best.

I have a number of questions if any of you are bored and can answer them?

I am Canadian, he is U.S.

1) If we file for the K-1 visa, I can't enter the U.S. until it's approved right?

No, you may on a tourist visa or work visa but you could be denied at the border if you don't have solid ties to prove you will return.

So it takes approx how many months until I can?

Look at the Immigration Timelines at the top of the page for average times.

Then when it is approved, I can enter the U.S and then you have 90 days to marry. During this time I can't leave the U.S.

Correct until you obtain either the AP or the GC. Read the Guides. Look at the Immigration Dictionary if you don't know these acronyms. All links at the top of this page.

2)After you are married, I can apply for AOS then I can get a ssn and start my job search right? How long does that take approx?

Immigration Timelines

Option CR-1

I enter the u.s. and get married.

One problem is that if you enter the US with a tourist or work visa, and you are planning to get married, then that is visa fraud. This couldl be vetted out at the AOS interview; worst case is lifetime ban.

Can I go back to Canada and work until the CR-1 is approved?

Yes. If you can get into the US and marry and then return, that is perfect. Only caveat, again, is if you are asked why you will be entering the US, the truth should be told at the border. They most likely will turn you back if you state, To marry my fiance(e). If you say anything else, that's not the truth.

If so, how long does that take?

Immigration Timelines

Can I enter into the U.S. back and forth during my visa wait,

Maybe, as already discussed.

Or do I stay in the u.s. do an a.o.s and wait for a ssn so I can work?

No, then you would be incurring overstays once your visa that you used to enter expires. This could be bad.

How long would that take?

You know the answer.

Sorry for all of the questions, but I have no idea what option to choose. Number one priority is to be together in the U.S. and for me to find a job as soon as I can. I have older children in Canada and would want to go back and forth to visit them of course.

THANKS!

Most sure bet, have them come to Canada and marry there. You stay and they file for the CR-1.

[*Len*]

1. K-1 applicants cross the border provided they have enought ties to Canada and they get a border person who is not a jerk. See member Flames9 signature with details.

2. K-1 visa ends up being more expensive and longer. Why?> Because once you're here, you have to adjust status and that's another 1K or so. OH! and you cannot work on this visa until you recevie your employment auth. So fi working is a concern, I say noooooo to ths K type visas

My take? The CR-1 is, by far; the best visa available. Entry opportunities apply as well.

Best of luck.

On the flip side, the K-1 is a quicker option to get into the U.S. based upon the time lines I've seen.....

They mention the need for income on arrival; so the K-1, although "quicker" (not by much lately), ends up being too much hassle.

[Leo and Lioness]

Good luck

[trailmix]

1) If we file for the K-1 visa, I can't enter the U.S. until it's approved right? So it takes approx how many months until I can?

You can visit, however each visit entry approved is 100% up to the border guard at the port of entry on the day. Bring strong proof of ties to Canada with you, like a letter from your employer stating when you are returning, a lease etc.

Then when it is approved, I can enter the U.S and then you have 90 days to marry. During this time I can't leave the U.S.

Yes, you can' t leave the U.S. until you have your 'advance parole' - or your green card, whichever comes first. Generally the AP will, you apply for that when you send in all your other adjustment of status forms.

2)After you are married, I can apply for AOS then I can get a ssn and start my job search right? How long does that take approx?

I see someone else has linked that info for you.

Option CR-1

I enter the u.s. and get married. Can I go back to Canada and work until the CR-1 is approved? If so, how long does that take? Can I enter into the U.S. back and forth during my visa wait, Or do I stay in the u.s. do an a.o.s and wait for a ssn so I can work? How long would that take?

You can and you will probably have to. Until you go to Montreal, have the interview and the visa is approved and in your passport AND you cross the border and present the visa - you are a visitor in the U.S. - you can stay for 6 months before having to leave (generally).

Sorry for all of the questions, but I have no idea what option to choose. Number one priority is to be together in the U.S. and for me to find a job as soon as I can. I have older children in Canada and would want to go back and forth to visit them of course.

Those two priorities may conflict. Where do you live in Canada? If you live in the west and file for the K1 - it will probably be quicker because Vancouver has less of a wait time to interview - by like a month or two. Manitoba and West: Vancouver - Ontario and East: Montreal - however it will take longer to be 'work ready' - you have to wait for your green card (or employment authorization document).

With the CR1 visa, you will interview in Montreal regardless of where you live, the wait time for an interview (after the I-130 has been processed is around 4-5 months). Not sure how long the NOA2 approvals for the I-130 are taking right now. However you will receive your green card a couple of weeks after crossing the border and technically you are permitted to work as soon as you cross the border.

Please disregard the post where someone said it is visa 'fraud' to go to the U.S. and get married as a visitor - it's not - the word 'fraud' gets thrown around a lot on these forums. You can't get married and just stay, when your intent is already to reside in the U.S. - but of course you can go to the U.S. and get married (assuming they let you across the border!)

This post has been edited by trailmix: Nov 6 2009, 12:53 PM

[baron555]

[Please disregard the post where someone said it is visa 'fraud' to go to the U.S. and get married as a visitor - it's not - the word 'fraud' gets thrown around a lot on these forums. You can't get married and just stay, when your intent is already to reside in the U.S. - but of course you can go to the U.S. and get married (assuming they let you across the border!)

This poster obviusly didn't read my comments correctly. Yes, you can enter on a tourist visa or work vise (there is not such thing as a visitor visa) but when you are (or may be) asked at the border why you are coming to the US, if your intention is to get married, you must say that.

You may or are most likely to be turned away because the border officer may think that you intend to stay. You would have to convince them that you will get married and then return to Canada.

If you say I am just visiting but you do get married, then those two conflicting stories MAY come back to haunt you, usually during the interview. I am not saying they will, but not telling the truth is/can be very bad.

Now let's say you never met your fiance before, and you are here as a tourist, or worker, or student, and then you meet yiour SO and you marry. That case has no issues since then you first entered you had not intention to marry.

Obviously I am sure all will agree, always tell the truth to every question at the border.

[mitch.snyder]

1. K-1 applicants cross the border provided they have enought ties to Canada and they get a border person who is not a jerk. See member Flames9 signature with details.

2. K-1 visa ends up being more expensive and longer. Why?> Because once you're here, you have to adjust status and that's another 1K or so. OH! and you cannot work on this visa until you recevie your employment auth. So fi working is a concern, I say noooooo to ths K type visas

My take? The CR-1 is, by far; the best visa available. Entry opportunities apply as well.

Best of luck.

On the flip side, the K-1 is a quicker option to get into the U.S. based upon the time lines I've seen.....

They mention the need for income on arrival; so the K-1, although "quicker" (not by much lately), ends up being too much hassle.

True they mentioned the desire to work, but the number one priority is to be together, and if you look at the time line for a CR-1 visa they are extremely long, especially if your petition has to go to VSC.... not that we need to argue over which visa is better, all we are trying to show is the fact that there are pro's and con's to each visa and it's a matter of figuring out which one is the best for your individual circumstance. My experience will be different then your experience, that's the joy of all of this!!

Anyways, OP, as a Canadian applicant I agree with one of the above posters who said if you are from the west you would be better off in the long run to apply for a K-1, Montreal is notoriously slow in processing applications whereas Vancouver seems to be much quicker...... best of luck and keep your time line filled in!!!

[Gary and Alla]

I have been here everyday pretty much since I joined in August. I have been studying the k-1 and the CR-1 options and reading everyone's advice and interpretations.

We have not filed for anything yet as I don't know which option works best.

I have a number of questions if any of you are bored and can answer them?

I am Canadian, he is U.S.

1) If we file for the K-1 visa, I can't enter the U.S. until it's approved right? So it takes approx how many months until I can?

Then when it is approved, I can enter the U.S and then you have 90 days to marry. During this time I can't leave the U.S.

2)After you are married, I can apply for AOS then I can get a ssn and start my job search right? How long does that take approx?

Option CR-1

I enter the u.s. and get married. Can I go back to Canada and work until the CR-1 is approved? If so, how long does that take? Can I enter into the U.S. back and forth during my visa wait, Or do I stay in the u.s. do an a.o.s and wait for a ssn so I can work? How long would that take?

Sorry for all of the questions, but I have no idea what option to choose. Number one priority is to be together in the U.S. and for me to find a job as soon as I can. I have older children in Canada and would want to go back and forth to visit them of course.

THANKS!

1. Wrong. You can enter the US just bring eveidence that you will return to Canada

2. Wrong. When you enter on a K-1 you can get an SSN the next day...before marriage and I suggest you DO. Get the card in your maiden name and change the name later if you want. You cannot work until you are married, file for AOS and receive a green card or EAD, usually 2-3 months after you file.

You can enter the US as a tourist, get married and file for the CR-1 visa and visitr while it is pending, again the same visiting rules will apply, bring plenty of evidence you will return

This post has been edited by Gary and Alla: Nov 6 2009, 01:32 PM

[trailmix]

[Please disregard the post where someone said it is visa 'fraud' to go to the U.S. and get married as a visitor - it's not - the word 'fraud' gets thrown around a lot on these forums. You can't get married and just stay, when your intent is already to reside in the U.S. - but of course you can go to the U.S. and get married (assuming they let you across the border!)

This poster obviusly didn't read my comments correctly. Yes, you can enter on a tourist visa or work vise (there is not such thing as a visitor visa) but when you are (or may be) asked at the border why you are coming to the US, if your intention is to get married, you must say that.

You may or are most likely to be turned away because the border officer may think that you intend to stay. You would have to convince them that you will get married and then return to Canada.

If you say I am just visiting but you do get married, then those two conflicting stories MAY come back to haunt you, usually during the interview. I am not saying they will, but not telling the truth is/can be very bad.

Now let's say you never met your fiance before, and you are here as a tourist, or worker, or student, and then you meet yiour SO and you marry. That case has no issues since then you first entered you had not intention to marry.

Obviously I am sure all will agree, always tell the truth to every question at the border.

Wow, no I didn't misread what you said

"One problem is that if you enter the US with a tourist or work visa, and you are planning to get married, then that is visa fraud. This couldl be vetted out at the AOS interview; worst case is lifetime ban".

You said if you enter with one of those visas and you are planning to get married - that is visa fraud. You may have a different interpretation of what you are saying but i'm sure the OP doesn't. It is incorrect. I'm not trying to call you out - but what you said is wrong and it needed to be addressed so as not to confuse the OP.

I guess you misread what I said, I never said anything about a 'visitor visa' - I said 'as a visitor' - Canadians do not get a visa to enter the U.S. (for 'visiting').



This post has been edited by trailmix: Nov 6 2009, 01:45 PM

[tri_gear]

If you say I am just visiting but you do get married, then those two conflicting stories MAY come back to haunt you, usually during the interview. I am not saying they will, but not telling the truth is/can be very bad.

I fully understand this and will never lie to a border patrol. To avoid all of this wouldn't it just be easier for us to apply for a marriage license in Canada, get married IN CANADA, he goes back to u.s. and we apply for everything while I remain here in Canada and still working etc..??

BTW, did I mention how great I think this site is??

p.s I'm across the border from Detroit, so either way i'd be going to Montreal.

This post has been edited by tri_gear: Nov 6 2009, 01:48 PM