GA&CA
Dec 12 2006, 04:32 PM
Hey Canada!
I feel so overwhelmed with all of these forms and acronyms. Basically my american better half and I have decided to get married and live in the USA. I being a pilot (poor) have many questions about all of this especially when it comes to the "getting work as soon as possible" thing. We wanted to originally go for the K1 and now we are thinking about the K3. Whenever I ask a question about this on these forums I get links to guides on this site. As informative as they are...they seem to still be aimed at people who know quite a bit about this process. I basically want to find out if it is easier/quicker to marry move with her and file an adjustment of status while "visiting" her down there (risky I know) - or - file a K3 from Canada - How long would both ways take til I was able to work and live with her. Looking forward to simple answers. hah.
thanks
G
JenT
Dec 12 2006, 04:37 PM
The guides are not really that confusing if you take the time to read what they say. Unfortunatey, the answer will be 'it depends' because we don't have enough info about your personal situation to say whether you'll be approved without needing a waiver or receiving an RFE.... or what the timing will be of the service center when you file. Generally speaking, a K1 is approved in less time but the employment authorization is another step.
If you really need help, contact an immigration attorney who can walk you through the process alternatives.
Jen
Jersey Girl
Dec 12 2006, 05:33 PM
The best advice anyone can give is to tell you to get set for a 6-to-12-month-K-visa process. There's no fastlane, especially for being eligible to work in the U.S. That's another process, so add time for that.
Yes, you can risk coming and doing AOS. Or you could go for CR-1, which seems to be taking the same time as a K-3 and has the advantage of being eligible to work on entry.
If you want to plan a life together, then plan on a visa journey that's time consumming, expensive, sometimes frustrating, and very challenging because most likely, you'll be apart.
That's the tough love you seem to need. Good luck!
riblet
Dec 12 2006, 05:40 PM
Well, it would immigration fraud to go down on a visit with the intetion to stay, and no one here is going to recommend that.
K3 or K1 would both probably take 6 months, or more if there are complications and delays. Then 3 months average to get work authorization.
I130 would probably take 8 - 12 months, and you are work authorized when you enter the U.S.
They are all really close options. I guess the only benefit about applying for the CR1 is that you can pursue both K3 and CR1 and take whichever comes first. Also, if you are in the Vancouver Consulate jurisdiction, interviews there have been consistently much faster. So a K3 or K1 could possibly be as fast as 4 or 5 months if you're lucky.
Hope this helps a bit.
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