Best route for a Canadian?

[XPeter3994 0]

Hi there, 

 

I'm a U.S. citizen with a girlfriend who is a Canadian citizen.  We have been dating for 4+ years (Throughout college) and have decided that we want to take the next step and live together in the US.  We initially tried to go the TN route, but she was unable to find a company who wasn't afraid of the phrase "TN Status".  We're now looking at marriage based visas, and I've carved out two paths:  

 

Option A) Filing I-130 (For a CR-1 Visa) WITHOUT I-485.  Get married in Canada.  She comes to visit me for a couple months over the summer (July - August) and then returns to Canada until the CR-1 has been processed and she receives her Green Card.

 

Option B) Filing I-130 (For a CR-1 Visa) WITH an I-485.  She comes to the US, and I propose.   We get married and send in the I-130 and I-458 at the same time, and she stays here for the entire duration of the document processing.

 

My question is: Are both of these options legal? Does one have a benefit over the other? Appreciate any insight! 

[Cryssiekins 976]

8 minutes ago, XPeter3994 said:

Hi there, 

 

I'm a U.S. citizen with a girlfriend who is a Canadian citizen.  We have been dating for 4+ years (Throughout college) and have decided that we want to take the next step and live together in the US.  We initially tried to go the TN route, but she was unable to find a company who wasn't afraid of the phrase "TN Status".  We're now looking at marriage based visas, and I've carved out two paths:  

 

Option A) Filing I-130 (For a CR-1 Visa) WITHOUT I-485.  Get married in Canada.  She comes to visit me for a couple months over the summer (July - August) and then returns to Canada until the CR-1 has been processed and she receives her Green Card.

 

Option B) Filing I-130 (For a CR-1 Visa) WITH an I-485.  She comes to the US, and I propose.   We get married and send in the I-130 and I-458 at the same time, and she stays here for the entire duration of the document processing.

 

My question is: Are both of these options legal? Does one have a benefit over the other? Appreciate any insight! 

I may be reading that wrong, but option b sounds incorrect as you cannot enter the US with a preconceived intent to stay.

 

My husband is the USC and I'm Canadian.  We applied for a K1 visa.  It was quick (6 months from filing to US entry) and then about another 4 months before I received an EAD/AP and about a month after that I received my green card. 

 

It was the best and quickest way for us to be together, though those 4 months not being able to work were a bit tough. 

 

The CR1 visa would mean she would have to wait out the process in Canada (visiting allowed) but would not be able to live in the US until she has an IV.  The benefit to the CR1 route is you get green card upon entrance so no delay in looking for work, but again, it's more time apart. 

[Transborderwife 4,666]

Why not do a k1?  For a cr1 you're looking 10-12 months

[agripa 100]

22 minutes ago, XPeter3994 said:

Option B) Filing I-130 (For a CR-1 Visa) WITH an I-485.  She comes to the US, and I propose.   We get married and send in the I-130 and I-458 at the same time, and she stays here for the entire duration of the document processing.

 

Option B likely constitutes visa fraud. You can't enter on the visa waiver or short-term visa program with the intent of getting married and adjusting your status; perhaps others can chime in.

[A'n'L 735]

Option A is fine, option B is illegal. 

 

As others have mentioned, K1 visa might also be a possibility.

[XPeter3994 0]

Thanks for the replies! 

 

Looks like Option B is out of the question then, we want to remain legal at all times.  Since getting her a Green Card/Work authorization is top priority, would a K-1 be any faster than a CR-1? Sounds like I'm looking at 10-12 months either way.  

[skaratso 84]

33 minutes ago, XPeter3994 said:

Thanks for the replies! 

 

Looks like Option B is out of the question then, we want to remain legal at all times.  Since getting her a Green Card/Work authorization is top priority, would a K-1 be any faster than a CR-1? Sounds like I'm looking at 10-12 months either way.  

 

Well, it all depends on how much time you want to spend together and what work plans in the meantime are.

 

If she wants to work in Canada up until she gets ready to move to the US, then get married first and do the CR1. The average wait is 10-12 months but could be longer. When she arrives after getting the visa she will have her conditional green card already and can start looking for work right away.

 

With the K1 she could still work in Canada until she moved here, but she'd have to wait 3-4 months for the employment authorization afterwards. The K1 visa takes about 6-9 months, but after you get married she gets to stay while going through the green card process (you file for green card and employment authorization simultaneously. AOS takes up to a year, the EAD takes about 3-4 months). On the plus side, not working for 3-4 months would give her a chance to adjust to life in the US.

 

What I'm doing with my Canadian fiancée is the K1. Just like Cryssiekins and her husband.

[A'n'L 735]

No, a K1 would not necessarily (given current processing times) be the fastest route to work authorization (and even longer until GC). Some choose this option because they want to be together as fast as possible, working in the US is less important or because they specifically want to marry in the US (not everyone can obtain a visitor visa). 

[XPeter3994 0]

Thanks for the advice everyone  

 

Since she's a Canadian citizen and can visit with relative ease, I think we'll go with the CR-1 since she'll get her green card the fastest.  One last question: Let's say we get married in June in Canada, and then both travel back to my home in US -- Can we submit the I-130 while she is physically in the U.S. visiting? 

[Transborderwife 4,666]

23 minutes ago, XPeter3994 said:

Thanks for the advice everyone  

 

Since she's a Canadian citizen and can visit with relative ease, I think we'll go with the CR-1 since she'll get her green card the fastest.  One last question: Let's say we get married in June in Canada, and then both travel back to my home in US -- Can we submit the I-130 while she is physically in the U.S. visiting? 

Do not take the 'relative ease" for granted.  There are many folks on here who were denied entry due to an American spouse myself included.  Be sure that she always travels with good ties to her home country.  Also more time out than in is important.  And yes you can file it while she's here 

[Ryan H 3,790]

Moved from IR-1/CR-1 Process & Procedures to What Visa Do I Need - Family Based Immigration forum.

[Loki_Go 126]

As a Canadian I can say that yes, I used to move with ease between the 2 countries before I met my now husband. When you're going through a visa process however, things will change. Canadians are the largest group of visa overstayers in the US.