Fiance work visa

[Eliseo10 0]

I am American living in Canada. I am planning to move back to California with my fiance. We marry in September. Is it beneficial to get married in the US to speed up the work visa process? 

[Georgia16 2,858]

There is no way she can move with you by September. 

 

A K-1 you will have to get married in the US. It's a fiancé visa. You can not get married before you get this visa takes now about 6-8 months. 

After she enter you get married and then file to adjust her status (AOS) she will not be allowed to work til she gets her EAD in about 3 months after you send in the package.

 

CR-1 is the spouse visa. Here you can marry anywhere in the world. It will take about a year to get but your wife will be able to work and travel right away as she will be a permanent resident when she enter on her visa.

[p-ana 933]

Maybe they're thinking about the TN visa? seems like the foreign fiancé is Canadian and that would be an option, although planning on staying and adjusting later on would be fraud

[Georgia16 2,858]

12 minutes ago, p-ana said:

Maybe they're thinking about the TN visa? seems like the foreign fiancé is Canadian and that would be an option, although planning on staying and adjusting later on would be fraud

Yeah could be but he pretty much said it. " I am planning to move back to California with my fiancee"

[Eliseo10 0]

34 minutes ago, Dee elle said:

What visa is your fiance planning on using to enter?

She is allowed to enter the US being Canadian. 

[EandH0904 1,184]

2 minutes ago, Eliseo10 said:

She is allowed to enter the US being Canadian. 

Sure she can enter as a tourist if she plans on going back to Canada after you get married while your CR1 is in process. She can't legally just move to the US with you. 

[Eliseo10 0]

2 minutes ago, EandH0904 said:

Sure she can enter as a tourist if she plans on going back to Canada after you get married while your CR1 is in process. She can't legally just move to the US with you. 

Okay. Thank you. I'm just trying to decide which visa makes the most sense and which will be the quickest to attain. 

[EandH0904 1,184]

Just now, Eliseo10 said:

Okay. Thank you. I'm just trying to decide which visa makes the most sense and which will be the quickest to attain. 

You won't have either one by September so I hope you aren't making plans. There was someone on here the other day who was talking about having made plans.  Only you can decide what's right for you. K1 would be faster if you go to the US then file a fiancé visa for her to join you, usually 6-8 months. If you're set on marrying in September she has to go back to Canada while you file a CR1 which takes 12-16 months. Read the guides, it tells you all the positive and negative to each. 

[EandH0904 1,184]

http://www.visajourney.com/content/compare

[GreatDane 366]

Don't make any plans to get married in the US in September. Look at the pros and cons of each visa - outside of time, there are a lot of different factors. Neither visa will be ready in the next 6 months - 1 year.

[EandH0904 1,184]

12 minutes ago, GreatDane said:

. Neither visa will be ready in the next 6 months - 1 year.

Sometimes a k1 can be. Ours was 4 months 5 days from the day I sent it at the post office till he was in the consulate for his interview 

[GreatDane 366]

6 minutes ago, EandH0904 said:

Sometimes a k1 can be. Ours was 4 months 5 days from the day I sent it at the post office till he was in the consulate for his interview 

Yes - definitely a K1 can be ready in 4 months, if they're ready to file now. It seems like the OP is mainly interested in their partners potential ability to work which would be 7-13 months from their applications (guessing). I should have been more specific.

[Georgia16 2,858]

21 minutes ago, EandH0904 said:

Sometimes a k1 can be. Ours was 4 months 5 days from the day I sent it at the post office till he was in the consulate for his interview 

K-1 visa takes longer right now. People from late 2016/early 2017 are still waiting for NOA2 

Edited June 9, 2017 by Georgia16

[NikLR 13,220]

2 hours ago, Eliseo10 said:

I am American living in Canada. I am planning to move back to California with my fiance. We marry in September. Is it beneficial to get married in the US to speed up the work visa process? 

what work visa? Generally speaking a work visa isn't sped up by having a US spouse or fiance.  Suddenly there is intent to immigrate with such. 

[Eliseo10 0]

13 minutes ago, NikLR said:

what work visa? Generally speaking a work visa isn't sped up by having a US spouse or fiance.  Suddenly there is intent to immigrate with such. 

Not the case here. I just would like to have the option of her working as well. She has a career in Canada. And very likely be transferred within the firm to the states.