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Marion63

Where do I start..

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Filed: Other Country: Canada
Timeline

I am a Permanent Resident of Canada and I am a Dutch Citizen.

My significant other is a USC.

We have a relationship for nearly 2 1/2  years and we spent as much time together as possible.

We live an hour away.

Our question is..Where do I start the immigration process.

Do we need to be married in order for me to move to the USA.

I have a great job in Canada and am also wondering if I am able to live in the USA and continue my job in Canada?

All replies are appreciated.

Thank you.

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You can either do a K-1 and marry in the US within 90 days of entering on the visa, or you can marry (anywhere) and do a CR-1 visa.

 

A CR-1 is superior to a K-1 in pretty much every way, but takes about 12-14 months for approval. A K-1 takes about 6-8 months on average.

 

CR-1

K-1

  • Can only work after getting married and filing for AOS + an EAD. ETA: 3-4 months after filing for AOS.
  • Can only leave the US after getting married and filing for AOS + AP. ETA: 3-4 months after filing for AOS.
  • Requires filing for AOS to get a green card after marriage ($1225 fee)
  • More expensive
  • http://www.visajourney.com/content/k1guide

If you do the K-1 visa, the ability to work remotely for foreign employer while being paid in a foreign account is considered a gray area...basically a mix of immigration and tax law. It shouldn't be an issue, but nobody can say something definitively (just that they did so and it was not an issue). With a CR-1, it's no issue at all since you are allowed to work immediately.

 

tldr; If you're willing to spend a couple extra months longer in your current setup, it's cheaper and much simpler (overall) to get married and do the CR-1 visa.

Edited by geowrian

Timelines:

ROC:

Spoiler

7/27/20: Sent forms to Dallas lockbox, 7/30/20: Received by USCIS, 8/10 NOA1 electronic notification received, 8/1/ NOA1 hard copy received

AOS:

Spoiler

AOS (I-485 + I-131 + I-765):

9/25/17: sent forms to Chicago, 9/27/17: received by USCIS, 10/4/17: NOA1 electronic notification received, 10/10/17: NOA1 hard copy received. Social Security card being issued in married name (3rd attempt!)

10/14/17: Biometrics appointment notice received, 10/25/17: Biometrics

1/2/18: EAD + AP approved (no website update), 1/5/18: EAD + AP mailed, 1/8/18: EAD + AP approval notice hardcopies received, 1/10/18: EAD + AP received

9/5/18: Interview scheduled notice, 10/17/18: Interview

10/24/18: Green card produced notice, 10/25/18: Formal approval, 10/31/18: Green card received

K-1:

Spoiler

I-129F

12/1/16: sent, 12/14/16: NOA1 hard copy received, 3/10/17: RFE (IMB verification), 3/22/17: RFE response received

3/24/17: Approved! , 3/30/17: NOA2 hard copy received

 

NVC

4/6/2017: Received, 4/12/2017: Sent to Riyadh embassy, 4/16/2017: Case received at Riyadh embassy, 4/21/2017: Request case transfer to Manila, approved 4/24/2017

 

K-1

5/1/2017: Case received by Manila (1 week embassy transfer??? Lucky~)

7/13/2017: Interview: APPROVED!!!

7/19/2017: Visa in hand

8/15/2017: POE

 

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  • 2 weeks later...
Filed: IR-1/CR-1 Visa Country: Honduras
Timeline

If you can already travel to and from the U.S. as a tourist, I wouldn't bother with a K1 visa.  It is only meant to give a visa to someone to come and marry and then adjust status to CR1.    There would be needless extra paperwork and fees if you don't need any visa to see each other already.  In fact, you can't leave the US on a K1 visa and re-enter with it.  No ability to work or any other benefit.  If you can visit and can marry already, go for the CR-1.  More waiting, but it sounds like you don't have a barrier to seeing each other.

 

If you plan to stay in Canada and work, I would talk it over with a lawyer. But, I guess it 's more of whether you live together as spouses that makes a difference more than where you live.  After two years with a CR-1, they will want to see you've been living as a married couple since getting the visa to adjust it to a permant residency.  The CR-1 is conditional for two years.  

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Filed: Citizen (apr) Country: Taiwan
Timeline

Almost every week, someone on VJ who entered on a K-1 says that they wish they had done the CR-1 instead. The reasons in the above two posts explain why.

Good luck and welcome to Visa Journey. This is a great community of like-minded users who found love across borders.....

Edited by missileman

"The US immigration process requires a great deal of knowledge, planning, time, patience, and a significant amount of money.  It is quite a journey!"

- Some old child of the 50's & 60's on his laptop 

 

Senior Master Sergeant, US Air Force- Retired (after 20+ years)- Missile Systems Maintenance & Titan 2 ICBM Launch Crew Duty (200+ Alert tours)

Registered Nurse- Retired- I practiced in the areas of Labor & Delivery, Home Health, Adolescent Psych, & Adult Psych.

IT Professional- Retired- Web Site Design, Hardware Maintenance, Compound Pharmacy Software Trainer, On-site go live support, Database Manager, App Designer.

______________________________________

August 7, 2022: Wife filed N-400 Online under 5 year rule.

November 10, 2022: Received "Interview is scheduled" letter.

December 12, 2022:  Received email from Dallas office informing me (spouse) to be there for combo interview.

December 14, 2022: Combo Interview for I-751 and N-400 Conducted.

January 26, 2023: Wife's Oath Ceremony completed at the Plano Event Center, Plano, Texas!!!😁

February 6, 2023: Wife's Passport Application submitted in Dallas, Texas.

March 21, 2023:   Wife's Passport Delivered!!!!

May 15, 2023 (about):  Naturalization Certificate returned from Passport agency!!

 

In summary, it took 13 months for approval of the CR-1.  It took 44 months for approval of the I-751.  It took 4 months for approval of the N-400.   It took 172 days from N-400 application to Oath Ceremony.   It took 6 weeks for Passport, then 7 additional weeks for return of wife's Naturalization Certificate.. 
 

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Cr1 takes about a year after sending off the I-130 petition.  You would interview in Montreal but can do the medical in Surrey, Toronto area or Montreal. 

You have brains in your head. You have feet in your shoes. You can steer yourself any direction you choose.  - Dr. Seuss

 

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  • 5 weeks later...
On 9/4/2017 at 5:17 AM, bakphx1@aol.com said:

Your CR1 serves as a Green Card for a year, so you can work from the day you get it.  


Correction: CR-1 visa is used to enter the US. A few weeks after arrival she will receive her two year conditional green card if she has been married for less than two years. She gets a I-1551 stamp in her passport that is valid to show permanent residency until her psychical card comes in the mail. 

Edited by Dutchster

01/13/2016: I-129F filed  07/15/2016: K-1 visa in hand
10/13/2016: Filed AOS + EAD/AP.   07/07/2017: Permanent resident (Conditional)
04/16/2019: Filed ROC  11/17/2020: Approved. (10 yr GC)

 

Naturalization                                                        
09/02/2020: Filed (Online)    09/08/2020: NOA1: (NBC
10/22/2020: Biometrics Reuse Notice.  12/22/2020: Online Status Changed to Interview Was Scheduled.  
01/29/2021: N-400 Interview - PASSED! 01/29/2021: Same-day oath ceremony.  

'Merica. 

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9 hours ago, Dutchster said:


Correction: CR-1 visa is used to enter the US. A few weeks after arrival she will receive her two year conditional green card if she has been married for less than two years. She gets a I-1551 stamp in her passport that is valid to show permanent residency until her psychical card comes in the mail. 

There is no I-551 stamp for those entering on a CR1 OR IR1 visa.  The endorsed visa becomes a temporary green card valid for 1 year upon POE.  This is different than the I-551 stamp given by a USCIS office.  

The hard copy of the green card can take 3 weeks to 8+ months to get depending on when the immigrant fee was paid and the speed of the USCIS. 

Edited by NikLR

You have brains in your head. You have feet in your shoes. You can steer yourself any direction you choose.  - Dr. Seuss

 

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11 minutes ago, NikLR said:

There is no I-551 stamp for those entering on a CR1 OR IR1 visa.  The endorsed visa becomes a temporary green card valid for 1 year upon POE.  This is different than the I-551 stamp given by a USCIS office.  

The hard copy of the green card can take 3 weeks to 8+ months to get depending on when the immigrant fee was paid and the speed of the USCIS. 

Thanks for the catch. I'm not sure why I was so confused with the I-1551 lol. 

01/13/2016: I-129F filed  07/15/2016: K-1 visa in hand
10/13/2016: Filed AOS + EAD/AP.   07/07/2017: Permanent resident (Conditional)
04/16/2019: Filed ROC  11/17/2020: Approved. (10 yr GC)

 

Naturalization                                                        
09/02/2020: Filed (Online)    09/08/2020: NOA1: (NBC
10/22/2020: Biometrics Reuse Notice.  12/22/2020: Online Status Changed to Interview Was Scheduled.  
01/29/2021: N-400 Interview - PASSED! 01/29/2021: Same-day oath ceremony.  

'Merica. 

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