Differences between visas

[Lemonslice 4,570]

Hi!

I am (a confused!) Canadian and my boyfriend is American. We didn't file any visa requests yet, and I would like to have your opinion before we start.

1. K1 option: We file the request for the visa and once we get it I can stay up to 90 days in the USA but we do have to get married during that period (or I have to go back home).

- After the wedding, am I allowed to work or is there another delay?

- Do we have to get married in the USA, or can we get married back in Quebec or elope in Jamaica?

2. K3 option: We get married and then file the request for the visa.

- Can we choose to get married in the USA, in Quebec or in Jamaica? or do we have to do it outside of the USA?

- After the wedding, when we file the request for the visa, are we still allowed to visit each other (me crossing the border to the USA, him to Canada?)

- Can I move in with him until we get the visa and not work? Or do I have to stay in Canada?

- Once we get the visa, from my understanding, I am allowed to work, right?

3. NAFTA agreement: I have a professional job included in the NAFTA list; is that an easier way to go? Or is that good only for "work" and not to marry?

I am sorry, I have tons of questions right now in my head and I am trying to determine which way we should go.

Thank you!

[Dakine 26]

Hi!

I am (a confused!) Canadian and my boyfriend is American. We didn't file any visa requests yet, and I would like to have your opinion before we start.

1. K1 option: We file the request for the visa and once we get it I can stay up to 90 days in the USA but we do have to get married during that period (or I have to go back home).

- After the wedding, am I allowed to work or is there another delay?

- Do we have to get married in the USA, or can we get married back in Quebec or elope in Jamaica?

2. K3 option: We get married and then file the request for the visa.

- Can we choose to get married in the USA, in Quebec or in Jamaica? or do we have to do it outside of the USA?

- After the wedding, when we file the request for the visa, are we still allowed to visit each other (me crossing the border to the USA, him to Canada?)

- Can I move in with him until we get the visa and not work? Or do I have to stay in Canada?

- Once we get the visa, from my understanding, I am allowed to work, right?

3. NAFTA agreement: I have a professional job included in the NAFTA list; is that an easier way to go? Or is that good only for "work" and not to marry?

I am sorry, I have tons of questions right now in my head and I am trying to determine which way we should go.

Thank you!

Bottomline is do ma K1 or CR-1. At this time the K3 isn't happening compared to a CR-1

[Eric_and_Corinna 0]

As far as visiting during the visa process, you can as long as you establish strong ties to your current home, job, etc. Lease or mortgage agreements, a note from work saying they expect you back on such and such date, utility bills, etc. Even then it's not a "for sure" thing and it is up to the particular border officer to decide if you are making the big move. No guarantees there...

Haole is right about the K-3 versus the CR-1. It seems (to me) that the CR-1 is taking about the same amount of time as the K-3, so if I were to do it over I would have done the CR-1. Read the guides at the top of the page to see which one makes sense for you. The K-3 was supposed to get you together with your loved one the quickest (of the already married visas) but it hasn't been working that way lately.

Good luck!

[MsZ 6]

If I had to do it all again, I'd either go K1 and say screw working for 3 months or so post-wedding or go NAFTA and date longer and get married whenever it seems right. And if it works out such that you can adjust status after marriage, so be it.

I would not have gone with a CR1.

Trying to maximize options in terms of working and freedom to cross the border, etc. has only managed to cost a lot of time. So what if we're both working? We're spending that money on two houses!

However, we've been crossing for visits back and forth now w/o any problems. He carries documentation of his ties to Canada, but hasn't had to use them. He says he's going to visit his wife and they tell him to enjoy his visit.

[rae_and_scott 1]

Hi!

I am (a confused!) Canadian and my boyfriend is American. We didn't file any visa requests yet, and I would like to have your opinion before we start.

...

3. NAFTA agreement: I have a professional job included in the NAFTA list; is that an easier way to go? Or is that good only for "work" and not to marry?

TN visas (a NAFTA visa) can be very easy and very quick to get. As far as intending to come here and marry, I honestly don't know if there is any conflict with that, or if it would be considered visa fraud (I bet someone on here knows the answer to that). But in the past I got a TN visa, and I have a Canadian friend here who used to have one (until he married an American and adjusted status). As long as you have a job offer (have to have that first), getting your TN can be super quick. You can either compile all the proper docs and apply for it at the border or if you're near a consulate you can apply there (I did in NY; was approved in a week; got the actual visa at the border & it was super simple).

[rae_and_scott 1]

1. K1 option: We file the request for the visa and once we get it I can stay up to 90 days in the USA but we do have to get married during that period (or I have to go back home).

- After the wedding, am I allowed to work or is there another delay?

- Do we have to get married in the USA, or can we get married back in Quebec or elope in Jamaica?

I responded before reading all of your post. Here are some answers to your first question:

After the wedding, you would then file for AOS (Adjustment of Status, i.e. getting your Green Card). In that paperwork you are also filing for AP (Advance Parole, so you can travel outside the US) and EAD (work authorization). These last 2 take 2-3 months to get. So, after you marry, and after you file for AOS, you have approximately 2-3 months more to wait until you can work.

You have to get married in the US. You cannot legally do it in Quebec, Jamaica, or anywhere outside the States.

If you really want to have a ceremony somewhere else, you can do what we're doing: going to city hall to take care of the legal marriage right away, then planning a symbolic ceremony in Quebec much later, after we have AP.

[MsZ 6]

If you go NAFTA with the intent of marriage and adjustment of status, yes, that's visa fraud. But if you decide you're going to just date and see where it leads, it is not.

I probably wouldn't have gotten married when I did if it were not for weighing the visa options versus our hopes for being together, working and travel. NAFTA and dating longer would have been a really good option because it allows for dating in close proximity which of course is a good thing when evaluating a potential mate.

[Rachel Marie 0]

My hubby and I got married legally in the states (with a court clerk) and then had a religious ceremony (without the signing of the book or whatever) in St. John's a few months later, so we could start the paperwork. There's another option for you.

[Flames9_RN 358]

Good posts from the above!! Lots of good step by step info here http://www.visajourney.com/forums/index.ph...amp;page=guides and this one explains the diffs between the visas: http://www.visajourney.com/forums/index.ph...mp;page=compare

One just has to decide what works best for yourself. back when I got my cr-1,it only took around 6 months, now its around 10-12 months.

With the k3, unless you get the EAD, ur NOT able to work, where as the CR-1, you can work right away. The second link explains it well.

Can one visit while undergoing the process? YES, but one can be denied entry. pretty much boils down to the POE officer. Many like myself traveled to the USA with no problems at all, but some do get denied (which isn't a big deal if you tell the truth, lie, well , then u could be in a world of hurt, lol so never lie!)

my advice on visiting:

1) Always tell the TRUTH. never lie to the POE officer

2) Be confident in ur replies

3)keep ur response short and to the point, dont tell ur life story!!

4) look the POE officer in the eye when speaking to them. They are looking for people lieing and have been trained to find them!

5)pack light! No job resumes with you

6) Bring ties to Canada (letter from employer when ur expected back at work, lease, etc etc)

7) Always be polite, being rude isnt going to get ya anywhere, and could make things worse!!

8) have a plan in case u do get denied (be polite) It wont harm ur visa application if ur denied,that is if ur polite and didnt lie! Refer to #1

Best of luck

[Reba 2]

If you get married in Jamaica and then petition for a K3, you'd have to fly back to Jamaica for the visa interview, which is an added headache and expense you probably don't want. So if you get married before petitioning for anything, go for the CR1 instead.

[Lemonslice 4,570]

Thank you very much for all the details, it will help us make a decision! I'll keep you updated once we decide which way we'll go