What should i do? Wait in Canada or??

[kennedy_rae 0]

I'm not sure what to do. My TN-1 visa is still valid, however I have been out of the US more than 30 days AND I was layed off. My fiancee and I want to marry, we own a home together in the US. I do have a residence (parents) in Canada, however I want to be with my fiancee. I need to be working as well though. Any suggestions? Is the K1 the best route or ???

Edited January 3, 2009 by kennedy_rae

[YuAndDan 153]

Determine what your priorities are.

Keep in mind you are talking immigrations so your INTENT is clearly immigrations, so simply entering the USA as a visitor, marrying and then filing for adjustment is NOT a good option, this is VISA Fraud, and is taken seriously by USCIS.

K-1 tends to be quicker, and you can always visit during its processing.

CR-1 is another option and costs much less that the K-Visas, CR-1 allows work immediately after entry on the visa and gets green-card upon entry. K-Visas require adjustment of status to get green-card.

For the most part CR-1 tends to take a bit longer than K-3 to get if you prepare for NVC when they request I-864 fee, and Visa fee, as well as documents requested by NVC. In many cases the CR-1 petition reaches the consulate just before K-3 interview, which causes K-3 to get dropped and the interview becomes a CR-1 visa interview.

K-1:

I-129F: $455

Consulate $131

AOS: $1010

($1596)

K-3:

I-130: $355

I-129F: NONE

Consulate: $131

AOS: $1010

($1496)

CR-1

I-130: $355

NVC I-864: $70

NVC Visa fee: $400 ($355+$45)

($825)

I see many posts from K-3 holders stating, "Wow this sucks, I am stuck at home because I don't have EAD, DL, etc, or I am having hard time getting added to bank accounts because of NO SSN." K-3 has a 90 day or longer period of limbo while waiting for EAD or Green-card.

K-3 was developed at a time when CR-1 was taking much longer that today, NVC has greatly streamlined the CR-1 process to the point where K-3 becomes irrelevant.

This is not a working/traveling prior to AOS topic, moving this to the K-1 forum since thus is the visa you have been talking about in your treads.

[pushbrk 14,560]

Determine what your priorities are.

Keep in mind you are talking immigrations so your INTENT is clearly immigrations, so simply entering the USA as a visitor, marrying and then filing for adjustment is NOT a good option, this is VISA Fraud, and is taken seriously by USCIS.

K-1 tends to be quicker, and you can always visit during its processing.

CR-1 is another option and costs much less that the K-Visas, CR-1 allows work immediately after entry on the visa and gets green-card upon entry. K-Visas require adjustment of status to get green-card.

For the most part CR-1 tends to take a bit longer than K-3 to get if you prepare for NVC when they request I-864 fee, and Visa fee, as well as documents requested by NVC. In many cases the CR-1 petition reaches the consulate just before K-3 interview, which causes K-3 to get dropped and the interview becomes a CR-1 visa interview.

K-1:

I-129F: $455

Consulate $131

AOS: $1010

($1596)

K-3:

I-130: $355

I-129F: NONE

Consulate: $131

AOS: $1010

($1496)

CR-1

I-130: $355

NVC I-864: $70

NVC Visa fee: $400 ($355+$45)

($825)

I see many posts from K-3 holders stating, "Wow this sucks, I am stuck at home because I don't have EAD, DL, etc, or I am having hard time getting added to bank accounts because of NO SSN." K-3 has a 90 day or longer period of limbo while waiting for EAD or Green-card.

K-3 was developed at a time when CR-1 was taking much longer that today, NVC has greatly streamlined the CR-1 process to the point where K-3 becomes irrelevant.

This is not a working/traveling prior to AOS topic, moving this to the K-1 forum since thus is the visa you have been talking about in your treads.

The Guides will fill you in on all of this, of course but the CR1 path requires you marry before starting the immigration process. The K1 doesn't. Since working is important to you, I'd be looking at the CR1, since there's really no other way you're going to be working in the US anytime soon.

[Carlawarla 1]

I'm not sure what to do. My TN-1 visa is still valid, however I have been out of the US more than 30 days AND I was layed off. My fiancee and I want to marry, we own a home together in the US. I do have a residence (parents) in Canada, however I want to be with my fiancee. I need to be working as well though. Any suggestions? Is the K1 the best route or ???

You've already had great advise so far. I just wanted to welcome you to VJ, and ask that you check out the Canada forum which you might find useful. Here's the link:

http://www.visajourney.com/forums/index.php?showforum=93

You'll also find helpful information here as well:

http://www.visajourney.com/wiki/index.php/Canada

All the best in whatever decision you make!