Please Help! Canadian looking at a K1, K3 or CR-1. Which best fits my situation and which gets me in the US the quickest??

[js66 0]

Hello everyone,

I’m looking for some information on what will be the quickest Visa to be approved and what would be best for me.. The K1, the K3 or the CR-1.

I have looked all over the site and it seems like the approvals range all over the map. I’m sure there are many reasons for that so I thought I’d ask some of the really knowledgeable people here.

My Situation:

- I’m Canadian and I’ve been here in the US for 8 years on multiple TN Visas

- My TN Visa will expire in late June

- I am not currently married but we are talking about getting married before my TN visa expires if that would speed up the process.

- My job is changing from a contractor to a company employee. As an employee my company doesn’t want to be involved in any Visas so I have to do this on my own another TN visa is not an option.

- My company is global. They have told me that if I go to Canada I can keep my position and work there. If I choose to become legal to work in the US they will transfer me to the US payroll when that is an option and I can live in the US again.

- I have to accept the company position before I have time to do an AOS. I need to be on the Canadian or American payroll in about 6 weeks. I would not be able to stay in the US the required 90 days after marriage. If I stayed in the US with out starting work in Canada the company can not hold my position at work and I would be unemployed.

My objectives

- I want to marry my girlfriend that I live with and have been dating a few years and I want us together as much as possible

- To be legal to work in the US as soon as possible

- I want to take the new position offered to me as a company employee

From what I can tell I’m in a position where I can apply for a K1, K3 or CR-1. I really don’t know what would be the best.

Because I can’t stay the 90 day’s it sounds like I will have to go to Canada. I would have loved the AOS but it doesn’t look like an option. I may or may not get married prior to that depending on what would keep us together more. I would like to marry before leaving but I may not if a fiancé visa would be quicker.

I have heard many different times for the various visas and am getting conflicting reports from attorneys I have talked to. I spoke with two attorneys about CR-1’s. One attorney is telling me 6 months and the other is telling me about 12 months. One is telling me I can visit the US while I wait the other says I cannot.

Everyone here is so kind and knowledgeable. Any advice or help would be greatly appreciated.

[Ed+Cindy 1]

If you have legal (non-tourist) status in the US, can't you just marry and file Adjustment of Status?

I don't know much about TN visas, but I know several people that have married on H visas and filed AOS without issue. Since you have been here for 8 years, there is no suspicion that you used a TN visa to immigrate and marry.

There is a forum for adjusting status from work and student visas. You should post your question there.

Edited April 16, 2009 by Ed+Cindy

[pushbrk 13,624]

Hello everyone,

I’m looking for some information on what will be the quickest Visa to be approved and what would be best for me.. The K1, the K3 or the CR-1.

I have looked all over the site and it seems like the approvals range all over the map. I’m sure there are many reasons for that so I thought I’d ask some of the really knowledgeable people here.

My Situation:

- I’m Canadian and I’ve been here in the US for 8 years on multiple TN Visas

- My TN Visa will expire in late June

- I am not currently married but we are talking about getting married before my TN visa expires if that would speed up the process.

- My job is changing from a contractor to a company employee. As an employee my company doesn’t want to be involved in any Visas so I have to do this on my own another TN visa is not an option.

- My company is global. They have told me that if I go to Canada I can keep my position and work there. If I choose to become legal to work in the US they will transfer me to the US payroll when that is an option and I can live in the US again.

- I have to accept the company position before I have time to do an AOS. I need to be on the Canadian or American payroll in about 6 weeks. I would not be able to stay in the US the required 90 days after marriage. If I stayed in the US with out starting work in Canada the company can not hold my position at work and I would be unemployed.

My objectives

- I want to marry my girlfriend that I live with and have been dating a few years and I want us together as much as possible

- To be legal to work in the US as soon as possible

- I want to take the new position offered to me as a company employee

From what I can tell I’m in a position where I can apply for a K1, K3 or CR-1. I really don’t know what would be the best.

Because I can’t stay the 90 day’s it sounds like I will have to go to Canada. I would have loved the AOS but it doesn’t look like an option. I may or may not get married prior to that depending on what would keep us together more. I would like to marry before leaving but I may not if a fiancé visa would be quicker.

I have heard many different times for the various visas and am getting conflicting reports from attorneys I have talked to. I spoke with two attorneys about CR-1’s. One attorney is telling me 6 months and the other is telling me about 12 months. One is telling me I can visit the US while I wait the other says I cannot.

Everyone here is so kind and knowledgeable. Any advice or help would be greatly appreciated.

Because you need work authorization when you immigrate to the US, the CR1 is definitely the visa that fits your circumstances. However, I don't know where you get the "required 90 days" after marriage. Perhaps you're thinking it takes at least 90 days to complete the status adjustment after filing. If so, I'd think in terms of more like six or more months possible. All this screams CR1.

[minnew 4]

Hello everyone,

I’m looking for some information on what will be the quickest Visa to be approved and what would be best for me.. The K1, the K3 or the CR-1.

I have looked all over the site and it seems like the approvals range all over the map. I’m sure there are many reasons for that so I thought I’d ask some of the really knowledgeable people here.

My Situation:

- I’m Canadian and I’ve been here in the US for 8 years on multiple TN Visas

- My TN Visa will expire in late June

- I am not currently married but we are talking about getting married before my TN visa expires if that would speed up the process.

- My job is changing from a contractor to a company employee. As an employee my company doesn’t want to be involved in any Visas so I have to do this on my own another TN visa is not an option.

- My company is global. They have told me that if I go to Canada I can keep my position and work there. If I choose to become legal to work in the US they will transfer me to the US payroll when that is an option and I can live in the US again.

- I have to accept the company position before I have time to do an AOS. I need to be on the Canadian or American payroll in about 6 weeks. I would not be able to stay in the US the required 90 days after marriage. If I stayed in the US with out starting work in Canada the company can not hold my position at work and I would be unemployed.

My objectives

- I want to marry my girlfriend that I live with and have been dating a few years and I want us together as much as possible

- To be legal to work in the US as soon as possible

- I want to take the new position offered to me as a company employee

From what I can tell I’m in a position where I can apply for a K1, K3 or CR-1. I really don’t know what would be the best.

Because I can’t stay the 90 day’s it sounds like I will have to go to Canada. I would have loved the AOS but it doesn’t look like an option. I may or may not get married prior to that depending on what would keep us together more. I would like to marry before leaving but I may not if a fiancé visa would be quicker.

I have heard many different times for the various visas and am getting conflicting reports from attorneys I have talked to. I spoke with two attorneys about CR-1’s. One attorney is telling me 6 months and the other is telling me about 12 months. One is telling me I can visit the US while I wait the other says I cannot.

Everyone here is so kind and knowledgeable. Any advice or help would be greatly appreciated.

There have been Canadians on this forum who have adjusted from TN status. Check out the Canadian regional forum for more information. If you got married before your TN expired and sent in the AOS paperwork, you also apply for work authorization (I-765) if you choose. Once you send in the AOS paperwork you would get an appointment letter to go for biometrics and usually within 90 days an EAD will be granted.