which visa???

[milly7 0]

Guys

I am a Canadian and UK citizen living in Vancouver.

I am planning to apply for TN status this summer, however now marraige has come into the mix, after my boyfriend and I discussed it at the weekend, we have been together for 3 years.

I have read up on the CR-1, which seems to take approx 1 year start to finish, as montreal can be slow (please correct me if I am wrong)

I am unclear on the K1...whats the advantages/disadvantages? I have a daughter in BC who needs to travel back to see her father, my understanding is I may be landlocked in the US for a certain period once its granted?

Also, my boyfriends income is low, hes a theatre worker...how does that work? I am an atorney, but is my earning capacity irrelevant?

Thanks in advance!

[pushbrk 12,966]

Guys

I am a Canadian and UK citizen living in Vancouver.

I am planning to apply for TN status this summer, however now marraige has come into the mix, after my boyfriend and I discussed it at the weekend, we have been together for 3 years.

I have read up on the CR-1, which seems to take approx 1 year start to finish, as montreal can be slow (please correct me if I am wrong)

I am unclear on the K1...whats the advantages/disadvantages? I have a daughter in BC who needs to travel back to see her father, my understanding is I may be landlocked in the US for a certain period once its granted?

Also, my boyfriends income is low, hes a theatre worker...how does that work? I am an atorney, but is my earning capacity irrelevant?

Thanks in advance!

Your earning capacity is irrelevant unless the income will continue from the same source after you immigrate. CR1 is a bit faster now through Montreal if you opt in to the electronic processing through NVC. (The second stage of the process)

Yes, you are both land locked for a few months using the K1 and K2 visas.

[Carlawarla 1]

Guys

I am a Canadian and UK citizen living in Vancouver.

I am planning to apply for TN status this summer, however now marraige has come into the mix, after my boyfriend and I discussed it at the weekend, we have been together for 3 years.

I have read up on the CR-1, which seems to take approx 1 year start to finish, as montreal can be slow (please correct me if I am wrong)

I am unclear on the K1...whats the advantages/disadvantages? I have a daughter in BC who needs to travel back to see her father, my understanding is I may be landlocked in the US for a certain period once its granted?

Also, my boyfriends income is low, hes a theatre worker...how does that work? I am an atorney, but is my earning capacity irrelevant?

Thanks in advance!

Hi Milly!

Welcome to VJ!

A K-1 visa is a fiance's visa, and such, you can't be married until you're granted a visa, and you move to the U.S. Thereafter, you have to get married within 90 days, and then adjust status. This will then allow you to work and travel outside the U.S. and return. There are provisions however for you to get Advanced Parole, and Employment Authorization BEFORE Green Card approval, usually within about 2 months after submitting the paperwork after your marriage, so the time frame for travel to Canada might not be that long. Your being in Vancouver will allow you to be interviewed in Vancouver, and not Montreal for this type of Visa, so your timeline will be drastically reduced time-wise. You could in essence from start of mailing your petition to being issued your visa, be looking at about a 4-6 months wait, and then after issuance of the visa, you have up to 6 months to enter on that visa.

A CR-1 is a marriage visa. Roughly takes 10-12 months, and yes, you'd have to be interviewed in Montreal. That's the only place in Canada they interview for those types of visas. Montreal is short staffed right now, so it could be a long time before interview. The CR-1 visa however allows for immediate entry and exit of the U.S. once activated, and you receive your GC soon after arrival (like about 3-6 weeks), so you'd be able to work soon after arrival. This visa of course costs more, but the money is paid upfront more than a K-1, which requires additional monies after the K-1 is issued, and in the U.S.

Another option is a K-3, which is a marriage based visa. These are somewhat obsolete as for most people, the time frame for issuance of this visa and a CR-1 visa is roughly the same, and cost wise, you'd be wise to just apply for a CR-1 visa. HOWEVER, because you are in Vancouver already, you might want to look at this option, because again, the time frame for issuance is greatly reduced because you'd be interviewed in Vancouver.

Please read the guides above, to see about the differences between these visas, but remember the information I've given you, depending on which Consulate in Canada you would be interviewed at.

A recent member from Vancouver in the Canada Forum from start to finish, was done in 160 days for a K-3, while there are people waiting in Canada right now, that have to be interviewed in Montreal for a CR-1 that are already waiting a year, with no interview in sight.

There are some in's and out's with a TN visa, and marriage, things you may or may not be wanting to look at. I've PM'd another member of the Canada Forum here to see if he can stop by and provide you with some much needed information if you do want to go that way in terms of when it's best to marry if you're going to be getting a TN visa.

Hope this info helps!

Drop by the Canada Forum as well, for some helpful information, or to post questions!

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

[Nik+Heather 121]

VJ gallery, a question for you: K1 is to K2 as CR1 is to ???

Sounds like her boyfriend will also have to petition her daughter. If they are married does he do an immediate relative petition for her daughter as well or is there a similar derivative visa for her daughter like there is for K1/K2?

Milly, if it's important that you are able to work and travel immediately upon entry, then your only option is the CR-1 visa (K3 also, but it's more expensive and takes just as long for US entry and longer for green card). You will need to be married first, but a courthouse/Las Vegas drive through paperwork deal is sufficient to get the process going, and you can plan a big bash for later.

Regarding the income, check out the I864 and the I864p for 2009. Your boyfriend will need the income/assets to meet this, or you guys will need to find a US citizen or US permanent resident who meets the financial qualifications to be a joint sponsor for you and your daughter.

Also, getting a visa for your daughter frequently means that you will need to prove that you have sole custody of her, or that the father approves...

Edited January 15, 2010 by Nik+Heather

[payxibka 10,045]

VJ gallery, a question for you: K1 is to K2 as CR1 is to ???

CR2

[pushbrk 12,966]

CR2

CR2 is corrrect but it is not derivitive from the same petition like the K2 is. The petitioner files an I-130 for each intending immigrant but the child will not be granted a visa unless their parent is.

[Carlawarla 1]

VJ gallery, a question for you: K1 is to K2 as CR1 is to ???

Sounds like her boyfriend will also have to petition her daughter. If they are married does he do an immediate relative petition for her daughter as well or is there a similar derivative visa for her daughter like there is for K1/K2?

Milly, if it's important that you are able to work and travel immediately upon entry, then your only option is the CR-1 visa (K3 also, but it's more expensive and takes just as long for US entry and longer for green card). You will need to be married first, but a courthouse/Las Vegas drive through paperwork deal is sufficient to get the process going, and you can plan a big bash for later.

Regarding the income, check out the I864 and the I864p for 2009. Your boyfriend will need the income/assets to meet this, or you guys will need to find a US citizen or US permanent resident who meets the financial qualifications to be a joint sponsor for you and your daughter.

Also, getting a visa for your daughter frequently means that you will need to prove that you have sole custody of her, or that the father approves...

Just wondering if you read my post Nik+Heather. The OP is in Vancouver. A K-3 might be more expensive, but the timeline, at least in Canada (with only two Consulates and CR-1's ONLY being interviewed in Montreal) the wait time would be considerably less as I indicated above. Another thing, is cost, yes, however again, with flights for 1 person domestically from Vancouver to Montreal, might be approximately $1000.00 so you'd have to weigh the costs in there as well as hotel. The OP lives in the same city as the Consulate in Vancouver.

[warlord 73]

There are some in's and out's with a TN visa, and marriage, things you may or may not be wanting to look at. I've PM'd another member of the Canada Forum here to see if he can stop by and provide you with some much needed information if you do want to go that way in terms of when it's best to marry if you're going to be getting a TN visa.

Hope this info helps!

Drop by the Canada Forum as well, for some helpful information, or to post questions!

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

Well if you are doing the TN status this summer. The best bet would be get that and then after getting the TN status get married possibly a few months later if you wish. This would give you a lot of time, though now that TNs are 3 years, you could even wait another year or so or more if you wanted before getting married.

This might be the best option, this way maybe your boyfriend might secure a better job down the road and unfortunatly I don't know what he needs to make, but I think it's at least $10,000 or something like that. So not that much, but you may need to look into that more.

Getting married while already working on a TN is fairly straight forward. Just a matter of filing all the paper work for AOS after the marriage. I'd definatly suggest waiting some time however, just to make it not seem you are doing the TN just to get married, plus to get him maybe a better job to satisfy the money sponsorship...

[pushbrk 12,966]

Just wondering if you read my post Nik+Heather. The OP is in Vancouver. A K-3 might be more expensive, but the timeline, at least in Canada (with only two Consulates and CR-1's ONLY being interviewed in Montreal) the wait time would be considerably less as I indicated above. Another thing, is cost, yes, however again, with flights for 1 person domestically from Vancouver to Montreal, might be approximately $1000.00 so you'd have to weigh the costs in there as well as hotel. The OP lives in the same city as the Consulate in Vancouver.

Yes, K3/4 is a viable option worth considering in this case. However, they must also consider the impact of no work authorization until filed separately in the case of K3. Often, the inability to work for 4 or more months far outweighs other financial considerations. Certainly all other financial concerns are reversed when considering travel for two cross country and lodging for a week or more as compared to taking care of everything near home. For getting the visa, K3 will end up being less expensive when considering travel expense.

[milly7 0]

Well if you are doing the TN status this summer. The best bet would be get that and then after getting the TN status get married possibly a few months later if you wish. This would give you a lot of time, though now that TNs are 3 years, you could even wait another year or so or more if you wanted before getting married.

This might be the best option, this way maybe your boyfriend might secure a better job down the road and unfortunatly I don't know what he needs to make, but I think it's at least $10,000 or something like that. So not that much, but you may need to look into that more.

Getting married while already working on a TN is fairly straight forward. Just a matter of filing all the paper work for AOS after the marriage. I'd definatly suggest waiting some time however, just to make it not seem you are doing the TN just to get married, plus to get him maybe a better job to satisfy the money sponsorship...

I agree with this route too. once in on the TN,I will be earning a decent salary and then can think about marraige later. My boyfriend makes around $20,000 as his hours have just been reduced, plus hes a musician..(ha ha..thats another story...are musicians marrage material?...just joking)

Thank you all so much for your amazing replies, it has really helped.

Yes, K3/4 is a viable option worth considering in this case. However, they must also consider the impact of no work authorization until filed separately in the case of K3. Often, the inability to work for 4 or more months far outweighs other financial considerations. Certainly all other financial concerns are reversed when considering travel for two cross country and lodging for a week or more as compared to taking care of everything near home. For getting the visa, K3 will end up being less expensive when considering travel expense.

Thank you for taking the time to reply...my confusion is this.....ok, so when I am granted the visa (K3)....I enter the US but CANNOT work until I obtain work authorization? that would ne tough....

[pushbrk 12,966]

I agree with this route too. once in on the TN,I will be earning a decent salary and then can think about marraige later. My boyfriend makes around $20,000 as his hours have just been reduced, plus hes a musician..(ha ha..thats another story...are musicians marrage material?...just joking)

Thank you all so much for your amazing replies, it has really helped.

Thank you for taking the time to reply...my confusion is this.....ok, so when I am granted the visa (K3)....I enter the US but CANNOT work until I obtain work authorization? that would ne tough....

Yes, that's the rub. It's usually a balancing act.