apply for k ? but work in canada

[sallycat 0]

I live and work in windsor, ontario. My boyfriend is in detroit. We would like to get married soon. However, I want to be able to continue working in canada.

I don't care if I obtain a green card in the immediate future. Would like to be able to live with him yet come to work daily. A lot of the forums deal with large distances between people.

Does anyone have experience with this type of situation?

Any advice would be appreciated!

[canadian_wife 1,831]

I assume you petitioned for a K-1 visa. Know that when you enter the US on a K visa, you cannot leave and re-enter the US without your advanced parole document. This can take up to 90 days to get after entering the US, marrying, and then filing your adjustment of status

So working in Canada may not be an option, unless you are granted a leave of absence

You may petition for a spousal visa, but it will not be a K visa, it will be a Cr-1 visa. Read the comparason guide to help you make your choice

http://www.visajourney.com/content/compare

Good luck

[sallycat 0]

We haven't applied for any visa as yet. We are trying to determine the best course of action. Would we be better to marry, apply for ap, leave and wait for the ap to be granted and then return? I can live in canada for 90 days...

[julesrose 0]

I live and work in windsor, ontario. My boyfriend is in detroit. We would like to get married soon. However, I want to be able to continue working in canada.

I don't care if I obtain a green card in the immediate future. Would like to be able to live with him yet come to work daily. A lot of the forums deal with large distances between people.

Does anyone have experience with this type of situation?

Any advice would be appreciated!

Hi, yah ok ...

1) K-1 means you move to the US get married to your USC (US Citizen) BF and stay here to live--you cannot go back to Canada once you enter the US on your K-1 visa. If you do without authorization your visa is cancelled and you have to file again- not a wise option. Plan on staying.

2) Once married within the 90 day requirement using the K-1, you then can apply for AOS (Adjustment of Status) and EAD (Work Authorization for working in US only) and your AP (Advanced Parole to leave the US).

3) Look into a more effective way to go about moving. the CR-1 means you get married first.

http://travel.state.gov/visa/immigrants/types/types_2991.html

However like stated above....A LOT of time is used to process all these and involves a lot of paperwork.

You might want to think about getting your boyfriend moving to Canada in which you need to look on the Canadian government website of immigration. It is a very similar process to you trying to move to the US. Both are costly. I've spent at least $3000 and I'm in the process of getting my Green Card and Work Authorization and we started December 20009. Please check time lines for the quickest possible immigration into the US. However make sure you comply w/ all the recommendations or you'll suffer for not complying.

if you have any more questions about the K-1 I can help yah out and many others here as well.

[Inky 1,111]

We haven't applied for any visa as yet. We are trying to determine the best course of action. Would we be better to marry, apply for ap, leave and wait for the ap to be granted and then return? I can live in canada for 90 days...

No cant do this, you may want to read the guides some more and read what people are explaining for you is your best option. Getting married and applying for the CR1.

[sallycat 0]

We've considered this for the short term so we both can go back and forth. However, he has a house and I rent. Cost effectiveness means I need to move there. We wonder if we get married do we have to apply for the cr or ir right away? How much time do we have? I have a contract job and he cannot afford to pay my bills at this point. It is all so overwhelming and to think I wouldn't be allowed to come to work is ridiculous.

[julesrose 0]

We've considered this for the short term so we both can go back and forth. However, he has a house and I rent. Cost effectiveness means I need to move there. We wonder if we get married do we have to apply for the cr or ir right away? How much time do we have? I have a contract job and he cannot afford to pay my bills at this point. It is all so overwhelming and to think I wouldn't be allowed to come to work is ridiculous.

I believe that you get married before you move on the CR-1. And you file immediately but I THINK you have to still stay in Canada till your visa is approved.

and, well seeing Windsor isn't far driving to Detroit ....if its a SHORT term thing and really not a MARRIAGE thing.....the government will kick you out to begin with. Make sure this is REALLY what u want.....and him too....married to each other!

If it is the short term....stick it out and drive back and forth to see each other as a visitor on the weekends or w/e works & pay no immigration fees. You can't be in the US more then 3 months I believe without getting a tourist visa..... but you CANNOT get married on the tourist visa and stay!

It shouldn't be based on cost effectiveness if it's a true marriage in formation! And wouldn't you NOT have bills once you came to the US since you have to cancel mostly everything and leave everything behind to move to the US except your personal belongings. Even a car (if that's a bill) requires US certification and insurance and license change over. Best to leave as much as u can behind and move w/ the little you need. If the bills are a BIG issue, wait till they're paid off. Cause Immigration is a HUGE BILL!

The reason you can't leave to work back in Canada is to prove your marriage is legitimate and not a fraud.

[sallycat 0]

No...our relationship isn't a short term thing! That came out wrong! We thought about him moving here...but really want to live there. I have the finances for immigration...as long as I'm working that is. My bills are long term (4 years) and he can't afford my payments. We want to make a life together but I have a fabulous job and don't want to leave it. If the cr1 enables me to stay in canada that's fine, but I don't think it allows me to visit there...

[julesrose 0]

No...our relationship isn't a short term thing! That came out wrong! We thought about him moving here...but really want to live there. I have the finances for immigration...as long as I'm working that is. My bills are long term (4 years) and he can't afford my payments. We want to make a life together but I have a fabulous job and don't want to leave it. If the cr1 enables me to stay in canada that's fine, but I don't think it allows me to visit there...

Ok thank-you for clearing that up! I wasn't trying to be rude or anything!

Alright, then yes, your best bet is to go with the CR-1 however you need to get married first then apply. You do need to stay in Canada. Once you get your visa you can move to the US and work immediately I believe on the CR-1. This way you can get a job in the US and still have income for your bills since you can work in the US. I'm not sure about visiting!

I know I could visit my fiancé while my K-1 was going through the processes. I just needed to bring strong evidence when I crossed the border that I wasn't planning trying to sneak in before I was granted my K-1.

[JlovesA 109]

Ah ha, you are in the situation I wish I was in!! I'm in Sarnia and my fiance is in Detroit, but I'm hoping to get a job in Windsor and keep it after I move.

I already applied for the K1 so if I do get a job in Windsor, I'd still have to stay in the states for 2-3 months after we get married while waiting for the green card. Then I would be able to drive back and forth. For the K1, your work would have to let you take a potentially 3 month long leave.

I think CR-1 (married visa) is your best bet. You'll have to live in Canada while the visa is processing (you can visit) but you'll get your green card shortly after you move to the USA so you can immediately go back and forth to work.

Good luck...is your fiance right in Detroit? Mine is in Ann Arbor but grew up in Dearborn. Add me as a friend if you'd like, it's always nice to meet more future Michiganders.

Edited September 14, 2010 by JlovesA

[sallycat 0]

It is so crazy because for him to immigrate here he can come and go as he pleases. I think there should be some exception for border towns. Especially when I don't care about working in the states.

[sallycat 0]

Loves...if I do the cr I can visit him in the usa before its approved? Are u sure?

[JlovesA 109]

Yes, there is no law preventing you from visiting him. Lots of people waiting on K1 and CR-1 visas visit all the time. You may or may not be asked to show "ties" to Canada. Ties are things such as letters from your employer, copies of bills you pay (rent is a big one), things like that. Things that would make you need to return to Canada, to prove you are not going to stay. I am in the middle of the fiancee visa process and I visit A all the time. The border guards don't bother me. I have a Nexus card which makes it 100x easier. If you don't have one yet, I highly recommend it.

[sallycat 0]

Having no issues at the border...but I'm also a govt employee...lol

Thanks so much for telling me I can visit....that changes everything!

[VanessaTony 3,567]

Okay I'm a little confused reading the posts so I thought I might post how it makes sense to me

The CR-1 is DEFINITELY the best option for you. This is how it'll work:

- in either the US or Canada you get married

- you then return to Canada and file the CR-1. Your (now) husband can file the CR-1 for you from either the US or Canada

- While the CR-1 is processing, you can still visit your husband, and he you, but you can't MOVE to the US until you get the CR-1. You can also keep you job

- Once you have the CR-1 you can enter the US to activate it, and immediately leave the US. Your GC will be sent to the address you put on the paperwork

- you can then travel backwards and forwards.

The only problem I see is travelling backwards and fowards if you want to apply for citizenship. You will need to list every trip outside the US. Read the N-400 paperwork and see what you think.

Good luck with your decision