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acer925

K-3+CR1 or K-1?

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I have read about all the different types of visas and came to the conclusion that my gf and I would need to choose either the K1 visa or the K3+CR1 visa. I realize one if for fiance's and one if for married spouses. We are neither as of right now, but we can do either one. We are currently in Canada and have been here for almost a year, but would like to live in the U.S. I've tried to read what the major difference is as far as which one would allow her to work in the US faster, but I cannot figure it out. To my understanding, as far as time spent apart, the K-1 would allow us to both enter the US together and then we have 90 days to get married. So that seems to mean we wouldn't have to spend any time apart, although I could be mistaken there. Compared to the K-3, where I think she would have to wait in Canada until approval to enter the U.S. to be with me, if I'm not mistaken. So if anyone can please answer those two questions, I would greatly appreciate it.

1. K-3 or K-1 would allow her to work in the U.S. quicker? (We can do either)

2. Which one equals less time spent apart.

Thanks again,

-Anthony

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I have read about all the different types of visas and came to the conclusion that my gf and I would need to choose either the K1 visa or the K3+CR1 visa. I realize one if for fiance's and one if for married spouses. We are neither as of right now, but we can do either one. We are currently in Canada and have been here for almost a year, but would like to live in the U.S. I've tried to read what the major difference is as far as which one would allow her to work in the US faster, but I cannot figure it out. To my understanding, as far as time spent apart, the K-1 would allow us to both enter the US together and then we have 90 days to get married. So that seems to mean we wouldn't have to spend any time apart, although I could be mistaken there. Compared to the K-3, where I think she would have to wait in Canada until approval to enter the U.S. to be with me, if I'm not mistaken. So if anyone can please answer those two questions, I would greatly appreciate it.

1. K-3 or K-1 would allow her to work in the U.S. quicker? (We can do either)

2. Which one equals less time spent apart.

Thanks again,

-Anthony

Anthony,

Please look at the VJ chart below. It shows the different visa types (pros and cons).

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

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Anthony,

Please look at the VJ chart below. It shows the different visa types (pros and cons).

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

I saw that chart. I'm asking about the work permit, sorry I should of clarified. When are they issued for both the k-1 and k-3? And how long does each require that you spend time apart? thanks

Edited by acer925

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K-3 is an obsolete visa, don't even concern yourself with that

The CR-1 will allow her to work and travel immediately upon entrance into the US. A K-1 does not

What is your status in Canada? If you marry, you may be able to file directly with the consulate, allowing you to stay in Canada together until the time to go back to the US

Good luck


USCIS
August 12, 2008 - petition sent
August 16, 2008 - NOA-1
February 10, 2009 - NOA-2
178 DAYS FROM NOA-1


NVC
February 13, 2009 - NVC case number assigned
March 12, 2009 - Case Complete
25 DAY TRIP THROUGH NVC


Medical
May 4, 2009


Interview
May, 26, 2009


POE - June 20, 2009 Toronto - Atlanta, GA

Removal of Conditions
Filed - April 14, 2011
Biometrics - June 2, 2011 (early)
Approval - November 9, 2011
209 DAY TRIP TO REMOVE CONDITIONS

Citizenship

April 29, 2013 - NOA1 for petition received

September 10, 2013 Interview - decision could not be made.

April 15, 2014 APPROVED. Wait for oath ceremony

Waited...

September 29, 2015 - sent letter to senator.

October 16, 2015 - US Citizen

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K-3 is an obsolete visa, don't even concern yourself with that

The CR-1 will allow her to work and travel immediately upon entrance into the US. A K-1 does not

What is your status in Canada? If you marry, you may be able to file directly with the consulate, allowing you to stay in Canada together until the time to go back to the US

Good luck

My status in Canada is visitor permit, and that expires in november. When you say if we marry and may be able to file directly with consulate allowing us to stay together in Canada until the time to go to the US...is that with the CR-1? I thought it was for oversea's marriages only, are we eligible for that? thanks

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Sorry, if simply a visitors visa then you won't be able to file with the consulate.

You can stay in Canada as long as you are authorized to, so in this case November. She can visit the US and remain as long as she is authorized to...but she cannot stay and she must return to Canada

The Cr-1 is for ANY marriage - this includes yours. I was married to my husband and applied for a Cr-1 in Canada

Good luck


USCIS
August 12, 2008 - petition sent
August 16, 2008 - NOA-1
February 10, 2009 - NOA-2
178 DAYS FROM NOA-1


NVC
February 13, 2009 - NVC case number assigned
March 12, 2009 - Case Complete
25 DAY TRIP THROUGH NVC


Medical
May 4, 2009


Interview
May, 26, 2009


POE - June 20, 2009 Toronto - Atlanta, GA

Removal of Conditions
Filed - April 14, 2011
Biometrics - June 2, 2011 (early)
Approval - November 9, 2011
209 DAY TRIP TO REMOVE CONDITIONS

Citizenship

April 29, 2013 - NOA1 for petition received

September 10, 2013 Interview - decision could not be made.

April 15, 2014 APPROVED. Wait for oath ceremony

Waited...

September 29, 2015 - sent letter to senator.

October 16, 2015 - US Citizen

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Sorry, if simply a visitors visa then you won't be able to file with the consulate.

You can stay in Canada as long as you are authorized to, so in this case November. She can visit the US and remain as long as she is authorized to...but she cannot stay and she must return to Canada

The Cr-1 is for ANY marriage - this includes yours. I was married to my husband and applied for a Cr-1 in Canada

Good luck

ok but about how long would it take for her to get work authorization (not a green card/visa) in the US with cr-1..I assume it would be the fastest way for a work permit for her? thanks

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She must and can attain a green card thru either of the visa, she will need a green card in order to legally live and work in the US. Attaining a Green card is the final process of both visas.

If you refer to the above link that was posted for you, it will give you all of the steps involved.

You keep asking about work, but the visas are for family unification to the US, with the Green card as the final result.

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She must and can attain a green card thru either of the visa, she will need a green card in order to legally live and work in the US. Attaining a Green card is the final process of both visas.

If you refer to the above link that was posted for you, it will give you all of the steps involved.

You keep asking about work, but the visas are for family unification to the US, with the Green card as the final result.

I understand all of that, but to my knowledge, work permits (Employment Authorized Document) are issued before the arrival of the green cards (visa's) this way she would be able to work while waiting for her green card which could take months to years.

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The Cr-1 visa results in permenant residency upon entrance into the US, thus allowing her to work as soon as she has an SSN (which is required to work).

There is no work permit involved.

Good luck


USCIS
August 12, 2008 - petition sent
August 16, 2008 - NOA-1
February 10, 2009 - NOA-2
178 DAYS FROM NOA-1


NVC
February 13, 2009 - NVC case number assigned
March 12, 2009 - Case Complete
25 DAY TRIP THROUGH NVC


Medical
May 4, 2009


Interview
May, 26, 2009


POE - June 20, 2009 Toronto - Atlanta, GA

Removal of Conditions
Filed - April 14, 2011
Biometrics - June 2, 2011 (early)
Approval - November 9, 2011
209 DAY TRIP TO REMOVE CONDITIONS

Citizenship

April 29, 2013 - NOA1 for petition received

September 10, 2013 Interview - decision could not be made.

April 15, 2014 APPROVED. Wait for oath ceremony

Waited...

September 29, 2015 - sent letter to senator.

October 16, 2015 - US Citizen

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I understand all of that, but to my knowledge, work permits (Employment Authorized Document) are issued before the arrival of the green cards (visa's) this way she would be able to work while waiting for her green card which could take months to years.

If she enters with a K1 and then marries you then she can file for the green card and EAD at the same time. Green cards for K1's rarely take years, but 4 or 5 months is not unusual. Don't depend on the EAD coming much more quickly than that. My wife got her EAD five days before the green card interview. Fortunately, it doesn't cost anything extra to apply for an EAD if you're applying for a green card at the same time. Otherwise, we would have felt a little cheated. :blush:

What part of Canada are you in? K1 applications are processed at the US consulates in Vancouver and Montreal, depending on where your fiancee lives. CR1 applications are only processed in Montreal. This could affect your decision which way to go as the consulate in Montreal is notoriously backlogged and slow.


12/15/2009 - K1 Visa Interview - APPROVED!

12/29/2009 - Married in Oakland, CA!

08/18/2010 - AOS Interview - APPROVED!

05/01/2013 - Removal of Conditions - APPROVED!

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The Cr-1 visa results in permenant residency upon entrance into the US, thus allowing her to work as soon as she has an SSN (which is required to work).

There is no work permit involved.

Good luck

Right, but can she enter the US at any time and automatically become a pr..or would she have to wait for something? Like how long from the time we get married and send in the papers for CR-1 until she can enter the US and be a legal PR. thanks!

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If she enters with a K1 and then marries you then she can file for the green card and EAD at the same time. Green cards for K1's rarely take years, but 4 or 5 months is not unusual. Don't depend on the EAD coming much more quickly than that. My wife got her EAD five days before the green card interview. Fortunately, it doesn't cost anything extra to apply for an EAD if you're applying for a green card at the same time. Otherwise, we would have felt a little cheated. :blush:

What part of Canada are you in? K1 applications are processed at the US consulates in Vancouver and Montreal, depending on where your fiancee lives. CR1 applications are only processed in Montreal. This could affect your decision which way to go as the consulate in Montreal is notoriously backlogged and slow.

How long did you two wait until you filed for the green card and EAD after marriage? Or was it 4 or 5 months from the time you filed for it?

Thank you, Finally got some info. I needed about the K1 in that now I know I'd have to assume the earliest she would be able to work would be in about 4 or 5 months for either EAD or green card. We are in Windsor, Ontario.

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How long did you two wait until you filed for the green card and EAD after marriage? Or was it 4 or 5 months from the time you filed for it?

Thank you, Finally got some info. I needed about the K1 in that now I know I'd have to assume the earliest she would be able to work would be in about 4 or 5 months for either EAD or green card. We are in Windsor, Ontario.

Also, can we file for the K-1 visa if we are both in the US (she would be a visitor) that way they wont make her go back to Canada..because if we file while in Canada, I think they would make her stay.

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Right, but can she enter the US at any time and automatically become a pr..or would she have to wait for something? Like how long from the time we get married and send in the papers for CR-1 until she can enter the US and be a legal PR. thanks!

These visas take about a year (either fiance or spousal) from marriage to visa. You may file any visa while the beneficiary is in the US, however the beneficiary MUST return to Canada. She may stay as long as she is authorized

MANY MANY MANY people visit while this process is going on. There is no reason why she must stay in Canada while the visa process is pending

Good luck


USCIS
August 12, 2008 - petition sent
August 16, 2008 - NOA-1
February 10, 2009 - NOA-2
178 DAYS FROM NOA-1


NVC
February 13, 2009 - NVC case number assigned
March 12, 2009 - Case Complete
25 DAY TRIP THROUGH NVC


Medical
May 4, 2009


Interview
May, 26, 2009


POE - June 20, 2009 Toronto - Atlanta, GA

Removal of Conditions
Filed - April 14, 2011
Biometrics - June 2, 2011 (early)
Approval - November 9, 2011
209 DAY TRIP TO REMOVE CONDITIONS

Citizenship

April 29, 2013 - NOA1 for petition received

September 10, 2013 Interview - decision could not be made.

April 15, 2014 APPROVED. Wait for oath ceremony

Waited...

September 29, 2015 - sent letter to senator.

October 16, 2015 - US Citizen

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