K-3+CR1 or K-1?

[acer925 0]

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

is it a year from time of marriage for an EAD card as well as Visa, I just thought that they would give a temporary work permit while waiting for her Visa? thanks

[canadian_wife 1,791]

No EAD with a Cr-1 visa. Cr-1 and the stamp at the airport is work authorized

It is 8-12 months for the VISA, the processing time from when you submit the papers until the visa is issued. - then if you go a K-1 route it is another 3 months after US entrance for an EAD.

No, she has no rights to anything while waiting for a visa. She will not get any sort of work permit while waiting for a visa.

You should begin reading about the different visas, the petition forms, their instructions as you seem a bit misguided on how this process works

Good luck

[acer925 0]

No EAD with a Cr-1 visa. Cr-1 and the stamp at the airport is work authorized

It is 8-12 months for the VISA, the processing time from when you submit the papers until the visa is issued. - then if you go a K-1 route it is another 3 months after US entrance for an EAD.

No, she has no rights to anything while waiting for a visa. She will not get any sort of work permit while waiting for a visa.

You should begin reading about the different visas, the petition forms, their instructions as you seem a bit misguided on how this process works

Good luck

Yes I was misinformed, haha. But thanks to you and others I now a lot more now, it's much appreciated. I only have one more question, promise. With the K-1 route, after filing for it, when can she enter the US and we get married? Because then, like you said, it's about 3 months from when she enters and we marry for an EAD. Thanks a lot.

[canadian_wife 1,791]

If you go the K1 route, you will file the petition and she will interview for the visa

ONLY AFTER she has the visa, can she enter the US using the K-1 and marry you, adjust status, and apply for the K-1. Again, this process is about 8-12 months plus another 90 days for the EAD on top of that for the k1 route

Good luck

[acer925 0]

If you go the K1 route, you will file the petition and she will interview for the visa

ONLY AFTER she has the visa, can she enter the US using the K-1 and marry you, adjust status, and apply for the K-1. Again, this process is about 8-12 months plus another 90 days for the EAD on top of that for the k1 route

Good luck

so the first visa she gets just to enter the US with, is not the actual Visa?

[JimVaPhuong 4,863]

so the first visa she gets just to enter the US with, is not the actual Visa?

I think Canadian_Wife meant to say "ONLY AFTER she has the visa, can she enter the US using the K-1 and marry you, adjust status, and apply for the green card."

There's only one visa involved, but she doesn't get to submit a visa application at the consulate until after you've submitted a petition to USCIS, it's been approved, and then forwarded to the consulate. The K1 process works like this:

http://www.visajourney.com/content/k1flow

[canadian_wife 1,791]

Thanks Jim! It was 5am when I posted that

[acer925 0]

If you go the K1 route, you will file the petition and she will interview for the visa

ONLY AFTER she has the visa, can she enter the US using the K-1 and marry you, adjust status, and apply for the K-1. Again, this process is about 8-12 months plus another 90 days for the EAD on top of that for the k1 route

Good luck

ok so, the k-1 visa she gets to enter the US with does not give her authorization to work, and theres no way we could ask for that? The only way would be to apply for the green card after we marry on the k-1 and after she adjusts status? And when you said 90 days for the EAD after the 8-12 months, is the EAD a green card? thanks

[Ryan H 3,791]

you may be able to file directly with the consulate,

FYI: Effective this Monday (8/15), filing directly with Consulate will not be possible and there are no USCIS field offices in Canada. I-130's would have to be sent to the lockbox in Chicago.

USCIS could grant an exception but such an exception would have to meet certain criteria.

USCIS Public Announcement - Published, May 16, 2011; Amended, August 10, 2011

[canadian_wife 1,791]

ok so, the k-1 visa she gets to enter the US with does not give her authorization to work, and theres no way we could ask for that? The only way would be to apply for the green card after we marry on the k-1 and after she adjusts status? And when you said 90 days for the EAD after the 8-12 months, is the EAD a green card? thanks

Ok, 8-12 months to get the K-1 visa. She will use the visa to enter the US - it is a one time use visa. The ONLY way to ask for work authorization is to marry and apply for her adjustment of status, then another 90 days after she enters the US to get work authorization. No way to get work authorization for a K-1 before the EAD or the Green Card, just the terms of that type of visa

If work authorization is this important to you, you're going to want to start investigating the Cr-1 visa

Thanks Ryan H.!

good luck

[acer925 0]

Ok, 8-12 months to get the K-1 visa. She will use the visa to enter the US - it is a one time use visa. The ONLY way to ask for work authorization is to marry and apply for her adjustment of status, then another 90 days after she enters the US to get work authorization. No way to get work authorization for a K-1 before the EAD or the Green Card, just the terms of that type of visa

If work authorization is this important to you, you're going to want to start investigating the Cr-1 visa

Thanks Ryan H.!

good luck

thanks for all your help, I really appreciate it. Is the interview usually right before she can enter the US with the k-1 visa like 8-12 months later? Or is it before that?

[canadian_wife 1,791]

The interview is the last step. After the interview the visa will be issued if the interview was successful. That is last

Good luck

[acer925 0]

The interview is the last step. After the interview the visa will be issued if the interview was successful. That is last

Good luck

The last thing I need to know is, and sorry if you already mentioned it, but she would have to wait in Canada for the k-1 visa..no exceptions? So we wouldnt be able to apply for the k-1 and in the meantime live in the US (she would be a visitor)?

[Ryan H 3,791]

The last thing I need to know is, and sorry if you already mentioned it, but she would have to wait in Canada for the k-1 visa..no exceptions? So we wouldnt be able to apply for the k-1 and in the meantime live in the US (she would be a visitor)?

Visiting is allowed. However, there is no guarantee CBP will let you cross.

[canadian_wife 1,791]

The last thing I need to know is, and sorry if you already mentioned it, but she would have to wait in Canada for the k-1 visa..no exceptions? So we wouldnt be able to apply for the k-1 and in the meantime live in the US (she would be a visitor)?

She cannot live in the US without prior and proper authorization. She may visit however. Visiting is allowed and many people do it. There is no guarentee that she'll be admitted or permitted to stay for the full 180 days. She should carry strong ties to Canada to assist in the crossing

Good luck