Just Engaged - Best Course of Action?

anne09 · November 24, 2011

Hi everyone!

I'm sure my question is fairly common here, but my fiance and I have an interesting plight. I'm a Canadian citizen and he is an American citizen. We see each other extremely often as he is an airline pilot in the States and we can both travel on benefits to see each other weekly. With this being said...

It seems like getting married and THEN applying using the CR-1 form seems like a better course of action. What we're doing now seems to be working and there is no issue of "separation" since he flies up at least once a week now as it is. What I was wondering was...

In the guide, it says that you can't go to the States until the process is done (everything is approved). Does this apply to Canadians? Since it says you can't use any other visa (which we as Canadians don't require) while this is processing, so what I'm getting from that is that this "con" isn't applied to Canadians. Can someone confirm this? I'm a NEXUS card holder and go back and forth all the time and I just wanted to know if this will change once the application is in. Can my fiance still come to Canada to visit me while we wait?

Can someone explain why the K1 visa is so popular? Going through it, it seems like there are some major cons and I'm not sure if these apply to Canadians as we don't need "visas" per se to go to the States (we can visit as often as we like, within reason). Do I need to do the AP/EAD thing? It'd be great if someone could walk me through this since the guide raised a lot of questions and it seems that with such a hassle with a K1, I'm wondering why the CR-1 visas aren't as popular.

Thanks!

Anne

CDAgirlMI · November 24, 2011

Hi everyone!

I'm sure my question is fairly common here, but my fiance and I have an interesting plight. I'm a Canadian citizen and he is an American citizen. We see each other extremely often as he is an airline pilot in the States and we can both travel on benefits to see each other weekly. With this being said...

It seems like getting married and THEN applying using the CR-1 form seems like a better course of action. What we're doing now seems to be working and there is no issue of "separation" since he flies up at least once a week now as it is. What I was wondering was...

In the guide, it says that you can't go to the States until the process is done (everything is approved). Does this apply to Canadians? Since it says you can't use any other visa (which we as Canadians don't require) while this is processing, so what I'm getting from that is that this "con" isn't applied to Canadians. Can someone confirm this? I'm a NEXUS card holder and go back and forth all the time and I just wanted to know if this will change once the application is in. Can my fiance still come to Canada to visit me while we wait?

Can someone explain why the K1 visa is so popular? Going through it, it seems like there are some major cons and I'm not sure if these apply to Canadians as we don't need "visas" per se to go to the States (we can visit as often as we like, within reason). Do I need to do the AP/EAD thing? It'd be great if someone could walk me through this since the guide raised a lot of questions and it seems that with such a hassle with a K1, I'm wondering why the CR-1 visas aren't as popular.

Thanks!

Anne

I (we) chose the K1, and when we filed back in 2009, it was approved in 6 months. Not sure what the wait time is now though...

Like you, we travelled back and forth a lot & Nexus helped.

We chose the K1 because we didn't want to be separated while married (that's just us).

We were able to visit each other right up till the visa was apporoved, after which I moved over.

As for the K1 "cons", ya they apply to Canadians. We're special, but not THAT special

VanessaTony · November 24, 2011

We picked K1 mainly because because apart for the first year of marriage just didn't appeal to us.

CR-1 is a superior visa for many reasons but the being apart while married just trumped it.

What guide says you can't visit? You can totally visit. You have to prove that you have ties to your home country of course (like any normal visit) and having a pending visa can either be good or bad for that. Good because you're going about it the legal way, bad because you've shown you have intent to immigrate at some stage and could just be trying to "jump the line" now.

ralyse · November 24, 2011

Congratulations on your engagement!

We chose K1 for a few reasons, the main one being that we didn't want to be married and living apart. While in the K1 process my fiance visited every couple of weeks (He was only a few hours away in Michigan and I was in southwestern Ontario). It all really depends on your priorities since there are negatives and positives to both. If you don't mind being apart while married and want your work authorization right away upon moving, CR1 might be the better option... It's really dependent on your own situation and priorities.

dukeandduchess · November 24, 2011

You can still travel to the US while the K1 is being processed. You do need to prove that you have "strong ties" to returning to Canada, which is something you would have to prove if you got married as well. Once the K1 visa is issued, you can only enter once on that visa so once you have the visa you wouldn't be able to travel back and forth.

My fiance and I filed for a K1 because it seemed "easier to prove" since you only have to demonstrate that A) you have a real relationship and B) that you've met within the last 2 years. CR1 seemed a lot more daunting to us because we haven't lived together/don't have shared bank accounts... Anyway, it's kind of just personal preference.

Good luck!

Kathryn41 · November 24, 2011

Congratulations on your engagement and welcome to Visa Journey! :yes:

There are two main ways a partner can immigrate to the US.

The first way is as a fiancee who is sponsored by the American half of the couple. The US partner files a petition called an I-129f with the United States Immigration department (USCIS). This is requesting permission for a fiancee to apply to come to the US and get married. When the petition is approved the processing moves to Canada and the beneficiary is sent a package of forms and information that they need to complete and send back to the US Consulate (either Montreal or Vancouver, depending on where you live in Canada). You also get an immigration medical and a security check, then attend a scheduled interview at the Consulate. The fiancee - K-1 visa - is put into the passport and you have 6 months to use it. It is good for a one time entry into the US and then you are supposed to get married within 90 days and apply for permission to remain in the US. This is called Adjustment of Status from a fiancee to a Permanent Resident based upon marriage to a US citizen. While waiting for the AOS to be adjudicated, you also apply for permission to work (EAD) and permission to travel (AP). When the AOS is approved you get your green card and are allowed to live in the US.

The benefits are that you are not apart when you are married, the processing is generally faster, you have time to decide about what and how you are going to live in the US, and you can sponsor minor children of the beneficiary as derivative visa holders and they can also move to the US with their parent. If you live in Western Canada it is also the fastest way to get to the US to be with your partner. The liabilities are that you have to marry within 90 days of crossing the border, you have to file for AOS, you can't work or leave the US without receiving specific permission (so you definitely have several months of 'down' time) and it costs more in the end.

The second way is to get married first, and then the US partner files a petition called I-130 to sponsor a family member to the US with USCIS. This is requesting permission for the family member to become a permanent resident of the US and live in the US. This process requires much the same sort of path as the K-1 - through the US Consulate inMontreal and similar information as the K-1 along with proof of the marriage and relationship, as well as requiring an immigration medical, security check and an interview at the Montreal Consulate. There is more detailed information requested from both the beneficiary and petitioner and when the visa is approved it allows the beneficiary to become a permanent resident when they cross the US border. They can work right away and they can travel right away.

The benefits are that you end up with a green card, the overall process is cheaper and if you are married for more than 2 years before you enter the US you don't have to get a conditional green card good for 2 years. The liabilities are that it takes longer, requires more proof, is only processed in Montreal, and if you have minor children they all need their own individual separate petitions.

Both applicants for a K-1 visa and for a CR-1 visa can travel back and forth between Canada and the US. You both need to prove significant 'ties' to Canada to reassure the border guards that you will not try to remain in the US illegally (having copies of the immigration paper work actually helps to show you are following a legal route). Your US partner, both as a fiancee or a spouse, can travel to Canada to visit you, again being able to prove ties to the US if requested. It is always up to the border guard on each and every crossing whether or not to admit you and some are more difficult than others.

One of the main reasons people choose a K-1 instead of the obviously superior CR-1 is that they don't have the travel opportunities that you and your fiancee do. They are looking to spending the least amount of time apart and the K-1 visa is the fastest way to do this. It is easier to deal with the rest of the immigration process when you are together rather than apart. Likewise, some feel it is harder to be separated when you are married and easier to cope with when you are still fiancees. You also have to 'wait' until you are married and have all of the documents (marriage certificate, etc.) in hand, and all of the CR-1 visa applications are processed through Montreal, so it can mean some significant travel expenses if you live in Manitoba or west, whereas Western K-1s are processed at the much faster Vancouver Consulate.

It really is a personal decision that the two of you need to make. The pros and cons will be different for different people. We decided to go the K-1 route because we felt the problems associated with living as a marred couple with a border in between were more cumbersome than we wanted to address, and we felt it would be much worse having to be separated while married than while still engaged. I was also able to keep working and make plans to pay off my debts and decide how best to relocate to the US without having to worry about tax implications on both sides of the border.

This is really a very general summary in all ways, but I hope it helps give you a better idea of what you might want to pursue for yourselves.

Edited November 24, 2011 by Kathryn41

pocheros · November 24, 2011

Everyone's given excellent summaries. In my case, I sort of picked the K1 at random (this was before I found visa journeey) and I regret not going the spousal visa route. While the spousal visa takes slightly longer than a K1 nowadays, it's made up for in the amount of time spent waiting to file for your green card and have it arrive. Currently I am sitting on my butt unemployed and unable to travel to Canada because of this. I would have gladly waited the extra two months or so if it meant I was able to work upon my arrival in the USA. Also, someone correct me if I'm wrong, but the spousal route is slightly cheaper than the fiance route, right?

Also note that there are two consulates that do fiance visas, Vancouver and Montreal, but only Montreal does spousal visas. If you live in Manitoba or west of there and you're a K1 its A LOT faster than going through Montreal as Montreal deals with more people since most Canadians live in the east. If you live in western Canada i would consider this.

Anyways theres pros and cons to both. Congratulations on your engagement! And congrats on finding VJ early in the process- this website will make things a lot easier for you to decipher. P.S. DO NOT HIRE A LAWYER! It's a waste of money when you have VJ here and the process is already expensive. Good luck!

Wyatt's Torch · November 24, 2011

Everyone's given some great advice here.

In your case, I absolutely think you should get married first and go the CR-1 route. Since regular visits aren't a problem, that's the best course of action, since the CR-1 is really a superior visa, in that you have one big batch of paperwork you need to do, an interview in Montreal, then a green card. Of course, that's putting it as simply as it gets. The whole process took me seven months, and many folks have waited a year for it to go through. But that's going to be true no matter what method you choose. At least you'll get a green card at the end of it, and don't have to have something of a shotgun wedding and relocation within three months.

Honestly, the biggest reason most folks opt for the K-1 is that they get to be in the U.S. with their loved ones. There are more hoops and drawbacks from a logistical standpoint, but it's usually worth it to have the relocation part over and done with. But again, in your specific situation, with visits a non-issue, going the CR-1 route is a no-brainer, in my opinion. Even better if you can get a free flight to Montreal.

frostiana · November 24, 2011

Everyone's given some great advice here.

In your case, I absolutely think you should get married first and go the CR-1 route. Since regular visits aren't a problem, that's the best course of action, since the CR-1 is really a superior visa, in that you have one big batch of paperwork you need to do, an interview in Montreal, then a green card. Of course, that's putting it as simply as it gets. The whole process took me seven months, and many folks have waited a year for it to go through. But that's going to be true no matter what method you choose. At least you'll get a green card at the end of it, and don't have to have something of a shotgun wedding and relocation within three months.

Honestly, the biggest reason most folks opt for the K-1 is that they get to be in the U.S. with their loved ones. There are more hoops and drawbacks from a logistical standpoint, but it's usually worth it to have the relocation part over and done with. But again, in your specific situation, with visits a non-issue, going the CR-1 route is a no-brainer, in my opinion. Even better if you can get a free flight to Montreal.

We just got married last week after getting the K1Visa. We really wish we had been married first and did not realize that if you are married you can immediately leave the United STates without having to wait for the special permit that you get when you apply for adjustment of status. I live 50 miles now from my old home and family in Ontario but won't be able to go visit my mother for two or three months because we didn't get married first! Also:

If you are married first, i DON'T SEE WHERE ANYONE HAS METIONED THE K-3 visa, WHICH LETS YOU GO LIVE WITH YOUR HUSBAND WHILE YOU ARE WAITING FOR YOUR GREENCARD, SAME AS THE K1 VISA. IT'S MORE EXPENSIVE THAN WAITING IT OUT in Canada but then you get to move in together and have one home... that's got to be cheaper than two homes (unless you live with parents or something).

Please all correct me if I'm wrong about the K 3 visa but isn't that the perfect answer?

dukeandduchess · November 24, 2011

I didn't think they did K3 anymore. If you file for K3 it just ends up switching to CR1 anyway? Not sure, but that's my understanding from reading posts on here.

frostiana · November 24, 2011

I didn't think they did K3 anymore. If you file for K3 it just ends up switching to CR1 anyway? Not sure, but that's my understanding from reading posts on here.

Just got this from the travelstate.gov site...you have to scroll WAY down

Immigrant Visa for a Spouse or Fiancé(e) of a U.S. Citizen

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Spouse

If you are an American citizen you have two ways to bring your foreign spouse (husband or wife) to the United States to live. They are

Immigrant visa for a Spouse of a U.S. Citizen (IR1 or CR1) - An immigrant Petition for Alien Relative, Form I-130 is required.
Nonimmigrant visa for spouse (K-3) - It is important to note that application for the nonimmigrant visa for spouse (K-3) who married a U.S. citizen must be filed and the visa must be issued in the country where the marriage took place. After the visa process has been completed, and the visa is issued, the spouse can travel to the United States to wait for the processing of the immigrant visa case. Two petitions are required:
- Petition for Alien Relative, Form 1-130; and
- Petition for Alien Fiancé(e), Form I-129F

Fiancé(e)

Wyatt's Torch · November 24, 2011

I'm pretty sure that the K-3 was phased out a couple of years ago. I remember lots of discussion about it back then. I believe that it's not obsolete in fact, but is obsolete for all intents and purposes.

By the way, one of the downsides to the CR-1 visa is that you have to file to remove conditions after 21 months in the U.S. I'm in this process now, and it's fairly straight forward compared to the initial CR-1 process, but is stressful nonetheless, having to wrangle lots of documentation to prove the viability of the marriage. It also costs nearly $600.

Flames9_RN · November 24, 2011

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

K3 really makes no sense as it costs more $$$ and to get to the interview takes the same amount of time as the cr-1/ir-1 plus u have more paperwork to file! Only time it may make sense if one lives in Western Canada, thus would get Vancouver as ur consulate. As they tend to be fatser (all cr-1/ir-1 goto Mtl)

The waiting/visiting prior to the interview is the same as the k1//cr-1--all up to POE officer discretion!

In all of these visas no one is "living" with their spouse until AFTER the interview and visa is in hand.

Flames9_RN · November 24, 2011

I'm pretty sure that the K-3 was phased out a couple of years ago. I remember lots of discussion about it back then. I believe that it's not obsolete in fact, but is obsolete for all intents and purposes.

By the way, one of the downsides to the CR-1 visa is that you have to file to remove conditions after 21 months in the U.S. I'm in this process now, and it's fairly straight forward compared to the initial CR-1 process, but is stressful nonetheless, having to wrangle lots of documentation to prove the viability of the marriage. It also costs nearly $600.

k1'ers have to evetually do that as well!! The real only downside of the CR-1 is it usually takes longer. At 1 time, they were pretty neck and neck, but that has not been the case the past few yrs! My cr-1 in 2004 took 6 months.

frostiana · November 24, 2011

http://www.visajourn...content/compare

K3 really makes no sense as it costs more $$$ and to get to the interview takes the same amount of time as the cr-1/ir-1 plus u have more paperwork to file! Only time it may make sense if one lives in Western Canada, thus would get Vancouver as ur consulate. As they tend to be fatser (all cr-1/ir-1 goto Mtl)

The waiting/visiting prior to the interview is the same as the k1//cr-1--all up to POE officer discretion!

In all of these visas no one is "living" with their spouse until AFTER the interview and visa is in hand.

Then why does it still show K3 Visa on the travel state .gov site? Maybe it takes just as long as the CR1? I agree don't hire a lawyer! We did and he gave us bad advice ... they can't keep up with the rules any better than we can. Although he was NOT exclusively an immigration lawyer and that was a big mistake also. Anyway, one other advantage I know for sure to being married first: When it comes time for your appointment to be booked for Montreal, they GIVE YOU an appointment date!! With the K-1 visa, you have to wait til appointments are available and go online and click on the site til you get one.... see threads on here re. booking appointments in montreal... people spend weeks and months clicking as often as possible... I spent 6 weeks clicken almost every few minutes.. if I wasn't clicking, my fiance or a friend was... from about 6 a.m. til I went to bed at night. It is torture!!

Like I said if you're married, they just contact you and tell you your appointment date. Besides, I would rather be married and going through all this ! It just added to the pressure to be figuring out getting married after I came over with the visa... we wanted to get the rest of the paperwork done so we could get my permission to go back and visit my 88 year old mother... even the advanced parole takes two or three months (as well as permission to work).

Unless you are just not comfortable getting married first... then that's a different story. :blush:

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Just Engaged - Best Course of Action?

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anne09 0

CDAgirlMI 51

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Wyatt's Torch 45

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