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lanakia

Bringing Fiance/Spouse to the USA

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Hi all,

I am hopefully posting in the right area. I have a lot of questions about doing things the right/legal way. I have a fiance who lives in Canada and is a Canadian citizen. I am an American citizen and we know that we want him to come here since I have a good job. We are just trying to find the best way to do this. I know it can take some time, but I prefer not having to be away from him for too long since we have already dated long distance and everything.

I can see three options (although if there are other ones, please let me know). Option one would be him trying to find a job here and getting a work visa although with the economy I know that can be difficult. Option two, applying for a K-1 Fiance Visa but that takes about 8 months and it only works for 1 time in (what if he wants to visit his family). Option three would be getting married and applying for the Immigrant Spouse Visa IR-1.

Do you have any suggestions what would be the fastest (less amount of time apart) or easiest (less paperwork, etc.) route to take?

Thanks for all your help!

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K-1 is a good one - yes - it's a one shot entry - but once you get the AOS rolling, you get the AP, which allows you to travel. So no need to worry about that.

IR-1 is also a good one - a lot of people do this one - since it's instant green card, with the K-1, you have to wait a bit.

timewise - they both have about the same wait - but I believe the IR-1 is a bit faster. Cost wise - the IR-1 is smidge cheaper.


My Advice is usually based on "Worst Case Scenario" and what is written in the rules/laws/instructions. That is the way I roll... -Protect your Status - file before your I-94 expires.

WARNING: Phrases in this post may sound meaner than they were intended to be. Read the Adjudicator's Field Manual from USCIS

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Hi all,

I am hopefully posting in the right area. I have a lot of questions about doing things the right/legal way. I have a fiance who lives in Canada and is a Canadian citizen. I am an American citizen and we know that we want him to come here since I have a good job. We are just trying to find the best way to do this. I know it can take some time, but I prefer not having to be away from him for too long since we have already dated long distance and everything.

I can see three options (although if there are other ones, please let me know). Option one would be him trying to find a job here and getting a work visa although with the economy I know that can be difficult. Option two, applying for a K-1 Fiance Visa but that takes about 8 months and it only works for 1 time in (what if he wants to visit his family). Option three would be getting married and applying for the Immigrant Spouse Visa IR-1.

Do you have any suggestions what would be the fastest (less amount of time apart) or easiest (less paperwork, etc.) route to take?

Thanks for all your help!

IR/CR1 MUCH LESS WORK...IF YOU ARE READY TO MARRY?


The World is Yours to Experience....Venture out into it and find Love!

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Here is the VJ comparison guide: http://www.visajourney.com/content/compare

You will see that the K-1 does not allow him to work right away. He needs his EAD card first. Plus, it is significantly more expensive. If your fiance lives in Eastern Canada (Ontario east) there would also be delays with trying to schedule appointments with Montreal. This does not appy to CR-1 visas because they are scheduled for you.

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So let's say, we get married. Then what is the next step? I mean I know that we would have to apply for a CR-1 Visa to come live in the USA but can he come to the USA immediately or will I have to live without my husband for god knows how long?

Thanks again for the help!

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He can't get a work visa and intend to immigrate, so that idea is out.

The CR-1 and K-1 take about the same amount of time, about 9 months give or take.With both the CR-1 and K-1 he can come visit you, as long as he shows proof he will be returning to Canada.

You could marry and file for the CR-1, he could 'live' here up to six months, but he wouldn't be able to work, and he would have to go to Montreal for the interview process. (live in quotation marks, because he can't legally live here with out a visa. It would be an extended visit. The CBP might look at him funny and deny him entry if he tells them he's visiting for six months) CR-1 he will have a green card, immediately be able to look for work and is cheaper in the long run.

K-1 he will have to adjust his status and wait on a green card and it costs more in fees.

Anyway you go, you will have to spend time apart. We're all in the same boat.

Hubby and I have been together six years, a year and a half of that married and apart. Skype and unlimited calling to Canada will be your best friend.


USCIS- 260 Days

6/8/11~ Mailed I-130 Application, withdrew Canadian PR application
6/16/11~ NOA1 email and text message Case routed to CSC (Priority Date)
7/12/11~ The 'Money Order' Incident/Returned to Tennessee
8/03/11~ TOUCHED!
3/2/12~ APPROVED! NOA2!

NVC Electronic Processing- Montreal- 19 Days

3/21/12~ Received case number & IIN 20 Days after NOA2
3/21/12~ Sent in opt-in email
3/22/12~ Opt-in accepted
3/23/12~ DS-261 Submitted, never accepted
3/29/12~ AOS bill invoiced and paid
3/30/12~ AOS shows PAID- AOS Package emailed/received, DS-3032 emailed/accepted
4/2/12~ IV bill invoiced and paid
4/3/12~ AOS Checklist documents emailed(first time)
4/4/12~ IV shows PAID- DS-260 submitted/ IV Package emailed/received
4/4/12~ AOS Checklist documents sent again for CYA (second time)
4/5/12~ IV package accepted! No Checklists!
4/6/12~ AOS Checklist emailed(third time)
4/9/12~ AOS packet accepted (finally)
CASE COMPLETE!!

Interview 354 days from NOA1/ 362 days from initial filing date
5/29/12~ Medical@ Medisys, Montreal
6/4/12~ Interview APPROVED!!!
08/07/2012~ POE Emerson, MB/Pembina, ND by land
08/09/2012~ HOME!! 424 days from initial filing date!
08/14/2012~ SSN Received
09/10/2012~ Received Green Card

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He can't get a work visa and intend to immigrate, so that idea is out.

The CR-1 and K-1 take about the same amount of time, about 9 months give or take.With both the CR-1 and K-1 he can come visit you, as long as he shows proof he will be returning to Canada.

You could marry and file for the CR-1, he could 'live' here up to six months, but he wouldn't be able to work, and he would have to go to Montreal for the interview process. (live in quotation marks, because he can't legally live here with out a visa. It would be an extended visit. The CBP might look at him funny and deny him entry if he tells them he's visiting for six months) CR-1 he will have a green card, immediately be able to look for work and is cheaper in the long run.

K-1 he will have to adjust his status and wait on a green card and it costs more in fees.

Anyway you go, you will have to spend time apart. We're all in the same boat.

Hubby and I have been together six years, a year and a half of that married and apart. Skype and unlimited calling to Canada will be your best friend.

Thanks for the information. Skype is already my best friend for video chatting with him every night.

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My fiancee just got her visa yesterday. We went the K1 route and are now going to adjust her status to get her green card. Looking back on it, I would have done the CR-1 instead. The K1 is about 1000 dollars more expensive and more paperwork for adjustment of status. If you feel comfortable with it get married immediately and then file the CR-1 and then have your 'wedding' party whenever you want it to be wherever you want it to be. The only downside to this is it may be more difficult to prove a bonafide marriage since you might not have bills, bank accounts, leases in both your names at all or for very long.

Unfortunately, unless he wants to be unemployed and 'visit' you for months at a time, there will probably be months apart in your next year.

Best of luck!

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