Travel back and forth after K-1 between US and Canada

[Kyle&Sara 0]

I've searched around and read, but I'm kind of deducing different answers, so sorry if this is a redundant subject I'm inquiring about.

My fiance is in Calgary, Alberta and I'm in the bay area of California. We're right at the point of submitting our I-129f, G325a and all other required documents, photos, letters, etc... My question is as follows...

Once we are given the final approval that we are allowed to be married and do so within that 90 day period, does that mean that she legally has to stay in the states from that point until her Adjustment of Status is approved? I hear mixed things, some of which are a bit concerning. That being that if she were to go back home to Canada after we got married, she wouldn't be able to come back to the States before her AOS is approved. Why this concerns me is that she is employed full time back home, owns a condo, as well as horses, etc... Obviously, it's going to take a lot of orchestrating to arrange for her condo to be sold or rented out, have her horses transported and have her stuff moved here. Of course, none of those things want to be done prematurely given that we run into some hangups with our petition in the meantime. She does have a passport and uses that currently to make her visits to me here in the states.

Ideally, we'd get our petition approved, get married in the 90 day window as required so satisfy the legal obligations, then she'd go home and start taking care of her responsibilities back home (selling condo, arranging horse transport, etc...) and begin the process of her moving here and then have a "real" wedding with all of our friends and family once she's settled in here and we're financially ready to have the wedding that we want. All this said with the idea that we'd still keep moving forward with all the next required steps. I just feel like as long as she has her Canadian passport, she should still be able to travel back and forth still while we're going through all the processes regardless of what step we're at in the process.

Thanks in advanced!

Cheers

[Lynkali 163]

I'm no expert (I'm only doing K-1 so don't know other visa details), but it sounds like maybe you should look into the spousal visa (CR1) instead? Because then you could:

- have her enter on her normal tourist visa to the USA, and get married

- she RETURNS to Canada after marriage, and you file CR1

- she stays in Canada and sorts out her stuff while waiting for the spousal visa approval

- after approval she comes to the USA and is immediately able to work/travel

It's my understanding that is perfectly legal for her to enter on a tourist visa to marry you, AS LONG AS she returns to Canada and doesn't stay in the USA.

Your plan is shaky on the K-1, because after she arrives in the USA with her K-1 visa, she will not be able to travel freely back and forth -- she needs to wait in the USA for 3-4 months minimum, in order to get her Advanced Parole travel documents. Otherwise, if she leaves the USA before AP, she will not be allowed back in. There's no getting around that, and "her Canadian passport" does NOT grant her automatic entry into the USA.

[ricnally 258]

To the OP: on the K1:yes and no. After marrying, you apply for the AOS and along with that, the EAD (Employment Authorization Doc) and the AP (Advanced Parole). She won't be able to leave the US until receiving the AP (well, technically, she can leave, but she won't get back into the States). It takes about 2-3 months to get the AP after applying. So yes, she'll be able to travel before receiving the AOS, but not for a few months (until the AP is received).

Edited April 30, 2013 by ricnally

[JensJrny2Ray 367]

Once you send in your application you are looking at a 5 month wait at least until your petition is approved. After it is approved it's another month or more for her interview and after her visa is approved she has 6 months to enter the USA on it. This all gives you quite a big window to get affairs in order.

[Kyle&Sara 0]

I appreciate the insight, everyone!

So to break it down simply, this is what I'm seeing as my options:

File for K-1, get married upon approval, she has to stay here, we file for Adjustment of Status, but if she goes back to Canada for any reason before her Adjustment of Status being approved, she won't be able to come back to the States

or...

Get married "spontaneously" on either her next visit here (July) or my next visit there (this month), she can't come back with me to live, we submit the CR-1 but can still visit each other back and forth during that process, so long as she doesn't "overstay her welcome" in the States