K-1 or or work visa to CR-1 What's the fastest way to get my fiancee into the US?

[fractaltraveler 0]

Hi All,

My fiancee and I live together in Canada. I am American and he is Canada. While I have permanent residency status in Canada, I am being offered in job in California and will likely move. I am unsure which is the fastest method of getting him down there with me. Keep in mind that while we are separated we would like to visit each other. I want to do this the legal way, but fastest as well!

- K-1 visa is fast to getting him down there, but he will be unable to work until he gets his authorization to work documents.

- CR-1 long process and I am unsure he would be able to visit me (obviously if we go this route, it is cleaner and we would just get married at City Hall tomorrow in Vancouver, Canada)

Also, is it possible for him to work temporarily in the states on a worker visa and then be concurrently filing green card papers based on marriage? Probably best for him to have some career continuity...

We're pretty lucky that we are in a position where he can come down with me and we can go either route....but we need to find out which one is the best. Does anyone have any input?

Thanks again for your help! This community is amazing!!!

[Rob L 3,811]

Hi All,

My fiancee and I live together in Canada. I am American and he is Canada. While I have permanent residency status in Canada, I am being offered in job in California and will likely move. I am unsure which is the fastest method of getting him down there with me. Keep in mind that while we are separated we would like to visit each other. I want to do this the legal way, but fastest as well!

- K-1 visa is fast to getting him down there, but he will be unable to work until he gets his authorization to work documents.

- CR-1 long process and I am unsure he would be able to visit me (obviously if we go this route, it is cleaner and we would just get married at City Hall tomorrow in Vancouver, Canada)

Also, is it possible for him to work temporarily in the states on a worker visa and then be concurrently filing green card papers based on marriage? Probably best for him to have some career continuity...

We're pretty lucky that we are in a position where he can come down with me and we can go either route....but we need to find out which one is the best. Does anyone have any input?

Thanks again for your help! This community is amazing!!!

You have summarized your choices well. We chose the CR-1 route( technically IR-1 because you will be newly married) because we did not like the disadvantages of the k-1

1. The spouse cannot work until the authorization comes through (60-90 days) which is applied for after your marriage

2. The spouse cannot leave the US ( and visit Canada) unit the status is adjusted AOS (60-90 days) which is applied for after your marriage

With the CR-1 route the package you get entitles you to a green card equivalent when you enter. If the immigrant needs to clean things up at home after entry, there is the possibility of going back and forth. As you pointed out, it seems cleaner to me, when I am done with the process I want to be done.

The work permit process can be concurrent to your petition, but you will probably not get one quickly unless you have a qualified work permit in process already or have a qualified TN (Nafta) opccupation http://www.uscis.gov/working-united-states/temporary-workers/tn-nafta-professionals

Edited October 14, 2014 by Rob L

[chiggins82 87]

I came here to say the same thing about the work visa. If you qualify for the TN, it could be a possibility. I did not and even though I have experience, many references and I know there will be employment opportunities, the hoops you jump through to get a work visa are crazy.

If you cannot get the TN one, then your visa is put in with everyone else in the world trying to come to the US on work visa (H1-B I think?) I had a consultation with an immigration lawyer to talk about my options. He told me that if I went the work visa route, I need to find a employer that will sponsor me, then submit my work visa application by the deadline (I think it is in the Spring), then it sits until October where they randomly draw for visas until their limit is reached which at the time was I think 65-70,000 visas per year. He told me that they receive 1-2 million applications. For me, I am not specialized enough for someone to want to put that risk for me.

In the end, I chose the K-1 solely because it allowed us to have time before getting married and generally it seems a little faster than the CR-1. Downside is that it is more expensive and what is stated above, you cannot leave the country once entering until you have AP and you can't work either right away.

Both options work, but I think it just depends on your situation. CR-1 may take a little longer to be approved, but you get a green card as soon as it is and you move to the US. The K-1 is faster, but more expensive, will cause you to be 2-3 months without ability to travel or work when you arrive.

[CAMama3 1]

I think most everything has been covered. In terms of work visas, IMO, it is highly unlikely your fiance would be granted a TN visa because that is a non-immigrant visa and he has a USC fiance. They are not dual intent.

K1 is definitely faster getting him down there if you are CSC. IR1 is not necessarily cheaper for those of us in Vancouver once you factor in going to Montreal for the interview (flights, hotel, time off work, etc). We went with K1 since time was our first priority.

Also I have seen old discussions that a beneficiary can work remotely for his Canadian company being paid into a Canadian account while in the US. That might be something to look into.

[fractaltraveler 0]

Hi all,

Thanks for the advice!

Wow, I didn't even know that we have to go to Montreal for the interview in the case for IR1/CR1. And with the K1, does that mean I have to file while in California or should I do it in Vancouver, BC? And then, will we not have to do interviews in Montreal?

Yeah, I realized that with the TN visa as well because intent to stay will be proven with a CR-1 or K1 application. You can't get a TN visa with that.

Again, am really appreciative all the help here. Love knows no boundaries (I wish!)

[CAMama3 1]

Sorry, I wasn't very thorough in my previous response. K1 interviews are in Vancouver and Montreal, whereas IR1/CR1 are just in Montreal. So yes, if you do a K1, your fiance will interview in Vancouver. No need to fly across the country! Others have also said that it is faster getting an interview in Vancouver as well.

You can file from Vancouver... we did. They will send NOA1 and NOA2 to your Canadian address... or you can put an "in care of" US mailing address and use your parents or whomever with their name and US address there on mailing address part of the application. They'll just have to hold onto your paperwork for you. You can also update your address if you end up moving to CA between NOA1 and NOA2. I used our Vancouver address and it took about 2 weeks to get NOA1 in the mail. That time can cause a slightly longer delay in your approval if you get an RFE.

Some other things to keep in mind with filing from abroad: If you haven't already moved to CA by the interview, you may have to prove intent to re-establish domicile (so far I can't find any info about if Vancouver asks about this, Montreal does). And if you haven't started your new job, then you'd most likely need a co-sponsor for the i-134. It sounds like you are moving soon though, so those shouldn't be factors (but in case you don't, thought I would mention them anyway.) Also, hopefully you have been filing US taxes this whole time.

Also, I don't think visiting is ever a problem for most Canadians.

Good luck with whatever you choose!

[NikLR 13,220]

If you're in Vancouver I suggest the K1. The cost of the AOS would equal out to the cost of flying to Montreal and back for the interview.

Just remember the beneficiary needs the EAD and the AP to work and travel. You need to be married with in 90 days of the beneficiary entering the USA on the K1 visa. I suggest sooner than later. If you want a big wedding, plan it for the year after when you already have the green card in hand.

[fractaltraveler 0]

Thanks all for your help! Question, for the CR-1, do I need to be living and working in the US? OR can we both still be in Canada at the start of the application process?

Still going back and forth with the CR-1 and K-1. I did not get a job I applied for in the US, so I'm thinking if we're going to still be in Canada for a little bit, might as well get hitched and start the CR-1 process!

[Rob L 3,811]

Thanks all for your help! Question, for the CR-1, do I need to be living and working in the US? OR can we both still be in Canada at the start of the application process?

Still going back and forth with the CR-1 and K-1. I did not get a job I applied for in the US, so I'm thinking if we're going to still be in Canada for a little bit, might as well get hitched and start the CR-1 process!

You can start when living overseas.

did you examine this chart?

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

[NikLR 13,220]

Thanks all for your help! Question, for the CR-1, do I need to be living and working in the US? OR can we both still be in Canada at the start of the application process?

Still going back and forth with the CR-1 and K-1. I did not get a job I applied for in the US, so I'm thinking if we're going to still be in Canada for a little bit, might as well get hitched and start the CR-1 process!

You can stay in Canada but keep in mind again, the CR1 requires an interview in Montreal. It also requires you to prove to the consulate in Montreal you have reestablished your domicile in the USA and that you either have a joint sponsor or have a job that meets the poverty guidelines as per the I-864P (which changes from year to year.)