Two basic questions....K3 VS CR-1 and Travelling

[TeamCupid 0]

Hello everyone

My fiancé and I are looking to get married soon but are a bit confused on two things. Our original plan was to marry and apply for the K3 visa but it looks as though the K3 Visa is being phased out and replaced with the CR-1. I live here in the states and my fiancé lives in Canada. We currently visit each other every month for about a week at a time. One month I travel to Canada, the next she travels here. Can we continue to do this once we start the visa process?

It is important to us that she is able to travel back home during this process as that's where her family is and she has good opportunities to continue to earn an income there. Her financial opportunities will be rough when she first moves here.

Any help and advice would be greatly appreciated!

[canadian_wife 1,823]

The Cr-1 allows for immediate work and travel plus all the benefits of permanent residency. It is also cheaper than the K-3 plus the K3 is rarely issued. In my opinion, no reason to chase it.

One may visit even after the paperwork is filed.

good luck

[TeamCupid 0]

Thank you for your quick reply. What really has me confused is the language here on the VJ site when listing the pluses and minuses of the Cr-1.

"After entry into the US, as a Permanent Resident they may seek employment without restrictions. No Employment Authorization Document (EAD) is required."

"After entry into the US, as a Permanent Resident they will not require special permission to leave the US for travel. No Advance Parole (AP) document is required."

As I read the two above pluses, "After entry.....a Permanent Resident..." this is only once she becomes a permanent resident.

"Separation from family may be longer than if filing for a K-3 Visa (or K-1 visa for a non-married fiance). The applicant will most likely not be able to enter the US while their IR1-CR-1 Visa is being processed."

This is our fear, that she will most likely not be able to enter the US while her CR-1 Visa is being processed.

[Morganalmonshid94 84]

She'll be a permanent resident when she enters with the spouse visa unlike finances, so she can work and leave the country right away . And while the chances go up that she can be turned down at the border it isn't a for sure thing that statement more so is directed at the folks across the pond not Canada but like I said there can still always be a chance but if she has only been coming over every other month for a week for a while and had no issues its probably likely to stay that way .

[Penguin_ie 5,994]

That line about maybe not being able to enter is more for people from high fraud countries.

[TeamCupid 0]

Ok. So once the Cr-1 process has been started, just continue with our travels as we have been. Thank you everyone for your help!

[Morganalmonshid94 84]

Yeah just makes sure she never lies as to why she's visiting, you mentioned it's not for real long so it shouldn't raise any eyebrows and to be safe make sure she has proof she'll return such as the job you mentioned she has and such just incase the people at the border happen to be crabby that day .