CR-1/K-3 Visa Tips & moving back and forth

[Kathryn Baer 1]

My Fiance & are are waiting on our K-1 but have recently discovered that a CR-1 might be a better option for us. With a CR-1 you obtain your Green Card once the petition has been approved & completed, correct? No filing for an AOS, obtaining a work authorization (which I've heard can sometimes take nearly 2 years) and having to remove conditions after 2 years to obtain a Green Card/Permanent Residency. In the long run, it's cheaper & overall easier if I understand correctly. 

 

We kind of have this idea to get married here in Canada and then stay here in Canada for 6 months (or 180 days). I'm Canadian, he's American. So if he stayed here with me in Canada for 6 months after getting married, I would be able to maintain my current employment. He wouldn't be working here (obviously since he wouldn't have a work visa) but he would be helping my parents fix up their house. Once those 6 months are up, I would go to the USA with him where he would then work and I would stay at home. I'd also probably help his family as they home school their children and I have been trained in that field. We're both flexible people and willing to make whatever moves possible to stay together the whole time. 

 

Legally, we are both allowed into each others home country for 180 days (6 months) as a tourist, not requiring a visa. I have a place here, he has a place there so we would just have duplicates of things in each country meaning we'd have a place to live in both places as well. The only thing we would move back & forth across the border is ourselves & our clothes. I was just wondering if anyone has ever done this before? We've been in a long distance relationship for the past 2 years and we don't want to spend a moment apart once we are married. On our timeline it says that our Visa may be adjudicated between February 11 & 18..? If we get our next NOA within the next month or two, we'll just proceed with the K-1. We would be fine with waiting on the K-1 if this idea is not at all possible, but we are getting impatient and want to get married.  

Edited January 25, 2017 by Kathryn Banman
Adding information

[Ben&Zian 4,397]

I would continue on with the K-1 if you're nearing the NOA2 time frame honestly. Obviously there's pros and cons to each visa type; but if you're this far a long perhaps it's better just to ride it out. No one can specifically tell you which is better. That is purely up to you and your SO.

 

 

[Ortolan 381]

If you get married now and file an I-130, you'll be getting a CR-1 visa. You will still have to apply for Removal of Conditions in the 90 days before the 2-year anniversary of your entrance to the US on that visa. You only are exempt from this if you've been married for over 2 years at the time you enter the U.S. Then you'd be granted an IR-1 visa, and wouldn't have to apply to Remove Conditions.

[geowrian 22,336]

I think waiting on the K-1 is probably your best (safest and fastest) route. If you got married, you would have to start over with a CR-1 visa, which takes 10+ months to process. And although you have legal passage to the US, once filed, they may turn you away at POE as you have now stated immigrant intent. It all depends on if CBP believes you are going to actually return home or not. Some have done it successfully, while others have been turned away. Others were initially allowed but turned away on future attempts.

[Kathryn Baer 1]

10 minutes ago, Ortolan said:

If you get married now and file an I-130, you'll be getting a CR-1 visa. You will still have to apply for Removal of Conditions in the 90 days before the 2-year anniversary of your entrance to the US on that visa. You only are exempt from this if you've been married for over 2 years at the time you enter the U.S. Then you'd be granted an IR-1 visa, and wouldn't have to apply to Remove Conditions.

With the CR-1 I would be able to work in the USA, right?

8 minutes ago, geowrian said:

I think waiting on the K-1 is probably your best (safest and fastest) route. If you got married, you would have to start over with a CR-1 visa, which takes 10+ months to process. And although you have legal passage to the US, once filed, they may turn you away at POE as you have now stated immigrant intent. It all depends on if CBP believes you are going to actually return home or not. Some have done it successfully, while others have been turned away. Others were initially allowed but turned away on future attempts.

I have traveled to visit my fiance 3 times since filing our K-1 and they've never mentioned anything. I do always bring a packet proving I have strong ties to Canada like a signed letter from my employer stating I am required back at work on a certain date, evidence of bank accounts, most recent pay stubs, proof of vehicle ownership, etc just in case they do ask for it. I'm really hoping that it will stay this way and that everything will go through soon. 

[geowrian 22,336]

6 minutes ago, Kathryn Banman said:

With the CR-1 I would be able to work in the USA, right?

I have traveled to visit my fiance 3 times since filing our K-1 and they've never mentioned anything. I do always bring a packet proving I have strong ties to Canada like a signed letter from my employer stating I am required back at work on a certain date, evidence of bank accounts, most recent pay stubs, proof of vehicle ownership, etc just in case they do ask for it. I'm really hoping that it will stay this way and that everything will go through soon. 

Yes. A CR-1 grants LPR status, and you will receive a green card to prove this  "shortly" after arrival in the US. LPR status allows you to do any kind of (legal) work.

 

I'm certainly not saying they will turn you away. Prior trips are good. That said, and as it sounds like you already know, they can decide to do so at any point (and then you're marked so you won't get through again). As-is, it sounds like USCIS hasn't even really looked at your case yet, so there is no documented immigrant intent. I do wish you good luck.

Edited January 25, 2017 by geowrian

[Kathryn Baer 1]

8 minutes ago, geowrian said:

Yes. A CR-1 grants LPR status, and you will receive a green card to prove this  "shortly" after arrival in the US. LPR status allows you to do any kind of (legal) work.

 

I'm certainly not saying they will turn you away. Prior trips are good. That said, and as it sounds like you already know, they can decide to do so at any point (and then you're marked so you won't get through again). As-is, it sounds like USCIS hasn't even really looked at your case yet, so there is no documented immigrant intent. I do wish you good luck.

They ask the regular questions, like what are you doing, who are you seeing. Especially this last trip. Kind of puts me off that they could potentially not have looked at our case yet  We got our first NOA quite quickly, and it's been nearly 2 months now. You'd think they would have looked into it already. 

[geowrian 22,336]

22 minutes ago, Kathryn Banman said:

They ask the regular questions, like what are you doing, who are you seeing. Especially this last trip. Kind of puts me off that they could potentially not have looked at our case yet  We got our first NOA quite quickly, and it's been nearly 2 months now. You'd think they would have looked into it already. 

Sorry, but it is what it is. They go in a first come, first served manner. Early Nov. filers is currently where most of the cases are being picked up now, along with some late Oct. filters. Every case is different, but the assumption is that most I-129Fs only take 15-30 minutes of processing to get approved (NOA2).

 

You can check out the latest statuses on the Nov. filers thread:

http://www.visajourney.com/forums/topic/615077-i-129f-november-2016-filers/

 

Edited January 26, 2017 by geowrian

[Lemonslice 4,583]

3 hours ago, Kathryn Banman said:

So if he stayed here with me in Canada for 6 months after getting married, I would be able to maintain my current employment. He wouldn't be working here (obviously since he wouldn't have a work visa) but he would be helping my parents fix up their house.

Yeah, sorry... American visitors are not allowed to work in Canada.  While he might be allowed to visit for 6 months, he is not allowed to help your parents with construction work, or bigger projects than doing his own laundry, cooking you dinner and tidying up his mess really.   Call CBSA if you want all the details about what kind of work he is actually allowed to do.  

 

 

3 hours ago, Kathryn Banman said:

Once those 6 months are up, I would go to the USA with him where he would then work and I would stay at home. I'd also probably help his family as they home school their children and I have been trained in that field.

That goes for Canadian visitors to the USA - you cannot work or do the work an American citizen could be paid to do. 

 

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3 hours ago, Kathryn Banman said:

having to remove conditions after 2 years to obtain a Green Card/Permanent Residency.

If you have not been married two years when you cross the border/become a permanent resident, then you will still need to remove conditions. 

 

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I'm sorry, I wish there was a magic trick to cut the wait, work and all... but there isn't.  If you have paid and filed for the K1, I would just continue and wait it out, prepare for AOS, etc.  

[ricnally 258]

work authorization (applied for with your AOS after marrying on a K1) takes 60-90 days, not 2 years.

[Kathryn Baer 1]

 

15 hours ago, Lemonslice said:

Yeah, sorry... American visitors are not allowed to work in Canada.  While he might be allowed to visit for 6 months, he is not allowed to help your parents with construction work, or bigger projects than doing his own laundry, cooking you dinner and tidying up his mess really.   Call CBSA if you want all the details about what kind of work he is actually allowed to do.  

 

 

That goes for Canadian visitors to the USA - you cannot work or do the work an American citizen could be paid to do. 

 

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If you have not been married two years when you cross the border/become a permanent resident, then you will still need to remove conditions. 

 

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I'm sorry, I wish there was a magic trick to cut the wait, work and all... but there isn't.  If you have paid and filed for the K1, I would just continue and wait it out, prepare for AOS, etc.  

He wouldn't be getting paid, it would just keep him occupied while he's here. Same with me helping his mom teach his younger siblings, not getting paid just simply doing something so I'm not sitting at home alone all day. His mother is left with the task of teaching 4 boys on her own, so since I help out when I'm there visiting anyway when my fiance goes to work, I don't see why it would be a problem. 

10 hours ago, ricnally said:

work authorization (applied for with your AOS after marrying on a K1) takes 60-90 days, not 2 years.

A friend of mine did the whole K-1 process and applied for Work Authorization at the same time as her AOS and finally got her Work Authorization approval a month before she'd have to get her conditions removed. 

[geowrian 22,336]

1 hour ago, Kathryn Banman said:

 

He wouldn't be getting paid, it would just keep him occupied while he's here. Same with me helping his mom teach his younger siblings, not getting paid just simply doing something so I'm not sitting at home alone all day. His mother is left with the task of teaching 4 boys on her own, so since I help out when I'm there visiting anyway when my fiance goes to work, I don't see why it would be a problem. 

A friend of mine did the whole K-1 process and applied for Work Authorization at the same time as her AOS and finally got her Work Authorization approval a month before she'd have to get her conditions removed. 

Getting paid or not doesn't matter. If you are performing a service that is normally performed by somebody as part of their job, then it's considered work.

[Lemonslice 4,583]

1 hour ago, Kathryn Banman said:

 

A friend of mine did the whole K-1 process and applied for Work Authorization at the same time as her AOS and finally got her Work Authorization approval a month before she'd have to get her conditions removed. 

You can't volunteer if it could be a paid position - so not legal.  Parents can take care of their kids, grandparents cannot babysit for example.

 

There is something amiss about your friend's timeline - you cannot remove conditions until you've been a permanent resident for close to two years. Being a permanent resident, you have a green card and you're authorized to work -no need for a separate authorization.

[Kathryn Baer 1]

1 minute ago, Lemonslice said:

You can't volunteer if it could be a paid position - so not legal.  Parents can take care of their kids, grandparents cannot babysit for example.

 

There is something amiss about your friend's timeline - you cannot remove conditions until you've been a permanent resident for close to two years. Being a permanent resident, you have a green card and you're authorized to work -no need for a separate authorization.

Yes, it took nearly two years for her to obtain work authorization which by that time was useless since she would be removing conditions soon anyway. 

[Lemonslice 4,583]

7 minutes ago, Kathryn Banman said:

Yes, it took nearly two years for her to obtain work authorization which by that time was useless since she would be removing conditions soon anyway. 

... Maybe it was  something else then. Ajustment of status?

Because you can't remove conditions if you do not have a green card, and if you have a green card, you're authorized to work.