Are there any options that don't require you to spend a lot/any time apart?

[Tia_24 1]

Hi everyone, how are you?

I am super new here, so have a ton of questions. Trust me I've been researching non stop, but I'm just getting more and more confused.

 

I am a 21 year old Canadian female who is in a long distance relationship with a 31 year old American male who lives in Maryland, US.

 We are wanting to move me down there so we can start our life together permanently, but we aren't sure where to start or which visa to go with. Marriage/engagement is no problem, it's something we are both wanting and ready for. We were leaning towards the  k-1 visa as it seems to be the fastest process, but we are a bit confused with the mixed answers we've been reading. We want to go with whichever option allows us to be together during the process. We've read that to do the k-1 visa, he has to file for me while I'm in Canada, and I have to stay in Canada during the whole process until it is approved. Is that true? On one hand I'm also reading you can visit, but it's at the discretion of the officer to let you in or not.

So far I've only left Canada for 2 weeks out of the year so I still have visiting time left, correct? Would it be smart for us to just have me come back there and than look into and start a visa process? Were just looking into which ever visa allows us to be together and have a life together, with the least amount of time apart possible. We were lucky to find a best friend and love in each other as I know you all understand, so being away isn't easy.  I'm not working right now, and he is in the military which is why me moving to him is what were going with. That being said we are open to literally any process or visa out there. We would get married tomorrow if we had to. We were just thinking the K-1 because it looked the fastest, but if there's a better option out there or one where we don't have to be apart that would be amazing.

We just want to make sure we're doing it right as to not hinder the process. Thank you all so much!

[Ben&Zian 4,397]

18 minutes ago, Tia_24 said:

Hi everyone, how are you?

I am super new here, so have a ton of questions. Trust me I've been researching non stop, but I'm just getting more and more confused.

 

I am a 21 year old Canadian female who is in a long distance relationship with a 31 year old American male who lives in Maryland, US.

 We are wanting to move me down there so we can start our life together permanently, but we aren't sure where to start or which visa to go with. Marriage/engagement is no problem, it's something we are both wanting and ready for. We were leaning towards the  k-1 visa as it seems to be the fastest process, but we are a bit confused with the mixed answers we've been reading. We want to go with whichever option allows us to be together during the process. We've read that to do the k-1 visa, he has to file for me while I'm in Canada, and I have to stay in Canada during the whole process until it is approved. Is that true? On one hand I'm also reading you can visit, but it's at the discretion of the officer to let you in or not.

So far I've only left Canada for 2 weeks out of the year so I still have visiting time left, correct? Would it be smart for us to just have me come back there and than look into and start a visa process? Were just looking into which ever visa allows us to be together and have a life together, with the least amount of time apart possible. We were lucky to find a best friend and love in each other as I know you all understand, so being away isn't easy.  I'm not working right now, and he is in the military which is why me moving to him is what were going with. That being said we are open to literally any process or visa out there. We would get married tomorrow if we had to. We were just thinking the K-1 because it looked the fastest, but if there's a better option out there or one where we don't have to be apart that would be amazing.

We just want to make sure we're doing it right as to not hinder the process. Thank you all so much!

 

Honestly either K-1 or CR-1 you can still stay with him during the processing as long as you enter legally at the boarder as usual. You just have to continue to be honest at the boarder and show same ties to Canada and that you do intend to return at the end of your stay. There is no rule that says you can't enter the US during th eprocessing.

 

It is always up to immigrations whether to allow entry or not of course; but there is no rule again against not being able to enter and visit/stay during the processing of a K-1 or CR-1 visa.

[Tia_24 1]

6 minutes ago, Ben&Zian said:

 

Honestly either K-1 or CR-1 you can still stay with him during the processing as long as you enter legally at the boarder as usual. You just have to continue to be honest at the boarder and show same ties to Canada and that you do intend to return at the end of your stay. There is no rule that says you can't enter the US during th eprocessing.

 

It is always up to immigrations whether to allow entry or not of course; but there is no rule again against not being able to enter and visit/stay during the processing of a K-1 or CR-1 visa.

Thank you SO much for the reply. So would you suggest to apply for the k-1 before I leave to go visit, or to do it while I'm there?

And as for me returning to Canada after my stay, Would it be to sever my ties in Canada and give notice on my apartment and such to move out there for when the K-1 is approved?

When would I be allowed to go back? If we do the k-1 and I visit for 4 months, would it be 2 months (or however long it takes to approve the visa) later that I'd come back to the USA once and for all?

Sorry for all the questions, I really appreciate the help!

[Ben&Zian 4,397]

Definately start with the guides:

 

http://www.visajourney.com/content/k1guide

http://www.visajourney.com/content/k1flow

 

If you go visit now, you could both do the paperwork and send it off while you are in the US of course.

 

First petition goes to USCIS, it then gets processed and approved/denied. If approved it goes to NVC for a case number, they will then send it off to the embassy of the country listed in the petition, for you obviously Canada(Montreal to be more specififc as they are the only ones handling K-1s). I have heard the Montreal embassy is always back logged and can take time to set an appointment and all but you have to do medical, police report and several other things still as listed in the guides.

 

Also for specifics on Canada, on the top of the page theres a tab for "Portal", click this and it will take you to a specific Canada country forum where you can read other postings from other people here on VJ going through Canada. Each country is a little bit different on how they handle and process things at the embassy level so that is a good area to find specifics when it comes to that point in time.

 

 

[Georgia16 2,858]

I would apply now and then you can go visit. When you receive NOA2 then you know it will be send to NVC and after that then your embassy in Canada and then it's time to go back because you have to do your medical and interview in Canada and if approved you'll receive your visa shortly after and then you can move. 

[Leafsfan 54]

On 2017-03-28 at 2:42 PM, Tia_24 said:

Hi everyone, how are you?

I am super new here, so have a ton of questions. Trust me I've been researching non stop, but I'm just getting more and more confused.

 

I am a 21 year old Canadian female who is in a long distance relationship with a 31 year old American male who lives in Maryland, US.

 We are wanting to move me down there so we can start our life together permanently, but we aren't sure where to start or which visa to go with. Marriage/engagement is no problem, it's something we are both wanting and ready for. We were leaning towards the  k-1 visa as it seems to be the fastest process, but we are a bit confused with the mixed answers we've been reading. We want to go with whichever option allows us to be together during the process. We've read that to do the k-1 visa, he has to file for me while I'm in Canada, and I have to stay in Canada during the whole process until it is approved. Is that true? On one hand I'm also reading you can visit, but it's at the discretion of the officer to let you in or not.

So far I've only left Canada for 2 weeks out of the year so I still have visiting time left, correct? Would it be smart for us to just have me come back there and than look into and start a visa process? Were just looking into which ever visa allows us to be together and have a life together, with the least amount of time apart possible. We were lucky to find a best friend and love in each other as I know you all understand, so being away isn't easy.  I'm not working right now, and he is in the military which is why me moving to him is what were going with. That being said we are open to literally any process or visa out there. We would get married tomorrow if we had to. We were just thinking the K-1 because it looked the fastest, but if there's a better option out there or one where we don't have to be apart that would be amazing.

We just want to make sure we're doing it right as to not hinder the process. Thank you all so much!

Unfortunately, you're looking at probably at least 6 months apart for your application to process and go to the interview. The general timeline I see on here is ~6 months for a K1, ~12 months for a CR1. I think a big factor in this is the caseload at the interviewing embassy though, as my CR1 case was done in 6 months from filing to approval at the end of the interview. At my medical exam appointment I spoke with a K1 applicant who had a similar timeline. All interviews are held in Montreal for Canadian citizens, which depending on where you're located in the country could be a bit of a hardship as it was for me.

 

Ultimately, which course you take depends on your situation. K1 is more paperwork & fees when you take into account the adjustment of status you will need to do after getting married, but it could be filed immediately. CR1 gets you your social and residency immediately upon legal entry after approval, but you need to be married before filing.

[Leafsfan 54]

I should mention too, that you can still enter the US as you normally would on a B2 for up to 6 months after your application has been filed. It all depends if the CBP officer finds you admissible though. I was able to enter numerous times while we waited for my case to be processed, but was questioned about my employment status by the CBP officer when entering (as I usually was, the hundreds of times I crossed before). As someone who has a pending K or CR visa, if you quit your job and give up your home address, they may conclude you have intent to immigrate and deny you entry for this reason. This gets sticky because it could also be seen as immigration fraud, and have an impact on your application.

[KimchiLumpia 315]

K1 Visa will be the fastest route vs. CR1.  Also, you can visit the US while your K1 Visa is in process.  My fiance and I are testament to that, as she has travelled to Seattle from Vancouver BC multiple times.  She was never denied entry or even questioned about K1 Visas.

Many visajourney Canadian/US couples have had no problems with the Canadian or US citizen visiting while the Visa is processing. 

   

[TBoneTX 43,358]

*** Thread is moved from the K-1 Process forum to the "What Visa Do I Need" forum. ***

[KierenHby 897]

Number of informative posts. Just to add..

K-1 (together faster) about 6 mos but overall more expensive in fees to get a green card. 

CR1 (costs less) about 12 mos, but less expensive, and get a green card right away. 

 

Can visit but entry at CBP discretion, interview in Montreal. 

[Lemonslice 4,570]

Canada offers in country processing. He moves to Canada instead and you're not apart... 

[KierenHby 897]

49 minutes ago, Lemonslice said:

Canada offers in country processing. He moves to Canada instead and you're not apart... 

Unlikely.. him being with the US military 

[Lemonslice 4,570]

5 hours ago, KierenHby said:

Unlikely.. him being with the US military 

Missed that detail.

[NikLR 13,220]

You cannot LIVE in the usa until you have a visa that allows you to do so.  You can VISIT him as allowed per CBP (be truthful about your visiting intentions.)  K1 is faster to visa, but costs almost twice as much and your ability to work or travel is limited until 90 (ish) days of filing for your adjustment of status. It's longer to green card.

CR1 requires marriage first, is longer to visa but is cheaper and you are a permanent resident upon entry and can work or travel immediately.  

You interview at the Montreal US consulate either way and the medical must also be done in Canada.  You will have a period of time after interview where you do not have your passport while they do some background checks and issue the visa if you pass the interview. 

[Tia_24 1]

2 hours ago, NikLR said:

You cannot LIVE in the usa until you have a visa that allows you to do so.  You can VISIT him as allowed per CBP (be truthful about your visiting intentions.)  K1 is faster to visa, but costs almost twice as much and your ability to work or travel is limited until 90 (ish) days of filing for your adjustment of status. It's longer to green card.

CR1 requires marriage first, is longer to visa but is cheaper and you are a permanent resident upon entry and can work or travel immediately.  

You interview at the Montreal US consulate either way and the medical must also be done in Canada.  You will have a period of time after interview where you do not have your passport while they do some background checks and issue the visa if you pass the interview. 

Thank you so much for the answer, I appreciate it. I never imagined all of this to be so complicated haha, I'm struggling a bit to get my head wrapped around it all and understand everything. 

I do have one question that I haven't been able to find any kind of answer to, when it comes to the CR1 visa, if we were to get married right away and file for the CR1, would I be able to go be with him right away? Or is it also a wait ( an even longer one?) until the visa before I can go be with him? I've come across a few articles that make it sound like you just get married, he files for me and boom we can be together right away, but something tells me that isn't the case haha. 

The whole money thing and not being able to work thing isn't a big deal. Were willing to pay more if there's a better option, and as for me working we don't mind having to wait if need be, all my expenses are really is food and we both share the same diet which is super income friendly.  Thanks so much