Filed for our K1, seeking info about fiance moving here

[Kim & Zak 195]

Hey everyone!

 

So, I've talked to a number of immigration lawyers and got some help deciding what immigration path is best for my fiance and I.  I'm American, he's Canadian, and he's moving here. We decided on the K1 visa, and that was filed back in August. We're hoping/expecting that he'll be able to move here in March or so. 

 

My fiance is Canadian, we visit each other frequently and have no issue with immigration officers stopping him from entering. 

 

Some questions:

• When he's able to enter the country with his visa, can he officially move here? Can we bring his car and some of his furniture or will border patrol stop us? What forms do we need to fill out, if any, to do this? This point here is my biggest concern. 
• Do we need to file the AOS and all other paperwork within 90 days of getting married? My understanding is yes, but I wanted to make sure
• What is the wait time for the green card in this process? My understanding is two years, but others have told me that when you file from outside the US, it takes like 3-6 months... Is there any way to expedite this process? I'm okay with waiting, but it's good to know our options. 
• Any general tips/suggestions? 

 

Thank you in advance! I wish you all well in this process. 

[NigeriaorBust 4,087]

   Moving his car may be the hardest thing .  IS it paid off ?   You will need to get a certificate that it meets US safety standards and the US requires TPS systems  ( tire pressure sensor)  and not all cars can be retrofitted.   You can file AOS at anytime  you must marry in 90 days. However the longer you wait the longer before he can work or travel back to Canada.   

[Kim & Zak 195]

I'm not sure, but I know it's close to being paid off, in the very least.. I can imagine that not having it paid off will pose an issue. I suppose we may just have to ask border patrol next time I visit him - I always fly into North Dakota and he picks me up from there and we drive up to Canada together. 

 

Congrats on getting through the process, btw! I'm stressed as all heck about it lmao

[Suss&Camm 2,213]

55 minutes ago, kas634 said:

Hey everyone!

 

So, I've talked to a number of immigration lawyers and got some help deciding what immigration path is best for my fiance and I.  I'm American, he's Canadian, and he's moving here. We decided on the K1 visa, and that was filed back in August. We're hoping/expecting that he'll be able to move here in March or so. 

 

My fiance is Canadian, we visit each other frequently and have no issue with immigration officers stopping him from entering. 

 

Some questions:

• When he's able to enter the country with his visa, can he officially move here? Can we bring his car and some of his furniture or will border patrol stop us? What forms do we need to fill out, if any, to do this? This point here is my biggest concern. 

Yes - in fact this is when he is supposed to move here. After this he can't leave the country until he is either granted the i-131 Advance Parole filed for free with the i485 (AOS), OR gets his Green Card. For questions related to bringing his things, car etc. you should check with CBP what's needed and what sort of documentation is needed for what things.

Quote

• Do we need to file the AOS and all other paperwork within 90 days of getting married? My understanding is yes, but I wanted to make sure

No - you only need to marry within the 90 days, although it is recommended to apply for the AOS as well, it's not a requirement. The time between your i94 expiring and the filing of your AOS is technically illegal presence, but likely without any consequences (unless maybe the AOS was later denied). When the AOS filing is in, you are in a state of authorized stay, permitting you to be here.

Quote

• What is the wait time for the green card in this process? My understanding is two years, but others have told me that when you file from outside the US, it takes like 3-6 months... Is there any way to expedite this process? I'm okay with waiting, but it's good to know our options. 

After filing for AOS it can take anywhere from 3 months to over a year - it depends on if you will have an interview or not and what the processing time of your local field office is in the case that you do have an interview.

Quote

• Any general tips/suggestions? 

 

Thank you in advance! I wish you all well in this process. 

Just that you sort out as much as possible and tie up loose ends before entering on the K1 and to then proceed to marry and file for AOS, AP/EAD ASAP, since processing times for EAD/AP have gone up lately.

Edited November 20, 2017 by Suss&Camm

[pajobra 1,395]

2 hours ago, kas634 said:

I'm not sure, but I know it's close to being paid off, in the very least.. I can imagine that not having it paid off will pose an issue. I suppose we may just have to ask border patrol next time I visit him - I always fly into North Dakota and he picks me up from there and we drive up to Canada together. 

 

Congrats on getting through the process, btw! I'm stressed as all heck about it lmao

Ha my fiance Chris used to fly in Devils Lake, ND and I would pick him up there to visit me in Manitoba.  I also flew out from there as it was a heck of a lot cheaper than flying out of winnipeg. lol

[Kim & Zak 195]

4 minutes ago, pajobra said:

Ha my fiance Chris used to fly in Devils Lake, ND and I would pick him up there to visit me in Manitoba.  I also flew out from there as it was a heck of a lot cheaper than flying out of winnipeg. lol

Same! Well, not Devil's Lake, but we always fly Allegiant into Fargo or Grand Forks, and he lives in Steinbach  I've only flown direct into Winnipeg once..... it was a disaster getting back, to say the least

[pajobra 1,395]

18 minutes ago, kas634 said:

Same! Well, not Devil's Lake, but we always fly Allegiant into Fargo or Grand Forks, and he lives in Steinbach  I've only flown direct into Winnipeg once..... it was a disaster getting back, to say the least

Yeah its crazy going from Winnipeg. Ah Steinbach I have been there a few times it has been a city that has gone though a lot of changes in the last 10 years.

[N-o-l-a 7,168]

8 hours ago, kas634 said:

I'm not sure, but I know it's close to being paid off, in the very least.. I can imagine that not having it paid off will pose an issue. I suppose we may just have to ask border patrol next time I visit him - I always fly into North Dakota and he picks me up from there and we drive up to Canada together. 

 

Congrats on getting through the process, btw! I'm stressed as all heck about it lmao

 

I'd probably not mention the word "moving" while crossing the border.  Could give the wrong impression and all.  This seems to be relevant to your situation: https://help.cbp.gov/app/answers/detail/a_id/218/~/requirements-for-importing-a-vehicle-%2F-vehicle-parts

 

 

6 hours ago, kas634 said:

Same! Well, not Devil's Lake, but we always fly Allegiant into Fargo or Grand Forks, and he lives in Steinbach  I've only flown direct into Winnipeg once..... it was a disaster getting back, to say the least

 

Is it a direct flight to Grand Forks from Arizona?  My mother is thinking of buying a third house there or NM...

[Limey 551]

22 hours ago, kas634 said:

Some questions:

• When he's able to enter the country with his visa, can he officially move here? Can we bring his car and some of his furniture or will border patrol stop us? What forms do we need to fill out, if any, to do this? This point here is my biggest concern. 
• Do we need to file the AOS and all other paperwork within 90 days of getting married? My understanding is yes, but I wanted to make sure
• What is the wait time for the green card in this process? My understanding is two years, but others have told me that when you file from outside the US, it takes like 3-6 months... Is there any way to expedite this process? I'm okay with waiting, but it's good to know our options. 
• Any general tips/suggestions? 

 

Thank you in advance! I wish you all well in this process. 

1) when he officially moves (ie enters on his k1) then you shouldn't have a problem bringing property in. Since I was coming from the UK I came via an airport but they basically marked on my customs card that I was immigrating, and I guess I'd be treated differently... normally you have to declare anything over 100 dollars or so that will remain in the US when entering as a tourist... if you are immigrating, everything is staying in the US! I shipped some furniture etc from the UK using a specialist shipper - there was a whole load of customs forms, but no import charges/tariffs etc (other than inspection fees). I assume things are easier if you can just drive across the border

2) you need to get married within 90 days. AOS can wait, but its much better to do it sooner (see below!)

3) it will depend on current wait times, and where in US you are (different offices). Typically the first green card might take 4-5 months, but prior to that you get an AP/EAD card that means you can work, and travel. Mine took around 70 days or so from filing AOS. So obviously the sooner you file AOS, the sooner you can work and travel.

4) With the car I'd look at selling it in Canada and buying another in US. Avoids a lot of hassles (I've imported cars across country borders before, and it can be complicated).

[NikLR 13,234]

1) cars a different beast than normal belongings.  You have 10 years to move normal belongings.  You have 1 year to import a car.  It needs to be compliant (TPMS) and paid off.  with a compliance letter and proof of ownership you are good to go.

2) You need to be married within 90 days.  AOS can occur anytime after marriage.  The sooner the better.

3) k1 takes about 6-10 months, AOS takes up to a year.  EAD is currently taking 4 months.  All in all it's faster to green card via CR1

4) remember without EAD your fiance will be unable to work so you guys will be existing off of a single income.  He can file for EI within 4 weeks of leaving his job and collect it after his EAD arrives if you want or if there is a lack of jobs for him.  He will need health insurance as well and sometimes that's cheaper when you buy separately. 

[Kim & Zak 195]

On 11/20/2017 at 7:47 PM, N-o-l-a said:

 

Is it a direct flight to Grand Forks from Arizona?  My mother is thinking of buying a third house there or NM...

Yep! I fly out of Chandler/Mesa, here in PHX. One of the reasons I fly to GFK is because it's non-stop.. whereas flying PHX to Winnipeg is at least 2-3 separate flights

[Kim & Zak 195]

22 minutes ago, NikLR said:

1) cars a different beast than normal belongings.  You have 10 years to move normal belongings.  You have 1 year to import a car.  It needs to be compliant (TPMS) and paid off.  with a compliance letter and proof of ownership you are good to go.

2) You need to be married within 90 days.  AOS can occur anytime after marriage.  The sooner the better.

3) k1 takes about 6-10 months, AOS takes up to a year.  EAD is currently taking 4 months.  All in all it's faster to green card via CR1

4) remember without EAD your fiance will be unable to work so you guys will be existing off of a single income.  He can file for EI within 4 weeks of leaving his job and collect it after his EAD arrives if you want or if there is a lack of jobs for him.  He will need health insurance as well and sometimes that's cheaper when you buy separately. 

Thankfully we're basically good on all of this (I have a pretty good job and he can be added to my insurance for free)! When you say EI, do you mean employment insurance? 

 

Either way, thanks for the info! The stuff about the car definitely helps a lot too - I asked an immigration lawyer and he told me he didn't know lmao

[NikLR 13,234]

Yes ei = employment insurance.  Its the equivilant to unemployment down here.  But you are eligible even if you quit because you are relocating to be with family and your job isnt available. 

[Kim & Zak 195]

32 minutes ago, NikLR said:

Yes ei = employment insurance.  Its the equivilant to unemployment down here.  But you are eligible even if you quit because you are relocating to be with family and your job isnt available. 

 

I'm sorry, I just need to clarify one other thing, are you saying he should apply for this in Canada of the states? From my understanding it would be the states, but just wanted to make sure..

 

Thanks!

[NikLR 13,234]

3 hours ago, kas634 said:

 

I'm sorry, I just need to clarify one other thing, are you saying he should apply for this in Canada of the states? From my understanding it would be the states, but just wanted to make sure..

 

Thanks!

Doesnt matter, just do it within 4 weeks of leaving his job.  I would put the us address down though.