Need advice on what best course of action might be please!

[redxyz 0]

Thanks for all your replies! Just to clarify, once we get married in the US, would we need to apply for the CR1 before she returns to Canada or can she return to Canada and then apply and we can go back and forth on visits while waiting for approval?

[Crazy Cat 39,769]

3 hours ago, redxyz said:

Thanks for all your replies! Just to clarify, once we get married in the US, would we need to apply for the CR1 before she returns to Canada or can she return to Canada and then apply and we can go back and forth on visits while waiting for approval?

Either is fine.....once you are married, you can file before she leaves or after she returns to Canada....and you can visit each other during the process.

Edited July 8, 2018 by missileman

[JFH 12,189]

4 hours ago, redxyz said:

Thanks for all your replies! Just to clarify, once we get married in the US, would we need to apply for the CR1 before she returns to Canada or can she return to Canada and then apply and we can go back and forth on visits while waiting for approval?

You can file as soon as you have the official marriage certificate. Or you can wait until the time is right for you. When to file is a very personal choice. It’ll take 12 - 14 months to be approved and the visa is valid for 6 months from the date of the medical exam (so typically the visa is valid for around 5 months from date of issue). If she will definitely not be ready to move (school, job, etc) within the next 17 months then I would hold off. 

 

You can visit as often as you can afford to. 

Edited July 8, 2018 by JFH

[debbiedoo 2,339]

15 hours ago, redxyz said:

Thanks for letting me know! So she would not be allowed to even visit anymore during the process once we file for the visa? Or can she visit while waiting? Not with the intent to stay but just to visit for a little while and go back. Or would it be easier to get married in Canada if that’s what we would want? We’re open to both sides of the border, whichever makes the process easier overall. And how long does it currently take for the CR-1 to fully process?

my fiance is in canada. for our own reasons, we chose the K1 visa.

 

he comes down and visits every 3 weeks, and has for 2.5 years now, since we met.

 

k1 process is anywhere from 8-10 months (average) CR1 is 12-14 but is, for most people, the better option.

Edited July 8, 2018 by debbiedoo

[debbiedoo 2,339]

11 hours ago, KBA said:

I agree with the CR1...waiting for the K1 has been a nightmare for us so definitely do the CR1! 

takes longer for a cr1 than k1 lol

Edited July 8, 2018 by debbiedoo

[KBA 542]

10 minutes ago, debbiedoo said:

takes longer for a cr1 than k1 lol

For us unfortunately the K1 is taking longer than a CR1

Edited July 8, 2018 by KBA

[debbiedoo 2,339]

15 minutes ago, KBA said:

For us unfortunately the K1 is taking longer than a CR1

have you placed an inquiry? Assuming your timeline is correct, you are far outside normal processing times. 

[Diane and Chris 651]

27 minutes ago, debbiedoo said:

my fiance is in canada. for our own reasons, we chose the K1 visa.

 

he comes down and visits every 3 weeks, and has for 2.5 years now, since we met.

 

k1 process is anywhere from 8-10 months (average) CR1 is 12-14 but is, for most people, the better option.

I know you said for your own reasons you chose K-1. If you don’t mind sharing, why did you choose this?  Since EADs and AOSs are taking so extremely long, why not CR1?  

[redxyz 0]

What if we got married and decided to wait the two years while making sure our plans are all in place? Could we then apply for the IR1 instead? And is the processing time the same for that one or faster than the CR1? Thanks!

[KBA 542]

29 minutes ago, debbiedoo said:

have you placed an inquiry? Assuming your timeline is correct, you are far outside normal processing times. 

Yes, every avenue has been explored...inquiries, congresswoman., Ombudsman...going to pursue a lawsuit since it’s been so long 

[NikLR 13,220]

11 hours ago, Rocko20 said:

 

Agreed. But you forgot two things:

 

CR-1

- Still takes 10-14 months on average for approval so there is a longer wait to see your spouse (unless obviously the beneficiary resides in a visa waiver country,  which makes visits to America much easier)

- The petitioner needs the funds and time off work to travel (usually multiple days) to the country of the beneficiary to get married (not everyone might have that luxury, despite having already met)

 

Other than those considerations I would agree, the CR1 is still superior due to the low amount of paperwork and restrictions compared the the K1.

 

Your considerations arent taking in the OP's situation.  Canadian and American.  Visiting generally isnt an issue and likely isnt going to cost a tonne of money in either direction. 

[NikLR 13,220]

52 minutes ago, Diane and Chris said:

I know you said for your own reasons you chose K-1. If you don’t mind sharing, why did you choose this?  Since EADs and AOSs are taking so extremely long, why not CR1?  

I find that when it comes to Canadians they tend to pick the K1 if they a) didnt want to spend any married life apart, b) had children from previous relationships who are immigrating or c) simply didnt know.  Most of the time it's A.  

[debbiedoo 2,339]

2 hours ago, Diane and Chris said:

I know you said for your own reasons you chose K-1. If you don’t mind sharing, why did you choose this?  Since EADs and AOSs are taking so extremely long, why not CR1?  

 

I have a pension i get from my ex husband and once I marry, I lose it. I'd rather go without it for 6 months or so while waiting for an EAD than 12-14 waiting for CR1. if it wasnt for that, wed have done the cr1. 

Edited July 8, 2018 by debbiedoo

[debbiedoo 2,339]

1 hour ago, KBA said:

Yes, every avenue has been explored...inquiries, congresswoman., Ombudsman...going to pursue a lawsuit since it’s been so long 

thing is, since you dont know WHY, it could hold up a cr1 in the same way.

 

thats frustrating for sure. 

[KBA 542]

3 hours ago, debbiedoo said:

thing is, since you dont know WHY, it could hold up a cr1 in the same way.

 

thats frustrating for sure. 

Exactly...so we would’ve run into delays either way