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insteadofapricots

K1 vs. 01 and adjusting status?

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Hi! I'm in a slightly tricky situation. My fiancee is American and I'm Canadian. We're both living abroad. We want to change this and start our life in the US.

 

There are two options that seem good. One is a fiancee or a marriage visa. The disadvantages: processing time, and the fact that my fiancee can't necessarily show that she has the income/assets to support me. (Her parents do and I can support myself, don't know if that's relevant.)

 

Another is an 0-1. Without going into detail, I'm an established enough person in my discipline that I can definitely get one. My thinking is that I could get an 0-1 and adjust status once I'm married and in the states. It's more expensive, but with shorter processing times, and I'll be able to work immediately.

 

What do you guys think?

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~~moved to what Visa do I need from k1 progress reports~~

 

Is the o-1 a dual intent visa?  If not then that is Visa fraud and you'd be denied entry due to your intent to adjust status.

Why not get married and do the CR1?


You have brains in your head. You have feet in your shoes. You can steer yourself any direction you choose.  - Dr. Seuss

 

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I agree with @NikLR.  In addition, the the CR1 is the fastest route to a Green Card in hand.....and less expensive.

 

K-1

    More expensive than CR-1

    Requires Adjustment of Status after marriage (expensive and requires a lot of paperwork)

    Spouse can not leave the US until she/he receives approved Advance Parole (approx 3-4 months)

    Spouse can not work until she/he receives EAD (approx 3-4 months)

    some people have had problems with driver licenses, Social Security cards, leases, bank account during this period .

    Spouse will not receive Green Card for many months after Adjustment of Status is filed.

CR-1

    Less expensive than K-1

    No AOS required.

    Spouse can immediately travel outside the US

    Spouse can start work if desired

    Spouse receives Social Security Card and Green Card withing 2 or 3 weeks after entering the US

    Spouse  has legal permanent Resident status IMMEDIATELY upon entry to US. 

 

Visiting is allowed during both processes.

All-in-all, the CR-1 is superior to the K-1 imo. 

Edited by missileman

First career- 20 year Retired E-8, USAF Missileer,

Second career-Retired Registered Nurse, experience in Labor& Delivery, Home Health, Adolescent & Adult Psych

Third career-Retired IT Developer & Database Administrator for surgical services dept.

 

Immigration Journey:

  • Texas Service Center after transfer from Nebraska
  • Consulate :Taipei, Taiwan
  • Marriage: 7/30/2015
  • I-130 NOA1 : 4/27/2016
  • I-130 Approved :9/8/2016
  • Case received at NVC: 10/11/2016                               
  • Case # and IIN#: 10/24/2016
  • AOS Fee Invoiced:10/24/2016  
  • AOS Fee Paid:10/25/2016
  • IV Fee Invoiced:10/24/2016  
  • IV Fee Paid:10/25/2016
  • DS-260 Completed: 10/28/16
  • Scan Date:11/9/2016
  • Supervisor review: 12/21/16 
  • Checklist: 1/13/17 
  • Case Complete: 4/10/17
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  • Visa and Passport in hand/Flight to USA Booked!!!: 5/12/17  
  • POE Dallas DFW on June 22, 2017
  • SS Card received : 7/3/2017
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Just now, insteadofapricots said:

We could do a courthouse marriage in Canada and get a CR1, no question about it. I've just heard that it takes longer to do that than get the fiancee visa, and since I can work abroad for a Canadian company while I'm in the states, the non-working thing isn't as onerous.

The average processing time for a K-1 per VJ members is 9-10 months........the average processing time for a CR-1 per VJ members is 12-14 months........but the advantages of the CR-1 are vastly superior.....

 


First career- 20 year Retired E-8, USAF Missileer,

Second career-Retired Registered Nurse, experience in Labor& Delivery, Home Health, Adolescent & Adult Psych

Third career-Retired IT Developer & Database Administrator for surgical services dept.

 

Immigration Journey:

  • Texas Service Center after transfer from Nebraska
  • Consulate :Taipei, Taiwan
  • Marriage: 7/30/2015
  • I-130 NOA1 : 4/27/2016
  • I-130 Approved :9/8/2016
  • Case received at NVC: 10/11/2016                               
  • Case # and IIN#: 10/24/2016
  • AOS Fee Invoiced:10/24/2016  
  • AOS Fee Paid:10/25/2016
  • IV Fee Invoiced:10/24/2016  
  • IV Fee Paid:10/25/2016
  • DS-260 Completed: 10/28/16
  • Scan Date:11/9/2016
  • Supervisor review: 12/21/16 
  • Checklist: 1/13/17 
  • Case Complete: 4/10/17
  • Interview Date: 5/8/17 
  • Visa  "ISSUED": 5/10/17
  • Visa and Passport in hand/Flight to USA Booked!!!: 5/12/17  
  • POE Dallas DFW on June 22, 2017
  • SS Card received : 7/3/2017
  • 2-year Green Card received in mail: 7/15/17
 

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4 minutes ago, insteadofapricots said:

TN visa. That's still a thing, right? Sorry, my expertise in this is limited. 😊

The TN-1 visa is not an immigrant visa and it is not dual intent.  You could not legally qualify for a TN-1 if you have intent to immigrate.

 


First career- 20 year Retired E-8, USAF Missileer,

Second career-Retired Registered Nurse, experience in Labor& Delivery, Home Health, Adolescent & Adult Psych

Third career-Retired IT Developer & Database Administrator for surgical services dept.

 

Immigration Journey:

  • Texas Service Center after transfer from Nebraska
  • Consulate :Taipei, Taiwan
  • Marriage: 7/30/2015
  • I-130 NOA1 : 4/27/2016
  • I-130 Approved :9/8/2016
  • Case received at NVC: 10/11/2016                               
  • Case # and IIN#: 10/24/2016
  • AOS Fee Invoiced:10/24/2016  
  • AOS Fee Paid:10/25/2016
  • IV Fee Invoiced:10/24/2016  
  • IV Fee Paid:10/25/2016
  • DS-260 Completed: 10/28/16
  • Scan Date:11/9/2016
  • Supervisor review: 12/21/16 
  • Checklist: 1/13/17 
  • Case Complete: 4/10/17
  • Interview Date: 5/8/17 
  • Visa  "ISSUED": 5/10/17
  • Visa and Passport in hand/Flight to USA Booked!!!: 5/12/17  
  • POE Dallas DFW on June 22, 2017
  • SS Card received : 7/3/2017
  • 2-year Green Card received in mail: 7/15/17
 

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So, it seems like far and away the best option, from what you guys are telling me, is to get married as soon as possible, have her apply for a CR-1 (which we can do when we visit her family at Christmas) and go travelling with my spouse while it's being processed?

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Your best route is either fiancé or spouse visa. If you can work for your Canadian company from here then maybe fiancé might suit your needs faster but really not by much. And remember that whichever one of those you choose your fiancé or spouse is still gonna have to move back before you and restablish residency, get a job because they need to show they can financially support you either way. Getting any kind of non immigrant visa, getting married, and adjusting status is illegal so you can’t do that. Canadians can visit here very easily during the process. Start whichever application now and visit as often as you can in the meantime. 

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Here is something that is an interesting read.

 

https://www.hooyou.com/news/news052912o1.html

 

It sounds like you could do an O1, come and work, then file the CR1 which would not jeopardize your O1 status.  It might cost a bit, but it might be a way to come to the US work, legally (O1), and also legally immigrate via the CR1.

 

Good Luck!


Visa Received : 2014-04-04 (K1 - see timeline for details)

US Entry : 2014-09-12

POE: Detroit

Marriage : 2014-09-27

I-765 Approved: 2015-01-09

I-485 Interview: 2015-03-11

I-485 Approved: 2015-03-13

Green Card Received: 2015-03-24 Yeah!!!

I-751 ROC Submitted: 2016-12-20

I-751 NOA Received:  2016-12-29

I-751 Biometrics Appt.:  2017-01-26

I-751 Interview:  2018-04-10

I-751 Approved:  2018-05-04

N400 Filed:  2018-01-13

N400 Biometrics:  2018-02-22

N400 Interview:  2018-04-10

N400 Approved:  2018-04-10

Oath Ceremony:  2018-06-11 - DONE!!!!!!!

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I'm assuming your fiance is a dual citizen and living with you in Canada right now.

That being said, how long has he/she been living abroad?  He/She may have to also reestablish US domicile.

Edited by Going through
edited to make it non-gender specific

Applied for Naturalization based on 5-year Residency - 96 Days To Complete Citizenship!

July 14, 2017 (Day 00) -  Submitted N400 Application, filed online

July 21, 2017 (Day 07) -  NOA Receipt received in the mail

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44 minutes ago, insteadofapricots said:

Woah, interesting, it seems like I can lose the non-immigrant status part of the 0-1 but still stay in the country (I just lose the privilege of extending it) while the visa is being adjusted.

I wouldn't try to get overly creative.......one false move could result in a massive setback......I would just marry in Canada as soon as possible and file the CR-1.  You can still visit the US during the process......just my opinion....best of luck.

 

How can you guarantee that you can even get an O-1?

Edited by missileman

First career- 20 year Retired E-8, USAF Missileer,

Second career-Retired Registered Nurse, experience in Labor& Delivery, Home Health, Adolescent & Adult Psych

Third career-Retired IT Developer & Database Administrator for surgical services dept.

 

Immigration Journey:

  • Texas Service Center after transfer from Nebraska
  • Consulate :Taipei, Taiwan
  • Marriage: 7/30/2015
  • I-130 NOA1 : 4/27/2016
  • I-130 Approved :9/8/2016
  • Case received at NVC: 10/11/2016                               
  • Case # and IIN#: 10/24/2016
  • AOS Fee Invoiced:10/24/2016  
  • AOS Fee Paid:10/25/2016
  • IV Fee Invoiced:10/24/2016  
  • IV Fee Paid:10/25/2016
  • DS-260 Completed: 10/28/16
  • Scan Date:11/9/2016
  • Supervisor review: 12/21/16 
  • Checklist: 1/13/17 
  • Case Complete: 4/10/17
  • Interview Date: 5/8/17 
  • Visa  "ISSUED": 5/10/17
  • Visa and Passport in hand/Flight to USA Booked!!!: 5/12/17  
  • POE Dallas DFW on June 22, 2017
  • SS Card received : 7/3/2017
  • 2-year Green Card received in mail: 7/15/17
 

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