K1 vs. 01 and adjusting status?

[insteadofapricots 1]

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?

[NikLR 13,220]

~~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?

[Crazy Cat 39,183]

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 October 17, 2018 by missileman

[insteadofapricots 1]

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.

[Crazy Cat 39,183]

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.....

 

[insteadofapricots 1]

Okay! Now, here's a question. Let's say I've applied for a CR-1, and I'm waiting. Can I also get a work visa with a US company during that time, so I can spend time in the US in the intervening months? This is entirely possible for me.

[EmilyW 1,222]

What work visa are you talking about that can be accomplished within 12 months?

[insteadofapricots 1]

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

[Crazy Cat 39,183]

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.

 

[insteadofapricots 1]

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?

[TNJ17 1,329]

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. 

[Dashinka 23,199]

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!

[Going through 5,668]

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 October 17, 2018 by Going through
edited to make it non-gender specific

[insteadofapricots 1]

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.

[Crazy Cat 39,183]

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 October 17, 2018 by missileman