K1 vs. 01 and adjusting status?

[Dashinka 23,282]

Yes, personally I would just do the CR1 route, visit each other during the process, continue working in Canada and then once the visa is issued, you can work immediately in the US.  As to the K1, or CR1, it doesn't matter if you can support yourself, but she will need to file the I864 and based on your OP she will need a co-sponsor.  Are her parents willing to do this?

 

Good Luck!

[SunflowerSweet 1,321]

There are a lot of good threads and resources here on K-1 vs CR-1. I personally found the K-1 process to fit our situation perfectly and I wouldn’t go back and do it any other way. A lot of people here are pretty passionate either way, so you sometimes have to make sure you separate opinion from fact.

 

I wouldn’t close the door on the O-1 quite yet. It’s something that is rarely come across on this site so you may not find the best or most accurate information on it here. It is of course a visa that not everyone can get, but if you believe you may qualify I would say it’s worth the extra research.

[Jeanne Adil 1,651]

9 hours ago, Bill & Katya said:

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!

but she says she has immigrant intent  and that is clearly stated as not good (from the site you posted)

[Boiler 43,563]

O1 all the way, much much quicker.

[JFH 12,189]

13 hours ago, insteadofapricots said:

and since I can work abroad for a Canadian company while I'm in the states, the non-working thing isn't as onerous.

Not without an EAD you can't.

[geowrian 22,336]

15 hours ago, NikLR said:

Is the o-1 a dual intent visa?

Yup, it is. So the O-1 to AOS based on mariage is permitted.

[randomstairs 270]

The O-1 is hard to get even with great credentials. The case preparation is the time-consuming step and difficult to do by yourself, without an attorney. However, the processing time seems significantly shorter than for CR-1.

 

The O-1 is NOT a dual intent visa! Although there is no real requirement to maintain ties with the home country and you can apply for it even after you have shown an intent to immigrate, it is still technically a single intent visa - a relaxed one at that. To my understanding the logic for the relaxed rules is that you have an extraordinary ability and circumstances in which this ability can be applied may change (unlike with visas sponsored by a specific employer). So if you file for GC in the field related to your O-1, there should be no issues whatsoever.   

 

But in your case, you'll be filing I-130, which is unrelated to the extraordinary abilities stated in the O-1 application. This can potentially raise the question of your original intent. In other words, applying for the O-1 visa with a clear intention to adjust status later via I-130 may not be legal. 

 

I'm not an attorney and you should consult one for your specific case.  

[Hypnos 6,576]

O-1 is generally considered quasi dual intent as it has no requirement of needing to establish that you have and will maintain a residence outside the US.