f-1 Boyfriend in Canada

[carmel34 3,529]

Average total time from filing I-130 for CR1 spousal visa until interview at Montreal Consulate for the last year is 412 days.  It's a long time to be separated from your spouse for more than a year, but it's the only way if you want to live together in the US.  Spousal visas for Canada also take a year to process.  So either way there will be 13 or 14 months of living in different countries.  You can make it work with daily communication and lots of visits to see each other as often as you can.  Good luck with the process!

[geowrian 22,335]

16 hours ago, Blackhawks_Fan97 said:

I just find it weird that he would have to go back to Canada if we were married. I mean, I 100% understand... But I just feel more skeptical about the CR1 process. 

Why?

Marriage does not confer any immigration status. It can be a basis for applying for a visa or obtaining a status, but just being married doesn't change anything immigration-wise.

It would be considered fraud to enter on a tourist visa (or B-1/B-2 status without a tourist visa, as Canadians do) with intent to stay. Visitors are required to have non-immigrant intent upon entry.

This differs from Canada where the individual can enter with intent to visit and intent to stay so long as they intend to leave if the application is denied, aren't likely to become a public burden, etc. (https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/temporary-residents/visitors/dual-intent-applicants.html)

Edited November 12, 2018 by geowrian

[K & R 343]

19 hours ago, mushroomspore said:

Neither. Both have certain advantages and disadvantages.

 

K1 requires adjustment of status (green card papers) after he arrives with K1 and marries you in the US. Boyfriend can't work or leave the US until he receives work/travel permit (EAD/AP). From start to finish, it can take you guys up to 2-2.5 years to get his green card. The adjustment phase is taking forever these days.

 

CR1 means he is a permanent resident immediately after his arrival in the US. Green card is mailed out shortly after and he can use it work and travel. There is no adjustment, so it's cheaper overall. It takes about a year and some change, but CR1 requires you to first get married (anywhere you want) before filing any papers.

To add to this. If you are considering the k-1 visa do a little research on the current processing times for AOS at your local USCIS office. Our office (Jacksonville FL) has really fast AOS processing times right now. We had GC in hand a little more than 3 months after filing for AOS. However, other cities like Houston TX for example people are waiting a year+ for Gc interviews. So that is something to consider. I’m sure processing times will change over the next 9 months but I’d look into it before you decide. If you’re in a large city your processing time is likely to be long 

[mushroomspore 3,043]

7 minutes ago, K & R said:

To add to this. If you are considering the k-1 visa do a little research on the current processing times for AOS at your local USCIS office. Our office (Jacksonville FL) has really fast AOS processing times right now. We had GC in hand a little more than 3 months after filing for AOS. However, other cities like Houston TX for example people are waiting a year+ for Gc interviews. So that is something to consider. I’m sure processing times will change over the next 9 months but I’d look into it before you decide. If you’re in a large city your processing time is likely to be long 

Three months?!?! What sorcery is that?!

[K & R 343]

6 minutes ago, mushroomspore said:

Three months?!?! What sorcery is that?!

Right?!? Our IO at the interview was like “yeah we are processing super fast” still can’t believe it’s real lol

[mushroomspore 3,043]

7 minutes ago, K & R said:

Right?!? Our IO at the interview was like “yeah we are processing super fast” still can’t believe it’s real lol

That's awesome. But yes it is definitely the exception rather than the rule. As you noted, most offices take a year or so to adjudicate AoS. At this point, I generally advise against K1 because of this reason alone. But ultimately, it's up to the couple to decide which option is better for them.

[debbiedoo 2,339]

no matter how you look at it, the process will take about a year, maybe more.

 

there is no fast.

 

the guides that you have been directed to contain all the info you need

[Rusty72 68]

2 hours ago, mushroomspore said:

Three months?!?! What sorcery is that?!

Was fast when i did aos through jacksonville and was 72 days to do my naturalization through jacksonville.

[Mrsjackson 300]

No need to be skeptical of either visa. Both are completely legitimate you just need to decide what works best for you and yours. 

 

K1 (fiancé) 

pros: 

slightly faster (about 9 months from application received to approval or denial) 

cons: 

you have a bunch of paperwork to file after entry into the US costing you time and money. Also can’t work for at least 4 months until foreign spouse’s EAD (employment authorization document that is filed with the AOS paperwork) comes in the mail. 

 

CR1 (spouse visa) 

pros: 

foreign spouse can work right away upon entry into the US 

cheaper as there is no paperwork to file after entry with this visa 

cons: 

takes about 12-14 months vs the slightly faster K1 visa 

 

The K1 visa used to be great deal faster (we’re talking 3 - 4 months) but processing times have changed and now they’re taking a lot longer. I would say the majority of VJ users (including myself) would recommend the CR1 but it’s up to you. I went with the fiancé because I wanted to get to my husband faster. This made sense in our situation because we have a baby so I stay at home right now anyway and didn’t need to work. It would have been nice to save the money but we wanted to be together. Every situation is unique. 

[Blackhawks_Fan97 0]

On 11/12/2018 at 6:20 PM, Mrsjackson said:

No need to be skeptical of either visa. Both are completely legitimate you just need to decide what works best for you and yours. 

 

K1 (fiancé) 

pros: 

slightly faster (about 9 months from application received to approval or denial) 

cons: 

you have a bunch of paperwork to file after entry into the US costing you time and money. Also can’t work for at least 4 months until foreign spouse’s EAD (employment authorization document that is filed with the AOS paperwork) comes in the mail. 

 

CR1 (spouse visa) 

pros: 

foreign spouse can work right away upon entry into the US 

cheaper as there is no paperwork to file after entry with this visa 

cons: 

takes about 12-14 months vs the slightly faster K1 visa 

 

The K1 visa used to be great deal faster (we’re talking 3 - 4 months) but processing times have changed and now they’re taking a lot longer. I would say the majority of VJ users (including myself) would recommend the CR1 but it’s up to you. I went with the fiancé because I wanted to get to my husband faster. This made sense in our situation because we have a baby so I stay at home right now anyway and didn’t need to work. It would have been nice to save the money but we wanted to be together. Every situation is unique. 

I guess I'm just confused on the CR1. For the longest time I had only heard about the K1 (Fiance) so now it's me having to go back and rethink everything. I would prefer cheaper because I am still in school and we want to wait until I'm out of school for him to move here so 12-14 months works perfectly with our time frame. I just need more information about CR1. 

[NikLR 13,220]

On 11/26/2018 at 4:08 PM, Blackhawks_Fan97 said:

I guess I'm just confused on the CR1. For the longest time I had only heard about the K1 (Fiance) so now it's me having to go back and rethink everything. I would prefer cheaper because I am still in school and we want to wait until I'm out of school for him to move here so 12-14 months works perfectly with our time frame. I just need more information about CR1. 

Like what? 

[Blackhawks_Fan97 0]

On 12/2/2018 at 3:51 PM, NikLR said:

Like what? 

We have done a lot of research for all of this and we have decided to go through with the CR1. What paperwork would he need to bring with him to get married here? Once he is here for the wedding, do we just proceed like a normal wedding? Marriage license, then courthouse? Then he goes home and I file the CR1? Once I send it in, it is approximately 12-14 months until he is able to move to the U.S. with his visa? 

[DaveAndAnastasia 2,078]

2 hours ago, Blackhawks_Fan97 said:

We have done a lot of research for all of this and we have decided to go through with the CR1. What paperwork would he need to bring with him to get married here? Once he is here for the wedding, do we just proceed like a normal wedding? Marriage license, then courthouse? 

Yeah. Check with where you want to marry for what you need. In California (I have links saved for this for obvious reasons) you'd both need legal government-issued photo IDs (his Canadian passport would work for that) and divorce documents if either of you have been married previously, and you need to apply for the marriage license together in-person.

[NikLR 13,220]

On 1/9/2019 at 6:40 PM, Blackhawks_Fan97 said:

We have done a lot of research for all of this and we have decided to go through with the CR1. What paperwork would he need to bring with him to get married here? Once he is here for the wedding, do we just proceed like a normal wedding? Marriage license, then courthouse? Then he goes home and I file the CR1? Once I send it in, it is approximately 12-14 months until he is able to move to the U.S. with his visa? 

I'd get married in a place where its faster to get the marriage certificate than California.  Unless you're planning a big wedding? Colorado, Vegas etc... heck in Colorado you can marry yourselves, you dont even need an officiant.