US Citizen + UK Partner in Canada -> US, Questions

[aaron2020 11,651]

1 minute ago, LeoMyFriend said:

I understand, thank you. By 'a lot', any more than 1 option would get my head spinning.

 

I understand that we'll be separated until the spousal visa gets approved. We're prepared for that. I guess the next step is to work out which option would be best for us. K-1 would let us be together while we wait for the EAD, but we would need months to get the K-1 visa first, and THEN we would marry in the states. CR-1 would allow him to work as soon as he enters the states, but we have to wait about a year until that even gets approved. I think I've got what I need, unless my information there is wrong.

 

Thank you all so much for your help!

The K-1 is not that much quicker than the CR-1.  The CR-1 takes only a few months longer.  

[carmel34 3,531]

3 hours ago, LeoMyFriend said:

I am a US citizen living in Canada on a work permit. My partner is a UK citizen, also living in Canada, also on a work permit. Our work permits are expiring soon, and our Permanent Residency application was rejected, and our work permits can't be extended.

Based on your original post, it sounds like you will have to return to the US when your work permit expires, and your partner will have to return to the UK for the same reason.  Then (or now) file for a K-1 visa and wait out the process (about 10-12 months) in your separate countries, with the possibility of short visits to see each other either in the US or UK while waiting.  Or get married somewhere and file for a CR-1 visa and wait out the process the same way (about 14 months), both options mean you will be living in the US and UK apart  from each other for a year or more.  Most recommend CR-1 after marriage since your partner will be able to work, get a driver's license, travel outside the US, etc. immediately as an LPR after entry with the CR-1 visa.  The time apart sucks but that's the only way to do this legally.  Good luck!

[alun 73]

Research if  Direct Consular Filling is available in London ,   and you can  try that route .

[geowrian 22,335]

20 hours ago, LeoMyFriend said:

If we wanted to move to the US, I understand we would need to follow the DFC, which would be to contact the Consulate in Vancouver and go from there.

As noted, DCF is not available for Canada.

K-1 and immigrant visas in Canada will be processed by the Montreal consulate. Vancouver does not handle those cases.

 

2 hours ago, alun said:

Research if  Direct Consular Filling is available in London ,   and you can  try that route .

It is.

They would need to be living in the UK first. Without knowing the timeline, it may be faster to just file now.

[Boiler 43,436]

My impression is that the K1 and the long holiday may not be ideal.

[DaveAndAnastasia 2,079]

On 3/22/2019 at 4:57 PM, aaron2020 said:

The K-1 is not that much quicker than the CR-1.  The CR-1 takes only a few months longer.  

It's not that much quicker if you could reasonably start both at about the same time (though K-1 processing times are trending down and CR-1 processing times are trending up). However, you have to be married to start a CR-1. In some situations, marrying quickly isn't difficult (mostly if a weekend meeting with your fiancee somewhere you can marry quickly is practical for you). But if legal or logistical reasons means it's going to take a while to marry even via the fastest reasonable path, then a K-1 starts looking a lot more reasonable even with the downsides.

[aaron2020 11,651]

5 minutes ago, DaveAndAnastasia said:

It's not that much quicker if you could reasonably start both at about the same time (though K-1 processing times are trending down and CR-1 processing times are trending up). However, you have to be married to start a CR-1. In some situations, marrying quickly isn't difficult (mostly if a weekend meeting with your fiancee somewhere you can marry quickly is practical for you). But if legal or logistical reasons means it's going to take a while to marry even via the fastest reasonable path, then a K-1 starts looking a lot more reasonable even with the downsides.

Right now, they are in Canada together.  

 

They could marry today and file the I-130 tomorrow to start the CR-1 process.  

 

IMHO, the K-1 would not be more reasonable with the downsides.  Each couple makes the choice for themselves.  There are pros and cons to both paths.  Depends on which poison to choose.