K-1 Visa questions

[Joan58 47]

@dledinghamWe chose the K1 because I wanted more time to get to know each prior to marriage. If you are ready to get married, I would do the CR1. I'm here until my AP is approved. Not able to leave to visit grandchildren and family. 😭

[ledingham 68]

2 minutes ago, geowrian said:

CR-1 would likely be a couple to few months longer for the visa to be issued.

Unless you have a very, very quick local field office for AOS, a CR-1 would be faster to a green card and eligibility to work & travel abroad. Minneapolis appears to be on the longer side of things.

 

As for which is better, that's a very personal decision. Quicker is much different than better. The CR-1 is superior in virtually every way except that it takes a little longer. For some people, the extra time apart is worth it for the benefit. For others, being together ASAP trumps everything else. Just do some research on the drawbacks of a K-1 (inability to work, inability to travel abroad, and potentially unable to even drive for the first several months of entry). Those months prior to AP + EAD being issued are really tough both financially and emotionally, especially on a newly married couple.

 

Note: I'm dropping IR-1 in the references above as that's the same as CR-1 but for married couples of at least 2 years. The process is the same, except IR-1 avoids ROC later (which is something you'll almost certainly go through later with either the K-1 or CR-1 process).

Is there any specific lenght of time that you need to be married BEFORE pursuing the CR-1 or IR-1? Is it 2 years?

[payxibka 10,044]

6 minutes ago, dledingham said:

I am going to take a lot of time to read here as well! This site has a lot of valuable information and I was unaware that it existed until today when I made this exact post on Reddit and someone mentioned I should post here too. I just wanted to perhaps talk to someone in person. I was unaware that MN was so busy. I wasn't counting on just walking in either I was planning on making an appointment if I could.

I'm in Minnesota and painfully aware 

[ledingham 68]

3 minutes ago, Joan58 said:

@dledinghamWe chose the K1 because I wanted more time to get to know each prior to marriage. If you are ready to get married, I would do the CR1. I'm here until my AP is approved. Not able to leave to visit grandchildren and family. 😭

We are not married no. We didn't wanna get married then have to live apart.

[ledingham 68]

1 minute ago, payxibka said:

I'm in Minnesota and painfully aware 

That's really unfortunate. I would've thought that the southern states would've been busier, where living (can be) cheaper and the weather is nicer.

[Just Paul 4,591]

5 minutes ago, dledingham said:

Is there any specific lenght of time that you need to be married BEFORE pursuing the CR-1 or IR-1? Is it 2 years?

You can file the minute you have a marriage certificate.

[payxibka 10,044]

12 minutes ago, dledingham said:

That's really unfortunate. I would've thought that the southern states would've been busier, where living (can be) cheaper and the weather is nicer.

Minneapolis is responsible for 3 states and part of a fourth.  

[DaveAndAnastasia 2,078]

1 hour ago, geowrian said:

There are tens of thousands of CR-1 and IR-1 visas issued annually. K-1 is actually less common.

In fact, almost 110,000 CR1/IR-1 visas were issued in FY2018 (~70,000 IR-1 and ~40,000 CR-1), and almost 25,000 K-1s.

 

So way, way more spousal visas were issued than fiance(e) visas... and that's not even factoring in AOS by marriage from other visa types.

[fip & jim 452]

My advice is that you look at the pros and cons for the K1 and CR1/IR1. Our local office is Detroit and our AOS was processed very quickly. No matter, I would still never, ever put myself or my family through that stage again. It was hell for me and nearly drove me insane being stuck at home alone all day for months and months.

 

It's not only how you feel now (not wanting to live apart after getting married, which I totally get) but the limitations of each visa category that need weighing up. Decisions have a knock on effect with other areas - e.g. do you know what the requirements are for getting a driver's licence in the state you'll be living in? What are the requirements for you to get health insurance in the US? It's bad enough not being able to work or travel during the AOS stage of K1 but unless you can get a drivers licence you will literally be trapped at home unless you'll be living in area that has good public transportation or you're within walking distance of anything. What if your local Social Security office refuses to issue you a SSN (it frequently happens) because they don't know that K1s are entitled to one? What if an emergency happens back home and you can't travel back? These are just some of the things that need to be thought through before you commit to a course of action you may regret later. 

 

Here's the link for a comparison: https://www.visajourney.com/content/compare/   The fees aren't correct though as they have been raised since that guide was written. As of early 2019, the filing fees for the K-1 process were $535 for Form I-129F (filed with USCIS), $265 to apply for the K visa (paid to the consulate), and $1,225 for Form I-485 and the adjustment of status packet (filed with USCIS), including the biometrics fee. That brings the total fee to $2,025. That's just for the filing and visa fees. There are also medical fees, travel costs, shipping costs, etc., etc. I can't emphasise to you enough that material cost is not the only component that needs weighing up. Many relationships fail because of the strain of living through the AOS stage is too much for some. One option is that you get married on your next visit and get the ball rolling. In that case you'd already be months ahead of your plan to delay filing until next year. Keep reading and researching.

 

 

[SalishSea 16,764]

1 hour ago, dledingham said:

My significant other and I have tried many times to talk to someone that works in immigration for answers but over email they've not been helpful. I am visiting him in Minneapolis in October and I am considering seeing if i can make an appointment with an immigration office to see if we can ask them more question there in person.

I doubt this will happen.  The field offices can barely accommodate assistance to those who actually have pending cases filed, let alone help those who want to inquire in general about the processes.  Your best bet is to read and research as much as possible here at VJ.  Many of us who have successfully been through immigration have spent hundreds or thousands of hours just reading.

 

In terms of your questions about which option is "faster"......NOTHING is fast when it comes to US immigration.  Periods of separation are inevitable, and it is all expensive.  You'll need patience.  And: one of the delimiting factors for the timing any type of US immigrant visa for Canadians, is the wait times at the Montreal consulate for an interview.  

[SalishSea 16,764]

53 minutes ago, dledingham said:

We are not married no. We didn't wanna get married then have to live apart.

Living apart cannot be avoided, unless  your USC partner can live in Canada with you while the petition and visa application are processing.

[purem4g1c 113]

4 hours ago, dledingham said:

Hello! My fiance (USA) and I (CANADIAN) have been together for about 3 years now and are planning on having me come to the USA on the K-1 Visa.

If any of you wouldn’t mind sharing your personal experience with the K-1 Visa I would be very grateful. I also have many many questions about this visa and how it works so if anyone is able to help me by answering some of my questions I would be very grateful for that as well. Experience from anyone, not just Canadians, are welcome! I’ll list some of the questions that I have below although I feel as if I will always have more and more questions.

 

1. ON the USCIS website there is no mention of having to fill out forms 1-134 or I-864 but they are both mentioned on the travel.state.gov website but they don't guarantee that they will be requested. I am wondering what the circumstances are that those forms would be requested. Also, Is the income level based on only the sponsor or their entire household?

 

2. As per the medical examination that is required for the K-1 Visa, I was wondering if anyone knew the average cost of the exam and the average time until the results are ready to be picked up. My reasoning is that I will have to travel to Montreal for the examination AND the interview so I would like to be properly prepared for the trip. hopefully only one trip can be made as it is very expensive to fly to Montreal. 

 

3. I have heard that once you enter the USA on the K-1 visa and get merried that you cannot leave the USA for 6 months although it says nothing about this rule on travel.state.gov or the USCIS website. Does anyone know where it states that this is true?

 

4. Just to be clear, once we file form I-485, Application to Register Permanent Residence or Adjust Status and get my green card, how long do I have to have my green card before I can technically become a citizen? How does one go about that when the time comes?

 

5. Is it worth is to file I-765, Application for Employment Authorization? I can work after I file I-485 so will it take longer for I-765 or I-485 to be reviewed and accepted?

1. I-134 for the K1 visa

2. I paid about $300 USD at Medisys in Montreal for the medical exam.

3. You cannot leave until you either get your Advance Parole approved or get your conditional green card, whichever comes first.

4. 3 Years

5. Yes it's worth it and free and takes an extra 5 minutes tops to fill out so it's worth it.

[caliliving 606]

Honestly, as a canadian i would 100% do the marriage visa.

 

Why? because you can essential visit each other without hassels while keeping your job in canada and working.  It takes about the same amount of time to get the visa.

 

You can also plan a wedding on the marriage visa because you will apply for the visa after.  And then, once you get in the country you can work.

 

If you do the k1 visa, you dont know when it will be approved so you cant plan a wedding. then once you enter you CAN NOT work.  you have 90 days to get married THEN you apply for the greencard.  I know soo many people who dont apply for the greencard right away.  Things come up, ect so then you can actually be out of status.  The wait after that is almost a year.  Even if you apply for the EAD right after you get married, you are still looking at >6 months before you can even work.  

 

Think about this. you can even get married tomorrow and then apply for the marriage visa which will be about a year when you will receive it while still working in canada and being able to visit.  Or, you can wait a bit and plan a wedding but either way, for the majority of canadians, the CR1/IRI marriage visa is the way to go. 

 

[Ash.1101 1,755]

I will say personally, I used all government sites as little as possible for K-1 through ROC. The only time I go to them is to pull up forms and the new poverty guidelines, but I have found this site way more helpful.  USCIS and travel.gov sites tell you some of the information, but expect you to figure out the rest. Most of the time the pages don't even link to each other so it can become confusing just trying to get around the website.

Not to trash on USCIS but while they are immigration, I can't guarantee anyone would actually help you through the process. Their job isn't really to help people through the process, more to vet those already in the process. The chances of you finding someone who would sit down with you, walk you through the steps, and give you the correct information is incredibly low.

Edited August 13, 2019 by Ash.

[aaron2020 11,651]

16 hours ago, dledingham said:

My significant other and I have tried many times to talk to someone that works in immigration for answers but over email they've not been helpful. I am visiting him in Minneapolis in October and I am considering seeing if i can make an appointment with an immigration office to see if we can ask them more question there in person.

They're not very helpful because it's their jobs to process the petitions, not to advise people on which immigration path to take.  They are not allowed to give out legal advice.  

Making an appointment with an immigration office to seek help is a waste of time since you would be asking them for legal help to navigate the immigration system which they are forbidden from giving you. 

For legal help to navigate the immigration system, you need to hire a lawyer.  Or Do-It-Yourself without a lawyer.  

Edited August 13, 2019 by aaron2020