Jump to content
Singh90

Ki Visa approved but want to come back to Canada for the time the work authorization isn't approved. Is it an option ?

33 posts in this topic

Recommended Posts

Hi, I just got my K1 visa approved from Montreal Consulate. And k1 is a single entry visa. In my understanding, work Authorization is only provided for the time  K1visa is valid till. 

 

I am an aerospace engineer in Canada and as soon as I enter United States I wont be able to work. 

 

 

Any experts out there, who are able to throw some light on it ?

Is there a way I can go to US register my wedding, file settlement of status and work authorization and come back to Canada continue my job ?

Note: i am a permanent resident in Canada. Not a citizen

Share this post


Link to post
Share on other sites
1 minute ago, Singh90 said:

Hi, I just got my K1 visa approved from Montreal Consulate. And k1 is a single entry visa. In my understanding, work Authorization is only provided for the time  K1visa is valid till. 

 

I am an aerospace engineer in Canada and as soon as I enter United States I wont be able to work. 

 

 

Any experts out there, who are able to throw some light on it ?

Is there a way I can go to US register my wedding, file settlement of status and work authorization and come back to Canada continue my job ?

Note: i am a permanent resident in Canada. Not a citizen

Not without significant bench time.   You need to wait until advance parole is approved which is 6 to 7 months 


YMMV

Share this post


Link to post
Share on other sites
7 minutes ago, Singh90 said:

Hi, I just got my K1 visa approved from Montreal Consulate. And k1 is a single entry visa. In my understanding, work Authorization is only provided for the time  K1visa is valid till. 

 

I am an aerospace engineer in Canada and as soon as I enter United States I wont be able to work. 

 

 

Any experts out there, who are able to throw some light on it ?

Is there a way I can go to US register my wedding, file settlement of status and work authorization and come back to Canada continue my job ?

Note: i am a permanent resident in Canada. Not a citizen

Didn’t you recently post about the same thing?

Share this post


Link to post
Share on other sites
5 minutes ago, Singh90 said:

Hi, I just got my K1 visa approved from Montreal Consulate. And k1 is a single entry visa. In my understanding, work Authorization is only provided for the time  K1visa is valid till. 

 

I am an aerospace engineer in Canada and as soon as I enter United States I wont be able to work. 

 

 

Any experts out there, who are able to throw some light on it ?

Is there a way I can go to US register my wedding, file settlement of status and work authorization and come back to Canada continue my job ?

Note: i am a permanent resident in Canada. Not a citizen

Nope, there is no way for you to come on the K-1, file for AOS, and return to Canada immediately.  Once you file for AOS, you would need AP to leave the US and be able to return to the US.  It takes 6 months for AP.  There is absolutely no way for you to work around AP and go back to Canada to continue your job without abandoning the entire process.

 

If working is important to you, then you should have gotten a CR-1 spousal visa.  

Share this post


Link to post
Share on other sites
8 minutes ago, Singh90 said:

Is there a way I can go to US register my wedding, file settlement of status and work authorization and come back to Canada continue my job ?

No. You can have a wedding in the US no problem. You just can't file for Adjustment of status and work authorization while you're outside of the US. Looks like you did the wrong visa catagory. You should have gotten married, file for CR1 and then enter the US. 

Share this post


Link to post
Share on other sites

Its important to understand the pros and cons of the visa options available to you prior to beginning the process. Currently the wait times for AP/EAD are 6+ months which means you won't be able to do any work, remote work included, until you receive your work authorization or green card. If its a must for you to continue working, you should consider withdrawing the K1 and getting married and pursing the CR1 from Canada.

 

19 minutes ago, Singh90 said:

work Authorization is only provided for the time  K1visa is valid till

To be clear. This statement is false. There is no work authorization granted by the K1 at all

Share this post


Link to post
Share on other sites
1 minute ago, payxibka said:

To be clear,  there IS a work eligibility category for a  K1 (a6) on the i765, but it is only valid for the period on the i94.  Since it is taking longer to approve the i765 than the duration of the i94, it is typically not exercised 

Sorry should have been more clear. I mean't the K1 by itself. Thanks for clarifying :)

Share this post


Link to post
Share on other sites

K1 would seem an odd choice taking into account your requirements.


“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

Share this post


Link to post
Share on other sites

Thanks for the input guys. The reason i was thinking about keeping my job was that my K1 was delayed by 4 months. I was even refused once and meanwhile I got a nice job opportunity that I decided to take as I was in Administrative processing for my k1 over two months. And now I am working for about  3 months, and  US consulate asked for my passport and approved the application today.

I appreciate you guys sharing  your knowledge in this matter. Considering the amount of wait I had to do and how things changed for me during this time, I think i will compromise with my profession. Instead of going down another year in waiting. 

Edited by Singh90

Share this post


Link to post
Share on other sites
5 minutes ago, Singh90 said:

I think i will compromise with my profession. Instead of going down another year in waiting. 

You have up until the expiration of the K1 to enter. Usually that's 6 months from the medical. So You may have a few months left to wrap things up both professionally and personally. 

 

Then, it's going to be a long wait until you get work authorization and travel documents. During all that time you will be stuck in the US. Just something to prepare for. Some suggestions that I offered in the past: fix your house, maybe that bathroom need remodeled, or repaint the living room and bed room... Not the handyman type: maybe take some courses, improve yourself. Travel the US with your significant other. After all, this is why you came right, to be with your significant other.... 

Share this post


Link to post
Share on other sites
28 minutes ago, USS_Voyager said:

After all, this is why you came right, to be with your significant other.... 

It's all about that. Thanks for all the information. i will see if I can do some volunteering work for my current employer. So that this 8 months or whatever time's gap don't create any alarms for my future employer. 

Share this post


Link to post
Share on other sites
Just now, Singh90 said:

It's all about that. Thanks for all the information. i will see if I can do some volunteering work for my current employer. So that this 8 months or whatever time's gap don't create any alarms for my future employer. 

Volunteering for what would normally be paid work while unauthorized is shaky ground.  I would not do that.

Share this post


Link to post
Share on other sites
 
Didn't find the answer you were looking for? Ask our VJ Immigration Lawyers.

Create an account or sign in to comment

You need to be a member in order to leave a comment

Create an account

Sign up for a new account in our community. It's easy!

Register a new account

Sign in

Already have an account? Sign in here.

Sign In Now
- Back to Top -


Important Disclaimer: Please read carefully the Visajourney.com Terms of Service. If you do not agree to the Terms of Service you should not access or view any page (including this page) on VisaJourney.com. Answers and comments provided on Visajourney.com Forums are general information, and are not intended to substitute for informed professional medical, psychiatric, psychological, tax, legal, investment, accounting, or other professional advice. Visajourney.com does not endorse, and expressly disclaims liability for any product, manufacturer, distributor, service or service provider mentioned or any opinion expressed in answers or comments. VisaJourney.com does not condone immigration fraud in any way, shape or manner. VisaJourney.com recommends that if any member or user knows directly of someone involved in fraudulent or illegal activity, that they report such activity directly to the Department of Homeland Security, Immigration and Customs Enforcement. You can contact ICE via email at Immigration.Reply@dhs.gov or you can telephone ICE at 1-866-347-2423. All reported threads/posts containing reference to immigration fraud or illegal activities will be removed from this board. If you feel that you have found inappropriate content, please let us know by contacting us here with a url link to that content. Thank you.
×
×
  • Create New...