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

[Singh90 6]

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

[payxibka 10,044]

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 

[SalishSea 16,770]

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?

[aaron2020 11,651]

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.  

[USS_Voyager 1,971]

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. 

[designguy 1,179]

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

[payxibka 10,044]

1 minute ago, designguy said:

 

 

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

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 

[designguy 1,179]

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

[Boiler 43,430]

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

[Singh90 6]

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 October 28, 2019 by Singh90

[Lemonslice 4,553]

Would your fiancé be interested in moving to Canada?

[Singh90 6]

Just now, Lemonslice said:

Would your fiancé be interested in moving to Canada?

She is enrolled in a school.It's hard.

[USS_Voyager 1,971]

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.... 

[Singh90 6]

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. 

[SalishSea 16,770]

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.