US Born Sponsor & Canadian Citizen Beneficiary

[SalishSea 16,791]

14 hours ago, NAIndians2020 said:

It's not pre-covid anymore is it? so 24 months sounds appropriate, no?

It's not pre-covid.  It's peri-covid or intra-covid.

[SalishSea 16,791]

10 hours ago, geowrian said:

Well, expedites are always possible.   Or just very, very lucky people.

That said, back when I filed the I-129F for my now wife the average I-129F processing time was about 30 days. Then add in a month or so for USCIS->NVC->consulate handling. Then another month or so to get an interview.

There were a bunch of people who got the visa in under 4 months w/o expedites or anything.

 

Of course, that didn't last very long...literally the month I filed, the backlog grew to around 4 months for I-129F processing. Those who filed a month or 2 after me were taking closer to 7 months for the I-129F.

 

Anyway...point of the story for the OP is that timelines change in either direction al the time. Planning timelines with immigration is often not a wise use of time (although you extend the timeline fairly easily if needed).

With a K-1, planning a timeline is even more difficult.

 

It's manageable. I wouldn't quite go as far to say that it's not a hardship. My wife and I were both pretty well prepared for it, but it was still a difficult time. Knowing you'll be home unable to do mostly anything else for at least several months is nothing like actually being home for several months.

I think I filed shortly after you Geo, and by then (early 2018), petition approval time was more like 6 months.  We were lucky though that once it was at NVC, it was just two more months until he was here with his visa.  So,  only about 8 months for us, with an additional 14 months after that for GC interview.  

[geowrian 22,335]

14 minutes ago, Jorgedig said:

I think I filed shortly after you Geo, and by then (early 2018), petition approval time was more like 6 months.  We were lucky though that once it was at NVC, it was just two more months until he was here with his visa.  So,  only about 8 months for us, with an additional 14 months after that for GC interview.  

I filed late 2016, so it was a little over a year apart. By then the time started to just slightly start coming back down (it got up to around 10 months or so IIRC...making the K-1 vs CR-1 decision just a few months apart end to end).

[NikLR 13,220]

19 hours ago, NAIndians2020 said:

I've done months of research. Both K-1 & CR-1 have their benefits. Not that worried about money. Everyone's worried about my fiancee sitting around and going crazy with idle time waiting for work authorization and green card etc, but like I said we want to start a family. She'd just be going on maternity leave anyway so they point start that by the time she comes.

 

Either way, I searched many forums in the past and other sites about both options. I decided to make an account because we are concerned about timing and want a little bit of closure on timing which I think we can safely say will be a year +/- a month or if we're lucky two.

Is she understanding she wont be able to drive herself anywhere until EAD? Staying home is fine for some people but others not so much.  Have you not noticed how bat guano insane lots of the USA went with quarantine? 

 

Right now it's hard to give you a timeline since the consulate is closed. After opening they likely will be backed up and those with cancelled appointments getting booked first.  Montreal traditionally has given IR1/CR1 visas the priority and K1 book their own dates when dates are available. However in the last year IR1/CR1 has taken a long time to book. If you have decided on a path then go for it, we just cant help you with timelines. 

[Henry357 70]

23 minutes ago, NikLR said:

Is she understanding she wont be able to drive herself anywhere until EAD? Staying home is fine for some people but others not so much.  Have you not noticed how bat guano insane lots of the USA went with quarantine? 

 

Right now it's hard to give you a timeline since the consulate is closed. After opening they likely will be backed up and those with cancelled appointments getting booked first.  Montreal traditionally has given IR1/CR1 visas the priority and K1 book their own dates when dates are available. However in the last year IR1/CR1 has taken a long time to book. If you have decided on a path then go for it, we just cant help you with timelines. 

She can use her Canadian licence. State Farm even allowed me to add it to my wife’s US insurance. 
 

Out of Country (not state) can drive for up to a year per the 1943 Inter-American Convention on the Regulation of Inter-American Automotive Traffic. 

[NikLR 13,220]

12 minutes ago, Henry357 said:

She can use her Canadian licence. State Farm even allowed me to add it to my wife’s US insurance. 
 

Out of Country (not state) can drive for up to a year per the 1943 Inter-American Convention on the Regulation of Inter-American Automotive Traffic. 

Depends on your state and residency.  Some states require Canadians to start over and others let us transfer. For example in Colorado once you are a resident you have 30 days to change your license but I was allowed to transfer my license. However I needed my green card (ead also works). If she wasnt becoming a resident of the USA it would be different. She could drive on her Canadian license as a visitor but she wont be visiting. 

Edit

I was added to my husband's insurance right after marriage and didnt move for over a year later.  That isnt an issue.  You said wife tho?? You mean fiancée?? 

Edited July 8, 2020 by NikLR
Clarity

[geowrian 22,335]

13 minutes ago, Henry357 said:

She can use her Canadian licence. State Farm even allowed me to add it to my wife’s US insurance. 
 

Out of Country (not state) can drive for up to a year per the 1943 Inter-American Convention on the Regulation of Inter-American Automotive Traffic. 

Out of country visitors*

Once you cross the border on a K-1, you are no longer just a visitor. State residency rules apply for how long an out of state DL can be used. Often this is 30 or 60 days.

Edited July 8, 2020 by geowrian

[Henry357 70]

26 minutes ago, geowrian said:

Out of country visitors*

Once you cross the border on a K-1, you are no longer just a visitor. State residency rules apply for how long an out of state DL can be used. Often this is 30 or 60 days.

Says who?  K1 is a non immigrate visa, should be easy to fight in court.  If you are a resident you would qualify for a DL after all.   No DA will waste there time arguing with a jury the nuances of immigration and treaty law for a $100-200 ticket where it’s clearly a grey area. They don’t even like arguing over sign postings and will drop cases. 
 

I got pulled over the day after I got my green card and I had lived in both the US/Canada for 4 years. The officer commented that I had owned the Texas plated car for 2 years and still had a Canadian DL. I just showed him my greencard stamp and told him my residency started yesterday and he let me go.  I also got pulled over 3 other times with a Canadian DL- no issues, just told the truth.

Edited July 8, 2020 by Henry357

[Henry357 70]

27 minutes ago, NikLR said:

Depends on your state and residency.  Some states require Canadians to start over and others let us transfer. For example in Colorado once you are a resident you have 30 days to change your license but I was allowed to transfer my license. However I needed my green card (ead also works). If she wasnt becoming a resident of the USA it would be different. She could drive on her Canadian license as a visitor but she wont be visiting. 

Edit

I was added to my husband's insurance right after marriage and didnt move for over a year later.  That isnt an issue.  You said wife tho?? You mean fiancée?? 

It’s a federal treaty so it doesn’t mater the state.  You do need to argue that you are not a true resident of the US yet.   With that said, I will agree that Texas does have a lot of international business travellers so law enforcement is more likely to be aware of the nuances of these law. 

 

Insurance is the main factor.   I don’t really care about a small traffic infraction that can be easily disputed, but I do want to be covered in an accident that could be millions of dollars. Do you ever speed? Bigger risk when you speed imo. 
 

i call her my wife because we have been married 5 years at this point.

[geowrian 22,335]

12 minutes ago, Henry357 said:

Says who?  K1 is a non immigrate visa, should be easy to fight in court.  If you are a resident you would qualify for a DL after all.   No DA will waste there time arguing with a jury the nuances of immigration and treaty law for a $100-200 ticket where it’s clearly a grey area. They don’t even like arguing over sign postings and will drop cases.

DA? Jury?

All it takes is an officer to issue a ticket. It would be a citation and judge, if challenged. The judge may or may not throw it out...they do so for all sorts of reasons as you noted. Although it's not a situation I would want to be in as somebody applying for AOS.

 

Lots of visas are non-immigrant. That doesn't mean you aren't a resident either. You're conflating resident with permanent resident.

 

"If you are a resident you would qualify for a DL after all."

Tell that to somebody who has overstayed a visa (or EWI). They are considered to be residents of that state, despite a valid immigration status. They can divorce and such just fine, which requires residency.

At the same time, the state may or may not permit issuing a DL to them.

Edited July 8, 2020 by geowrian

[Henry357 70]

4 minutes ago, geowrian said:

DA? Jury?

All it takes is an officer to issue a ticket. It would be a citation and judge, if challenged. The judge may or may not throw it out...they do so for all sorts of reasons as you noted. Although it's not a situation I would want to be in as somebody applying for AOS.

 

Lots of visas are non-immigrant. That doesn't mean you aren't a resident either. You're conflating resident with permanent resident.

 

"If you are a resident you would qualify for a DL after all."

Tell that to somebody who has overstayed a visa (or EWI). They are considered to be residents of that state, despite a valid immigration status. They can divorce and such just fine, which requires residency.

At the same time, the state may or may not permit issuing a DL to them.

You can request a jury trial for any traffic ticket. It’s a common tactic used to get the DA to drop the case as it’s way too much work given the small fine. Also, comparing the situation to an illegal immigrate who has lived here for years, not left the country for years and doesn’t  explicitly have“ non-immigrant” status is an erroneous argument.  I’m sure the treaty has a clause that you need to be properly admitted. 
 

At the end of the day you at taking less of a risk driving on your Canadian DL than speeding.  It’s much easier to talk your way out of this ticket than a speeding ticket. 
 

 

[NikLR 13,220]

46 minutes ago, Henry357 said:

It’s a federal treaty so it doesn’t mater the state.  You do need to argue that you are not a true resident of the US yet.   With that said, I will agree that Texas does have a lot of international business travellers so law enforcement is more likely to be aware of the nuances of these law. 

 

Insurance is the main factor.   I don’t really care about a small traffic infraction that can be easily disputed, but I do want to be covered in an accident that could be millions of dollars. Do you ever speed? Bigger risk when you speed imo. 
 

i call her my wife because we have been married 5 years at this point.

Youre not the OP... just noticed. Im done taking this off topic. 

[NikLR 13,220]

A k1 is no longer a resident of Canada after entry. Fyi. 

[Henry357 70]

34 minutes ago, NikLR said:

A k1 is no longer a resident of Canada after entry. Fyi. 

Source? Only Canada can determine if your a resident of Canada.  It’s definitely not entering the US that triggers abandonment of residency; it’s time and/domicile.  I know lots of people that are on O, L, H, commuter GCs that are still residents of Canada after 5 plus years on these visas because that is where they are domiciled. You could probably enter the US on a K1, adjust to commuter green card and never become US resident as long as you maintained ties to Canada.  

 

I am trying to counter the fear mongering that you can’t drive on a Canadian DL.  It’s at most a grey area of a very minor traffic infraction.   This is like someone having a debate about if going 52 in a 50 zone is actually speeding.

Edited July 8, 2020 by Henry357

[Ban Hammer 12,842]

as this thread has run its course, it is now closed.