Currently in the US - K-1 visa or CR1?

[vhutchinson 0]

Hello,

 

I am a Canadian currently in the US.  My fiance and I got engaged at the end of February on vacation, and a few weeks later (mid-March) I came to visit him for a weekend.  This was right before the border closures happened, so we decided that I had better stay here with him rather than risk going back to Canada and not being able to cross the border.  We never thought it would last this long, but thankful we made the decision for me to stay.  I'm approaching 5 months of being in the US, and the maximum I can stay as a Canadian visitor is 6 months at a time.  Rather than run the risk of any red flags by me being in the US close to the 6 month mark, we decided that I should probably go back to Canada in early August.  We have all of our paperwork together to file the K-1 visa, and he was going to mail it to the lockbox as soon as I leave to go back to Canada next week.

 

We just realized that there may be a benefit to getting married while we are both here, and then filing the CR-1 visa instead.  This may make it possible for me to travel back to the US by air while the borders are still closed, as I would be a spouse (and potentially for him to come to Canada to visit?).  Does anyone have any advice or suggestions as to our next steps?  If we get married and file a CR-1 visa, am I allowed to stay in the US while it is being processed?  Or if I go back to Canada am I allowed to re-enter the US while it is being processed? 

 

As a sidenote, I am not concerned about the timeline with regards to work authorization.  I work for a Canadian company virtually, so can work for them anywhere in the world.  

 

Thank you!!       

[payxibka 10,045]

10 minutes ago, vhutchinson said:

Hello,

 

I am a Canadian currently in the US.  My fiance and I got engaged at the end of February on vacation, and a few weeks later (mid-March) I came to visit him for a weekend.  This was right before the border closures happened, so we decided that I had better stay here with him rather than risk going back to Canada and not being able to cross the border.  We never thought it would last this long, but thankful we made the decision for me to stay.  I'm approaching 5 months of being in the US, and the maximum I can stay as a Canadian visitor is 6 months at a time.  Rather than run the risk of any red flags by me being in the US close to the 6 month mark, we decided that I should probably go back to Canada in early August.  We have all of our paperwork together to file the K-1 visa, and he was going to mail it to the lockbox as soon as I leave to go back to Canada next week.

 

We just realized that there may be a benefit to getting married while we are both here, and then filing the CR-1 visa instead.  This may make it possible for me to travel back to the US by air while the borders are still closed, as I would be a spouse (and potentially for him to come to Canada to visit?).  Does anyone have any advice or suggestions as to our next steps?  If we get married and file a CR-1 visa, am I allowed to stay in the US while it is being processed?  Or if I go back to Canada am I allowed to re-enter the US while it is being processed? 

 

As a sidenote, I am not concerned about the timeline with regards to work authorization.  I work for a Canadian company virtually, so can work for them anywhere in the world.  

 

Thank you!!       

Actually neither.   Your best option is to get married and file for adjustment of status.  You must remain during the process.

Edited July 27, 2020 by payxibka

[juancarlos 126]

If you are able to stay now in the US and being without working or traveling for several months, get married and adjust status!! It is perfectly legal due to the circumstamces and the fact that you did not commit fraud when entering the US because your original plan was to return to Canada.

 

There are several threads with this same question in VJ. Go find them

[Boiler 45,656]

Another vote to adjust.

[Loren Y 2,755]

1 hour ago, vhutchinson said:

As a sidenote, I am not concerned about the timeline with regards to work authorization.  I work for a Canadian company virtually, so can work for them anywhere in the world.

This opens another can of worms, but as you already have possibly violated the tourist visa by working in the US on a tourist visa for about 5 months, you should get married and adjust because then all illegal work is forgiven. Also if you have made more than around 1100 dollars while on US soil you have to file taxes according to the IRS here in the US. Depending on where your company has offices also can complicate things. While working won't terribly effect your immigration path, make sure you cover yourself via the Tax implications, as the IRS has no " Grey area" on working while on US soil. Just as a side note thinking you can work anywhere in the world is a misnomer, most countries require you to have a work permit or the proper visa to work from within their country. The US being one of them.

[vhutchinson 0]

2 hours ago, payxibka said:

Actually neither.   Your best option is to get married and file for adjustment of status.  You must remain during the process.

Hi @payxibka, is this the adjustment of status route that you suggest? 

Just want to make sure I'm clear on the recommendation.  Thank you!

 

[payxibka 10,045]

3 minutes ago, vhutchinson said:

Hi @payxibka, is this the adjustment of status route that you suggest? 

Just want to make sure I'm clear on the recommendation.  Thank you!

 

There is only but one route and that is it.

[SalishSea 17,918]

Just to be clear, you cannot work while in the US, without a work permit or green card (even remotely).  

 

Both the K-1 and adjusting now will require you to wait 6+ months for the work permit.  With a CR-1, you will have a green card (and work authorization) straight away.