Questions about k1 for fiancee

[justice599 2]

 I am a US citizen but my fiancée is studying in Canada, I will like to file a k-1 visa for her but I want to be sure If she can go to the US embassy in Canada or she will have to go to the embassy in her country of Origin when the time comes. She is not a resident of Canada, she is just a student studying there.

[powerpuff 6,723]

If she’s still on a student status when the interview time comes, then yes, she can interview in Canada. Keep in mind that Canada is a very busy consulate and she’ll be waiting longer than average. 

[justice599 2]

5 hours ago, powerpuff said:

If she’s still on a student status when the interview time comes, then yes, she can interview in Canada. Keep in mind that Canada is a very busy consulate and she’ll be waiting longer than average. 

Thanks so much for your response. I really appreciate. I understand how busy consulate can be. What time frame do u think this could be from start to when case is being sent to consulate. 

[SalishSea 17,916]

6 hours ago, justice599 said:

Thanks so much for your response. I really appreciate. I understand how busy consulate can be. What time frame do u think this could be from start to when case is being sent to consulate. 

Greater than one year.

[Redro 4,611]

7 hours ago, justice599 said:

Thanks so much for your response. I really appreciate. I understand how busy consulate can be. What time frame do u think this could be from start to when case is being sent to consulate. 

 

Check the Canada forum. K1 visa applicants are posting their NOA2 to interview time. But plan for at least 18 months. 

[Rocio0010 5,579]

Have you considered CR1 instead of K1?

[justice599 2]

1 hour ago, ra0010 said:

Have you considered CR1 instead of K1?

To be honest, I didnt even think of that initially but I will definitely look into it as well. My major concern initially was if the beneficiary would have to go back to her country for her interview. I dont know if that is the same case for the CR1 as well. 

[Redro 4,611]

7 minutes ago, justice599 said:

To be honest, I didnt even think of that initially but I will definitely look into it as well. My major concern initially was if the beneficiary would have to go back to her country for her interview. I dont know if that is the same case for the CR1 as well. 

Same case. But, if the beneficiary is planning to interview in Canada there is a long wait ahead. Might as well get married... they might have to go back to their home country either way.

How long can your partner stay in Canada? And which country are they from (this could impact the waiting time... especially if they are from a middle eastern country). 

[Rocio0010 5,579]

22 minutes ago, justice599 said:

To be honest, I didnt even think of that initially but I will definitely look into it as well. My major concern initially was if the beneficiary would have to go back to her country for her interview. I dont know if that is the same case for the CR1 as well. 

The question for you is, why are you choosing K1 over CR1? And I’m asking this because prior to COVID, the wait times for a K1 were shorter. However, nowadays the wait times are almost the same, and CR1 offers some advantages that the K1 doesn’t. I’ll let @Crazy Cat list the advantages for you. Just my two cents: CR1 might be better for you and you just weren’t aware of it!

[Crazy Cat 41,975]

Every couple has their own priorities, and each couple must decide which visa is better for their situation.

K-1        
    More expensive than CR-1    
    Requires Adjustment of Status after marriage (expensive and requires a lot of paperwork)    
    Spouse can not leave the US until she/he receives approved Advance Parole (approx 6-8 months)    
    Spouse can not work until she/he receives EAD (approx 6-8 months)    
    Some people have had problems with driver licenses, Social Security cards, leases, bank account during this period    
    Spouse will not receive Green Card for many months after Adjustment of Status is filed.
    A denied K-1 is sent back to USCIS to expire
  

CR-1
    Less expensive than K-1    
    No Adjustment of Status(I-485, I-131, I-765) required.    
    Spouse can immediately travel outside the US    
    Spouse is authorized to work immediately upon arrival.    
    Spouse receives Social Security Card and Green Card within 2 or 3 weeks after entering the US    
    Opening a bank account, getting a driver's license, etc. are very easily accomplished with GC, SS card, and passport.

    Spouse has legal permanent Resident status IMMEDIATELY upon entry to US.
  �

 

[justice599 2]

1 hour ago, Kor2USA said:

Same case. But, if the beneficiary is planning to interview in Canada there is a long wait ahead. Might as well get married... they might have to go back to their home country either way.

How long can your partner stay in Canada? And which country are they from (this could impact the waiting time... especially if they are from a middle eastern country). 

she still has about 2 years to stay more in canada. and she is from Ghana. I didnt look at the CR1 options before but will try and do that right now that I have more information about it. Thanks

[justice599 2]

1 hour ago, ra0010 said:

The question for you is, why are you choosing K1 over CR1? And I’m asking this because prior to COVID, the wait times for a K1 were shorter. However, nowadays the wait times are almost the same, and CR1 offers some advantages that the K1 doesn’t. I’ll let @Crazy Cat list the advantages for you. Just my two cents: CR1 might be better for you and you just weren’t aware of it!

Thanks so much for the input. I will look at the CR1 aspect and also will look into the laws of getting married in canada. 

[Redro 4,611]

4 minutes ago, justice599 said:

she still has about 2 years to stay more in canada. and she is from Ghana. I didnt look at the CR1 options before but will try and do that right now that I have more information about it. Thanks

If you can. I would either have her visit you in the States (if she has the ability) or go visit her in Canada, get married and file a spousal visa. 

Which province is she in? 

Here are the requirements for Ontario:

https://settlement.org/ontario/daily-life/life-events/marriage/can-i-get-married-in-canada-on-a-visitor-visa/

 

Edited November 27, 2021 by Kor2USA

[justice599 2]

1 hour ago, Crazy Cat said:

Every couple has their own priorities, and each couple must decide which visa is better for their situation.

K-1        
    More expensive than CR-1    
    Requires Adjustment of Status after marriage (expensive and requires a lot of paperwork)    
    Spouse can not leave the US until she/he receives approved Advance Parole (approx 6-8 months)    
    Spouse can not work until she/he receives EAD (approx 6-8 months)    
    Some people have had problems with driver licenses, Social Security cards, leases, bank account during this period    
    Spouse will not receive Green Card for many months after Adjustment of Status is filed.
    A denied K-1 is sent back to USCIS to expire
  

CR-1
    Less expensive than K-1    
    No Adjustment of Status(I-485, I-131, I-765) required.    
    Spouse can immediately travel outside the US    
    Spouse is authorized to work immediately upon arrival.    
    Spouse receives Social Security Card and Green Card within 2 or 3 weeks after entering the US    
    Opening a bank account, getting a driver's license, etc. are very easily accomplished with GC, SS card, and passport.

    Spouse has legal permanent Resident status IMMEDIATELY upon entry to US.
  �

 

Thanks so uch for taking time to outline the advantage of each other. I will look into the CR-1 process. 

[justice599 2]

2 hours ago, Kor2USA said:

If you can. I would either have her visit you in the States (if she has the ability) or go visit her in Canada, get married and file a spousal visa. 

Which province is she in? 

Here are the requirements for Ontario:

https://settlement.org/ontario/daily-life/life-events/marriage/can-i-get-married-in-canada-on-a-visitor-visa/

 

Thanks. She is in Newfoundland Labrador And I visit her. I will look into the CR1 as it is a better option.