Best to apply for K1 before or after entering on a visitor visa - how long should she stay to visit? - Canada

[DSplaysthejazz 0]

Hello fellow VJ members!  About to begin this process and adventure and wanted to get some clarifications on a few things.

 

I'm in the US and will petition for a Canadian.

 

She wants to come visit me for 3-4 months in the US.  She already visited for a couple of weekends, and I've been up to Canada about five times too.

What in general do you guys think is better?  For her to enter on the visitor visa, THEN apply for the K1?  Or apply for the K1 BEFORE she enters on the tourist visa?

I see mixed things on this.  It seems if you already have a K1 pending, and then enter on the six-month visitor visa, then the border officer will ask lots of questions.

But if you apply for the K1 after entering on the visitor visa, would that possibly look suspicious to customs?

I just need to know the best thing to do, I want to make it as smooth and easy for her as possible, while also making it possible to see her for 3-4 months.

She is going to try and get a leave of absence for her job, and she currently lives with siblings and helps pay the rent.  Two things that would show intent to return home.

 

Okay and another question regarding length of stay.  I hear differing things about how the calendar year works as far as the six months.  So I'll give some details to help out.

She visited for a weekend back in January, then a weekend in April, and another weekend in July, so I'd estimate about a week of her six months has been used for this year.

Does the six months "reset" at the beginning of the year, or is it continued to be tracked?  For instance, if she stays for 3-4 months on a trip coming up, would that mean she

only has 2-3 months remaining for 2026?  I know in other posts it's been said the US has a give and take system.  You come here for 3 months, stay in your home country for 3 months.

It's a bit confusing and I'm trying to wrap my mind around it.  Any clarity would be greatly appreciated!

 

One final thing, if she stays for 3-4 months on her visitor visa, does that take anything away from the K1 90 days, or is that completely separate?  For instance, she stays for 4 months on the

visitor visa, and then returns home to Canada for 4 months, and won't visit again until the year either "resets" or the give take system is satisfied.  Let's just say the K1 is approved in 8-10 months

and is ready for us to use next year.  Would her 4 month visit subtract anytime from that K1?  4 months visited, leaving only two left for the K1, or is the K1 90 days completely and totally separate

from the time given for the visitor visa?

 

Thanks so much for any help and advice!

 

[Crazy Cat 45,174]

If you can visit each other so frequently, why are you going the K-1 route?  Many people here (myself included) believe the CR-1 is the superior visa.

 

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 (up to 9 months) 
  Spouse can not work until she/he receives EAD (up to 9 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 K-1 might be a better choice when 18-21 year old children are immigrating also
  In some situations, marriage can affect certain Home country benefits, making a K-1 a better choice 
  A denied K-1 is sent back to USCIS to expire
  K-1 entrant cannot file for citizenship until after having Green Card for 3 years.
  Once an I-129F has been approved, delaying the case is difficult to impossible if the need arises.
  If US spouse declines to participate in Adjustment of Status, the foreign spouse will have a very difficult avenue to legally remain in the US.
Current Presidential executive order (travel bans) don't allow K-1 visa holders from some countries to enter the US.

CR-1/IR-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.
  The clock for citizenship filing starts immediately upon entry to the US.
  A CR-1/IR-1 case can be delayed indefinitely at NVC if the need arises. 
Current Presidential executive order (travel bans) exempt immediate relatives of US citizens.
   

 

 

Edited 21 hours ago by Crazy Cat

[Crazy Cat 45,174]

You could marry while she is in the US, then start the spousal visa process either before or after she returns to Canada.  You can continue to visit during the process.

Edited 21 hours ago by Crazy Cat

[DSplaysthejazz 0]

Hi Crazy Cat, thanks for a quick response!

 

Two big reasons for us going the K1 route: time and separation.

We noticed the CR-1 is taking much longer to process than K1 and the most important thing for us right now is to be together.  Being separated for months at a time is very difficult and we just want to be near to each other.  I can understand why the CR-1 would be superior in many ways, we simply don't want to have to wait 20+ months to be together.  We're willing to accept all the restrictions and headaches of the K1, and yes the added cost as well.

 

The AOS does seem to be quite a headache, not gonna lie.
We discussed this, she is fine with having to stay here in order to be with me.
She doesn't plan to work after our marriage, at least not for a year or two.
Are these problems common to experience, does origin country matter?

8-9 months I believe is the average right?
No children involved, just me and her

Canada isn't affected by any of the travel bans right?  Not that I have seen anyway

29 minutes ago, Crazy Cat said:

 

If you can visit each other so frequently, why are you going the K-1 route?  Many people here (myself included) believe the CR-1 is the superior visa.

 

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 (up to 9 months) 
  Spouse can not work until she/he receives EAD (up to 9 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 K-1 might be a better choice when 18-21 year old children are immigrating also
  In some situations, marriage can affect certain Home country benefits, making a K-1 a better choice 
  A denied K-1 is sent back to USCIS to expire
  K-1 entrant cannot file for citizenship until after having Green Card for 3 years.
  Once an I-129F has been approved, delaying the case is difficult to impossible if the need arises.
  If US spouse declines to participate in Adjustment of Status, the foreign spouse will have a very difficult avenue to legally remain in the US.
Current Presidential executive order (travel bans) don't allow K-1 visa holders from some countries to enter the US.

CR-1/IR-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.
  The clock for citizenship filing starts immediately upon entry to the US.
  A CR-1/IR-1 case can be delayed indefinitely at NVC if the need arises. 
Current Presidential executive order (travel bans) exempt immediate relatives of US citizens.
   

 

 

 

[Crazy Cat 45,174]

The time for obtaining a Green card is not faster via a K-1.    Is she aware that she will not be able to cross the border for up to 9 months after submission of the I-485 (with approved advance parole) or until she receives a Green card?  In the past 9 nine years, I have seen many K-1 couples who now wish they had gone the spousal visa route.   I have seen no spousal visa couples say they should have gone the K-1 route.  

 

It's your choice....Good luck.  

 

 

Edited 21 hours ago by Crazy Cat

[Crazy Cat 45,174]

53 minutes ago, DSplaysthejazz said:

One final thing, if she stays for 3-4 months on her visitor visa, does that take anything away from the K1 90 days, or is that completely separate?

Separate.  A person who enters the US via a K-1 visa is given a 90 day stay. 

[DSplaysthejazz 0]

This is true, and we did consider that.  But the K1 does get us together much sooner.  Yes she is, we discussed that in detail and I wanted to make absolutely sure.  She was fine with it, and her folks said they would be okay with visiting us until the green card is received.  Her top priority is to be with me as soon as possible.  Just to make extra sure, I will discuss it with her again.

 

We decided it was worth having to wait for the green card, if it meant we could live together as married 8-9 months sooner, versus with a CR-1.  I don't have a remote job either, so visiting during the CR-1 process would be tricky, and the times would be short.  Weekends aren't long enough for us anymore, we want so much than that.

 

2 minutes ago, Crazy Cat said:

 

 

The time for obtaining a Green card is not faster via a K-1.    Is she aware that she will not be able to cross the border for up to 9 months after submission of the I-485 (with approved advance parole) or until she receives a Green card?  In the past 9 nine years, I have seen many K-1 couples who now wish they had gone the spousal visa route.   I have seen no spousal visa couples say they should have gone the K-1 route.  

 

It's your choice....Good luck.  

 

 

 

[DSplaysthejazz 0]

5 minutes ago, Crazy Cat said:

Separate.  A person who enters the US via a K-1 visa is given a 90 day stay. 

Excellent, that's great to hear!

[Crazy Cat 45,174]

8 minutes ago, DSplaysthejazz said:

Excellent, that's great to hear!

It is highly recommended to file the I-485 package prior to the end of that 90 days....as on day 91, the K-1 visa holder is out of status and subject to deportation.  Marriage to a US citizen gives no rights to remain in the US.  As of right now, once the applicant submits a PROPER I-485, they are granted authorized stay until the I-485 is adjudicated via a DHS policy.  That policy could change. With this administration, anyone without clear status in the US is subject to increased scrutiny.

Edited 20 hours ago by Crazy Cat

[Boiler 47,822]

If you are going the K1 plan to get married as soon after arrival as you can, that way you can submit your adjustment paperwork.

 

Sounds like she is currently unemployed?

 

Ohh the first thing a K1 does on arrival is apply for a SSN, as soon as they are in the system.

[DSplaysthejazz 0]

7 minutes ago, Crazy Cat said:

It is highly recommended to file the I-485 package prior to the end of that 90 days....as on day 91, the K-1 visa holder is out of status and subject to deportation.  Marriage to a US citizen gives no rights to remain in the US.  As of right now, once the applicant submits a PROPER I-485, they are granted authorized stay until the I-485 is adjudicated via a DHS policy.  That policy could change. With this administration, anyone without clear status in the US is subject to increased scrutiny.

 

That's very good to know, thank you!  So you think it would best to probably get married around day 70 or so of the 90 days, and immediately afterwards file for the I-485?  Does just the act of applying and filing grant the authorized stay, or does that I-485 need to arrive before the 90 days is up?

[Boiler 47,822]

Quote

So you think it would best to probably get married around day 70 

 

Day 7 would be better

[DSplaysthejazz 0]

1 minute ago, Boiler said:

If you are going the K1 plan to get married as soon after arrival as you can, that way you can submit your adjustment paperwork.

 

Sounds like she is currently unemployed?

 

Ohh the first thing a K1 does on arrival is apply for a SSN, as soon as they are in the system.

 

That makes sense, so get engaged before entering on K1, and then marry very shortly after arriving.  Very helpful to know this early on, thank you!

She has a job right now, but its a lame low level retail job that she doesn't even care about, not great pay either, so she wouldn't be losing much.

 

Oh so you can apply for that even before you marry?

[Boiler 47,822]

A K1 presupposes you are engaged.

[Crazy Cat 45,174]

2 minutes ago, DSplaysthejazz said:

Does just the act of applying and filing grant the authorized stay, or does that I-485 need to arrive before the 90 days is up?

Ideally, you need proof of filing....which would be the USCIS I-797 for receipt of the I-485.