K3 pending vs Working in Canada

[Scott'n'Natalie 0]

Greetings all,

I've unsuccessfully tried to find this information online so now ask you for a helping hand.

My partner and I have been debating to go down the K3 route to ultimately be together in the US as soon as possible. We looked into the K1 but being able to travel back and forth between Canada/US is attractive while waiting on the case to be resolved. Question is...money/work. Here's what we were planning to do if it's all legal and works..

1. I visit him on a travel visa in Nov, we get married.

2. We start the K3 process with the I-130 and I return to Canada to work

3. Approved, apply for the K3. Approved, AoS + EAD.

4. Move to the US once the EAD is approved and work

I know all of this will take time but is it feasible?

Am I allowed to return to Canada and continue work while applying?

Thanks in advance!

[payxibka 10,044]

Instead of K-3 and all the hassles of AOS & EAD why not just go straightforward for the CR(IR)1 visa?

[Scott'n'Natalie 0]

Instead of K-3 and all the hassles of AOS & EAD why not just go straightforward for the CR(IR)1 visa?

My understanding of the CR(IR)1 is that I will need to revoke my Canadian citizenship in time to become American. I rather avoid that.

Edit: Oh and I would like to continue to see him (hear visit) while we are in process since it takes so long..

Edited October 12, 2007 by natb

[MargotDarko 0]

Instead of K-3 and all the hassles of AOS & EAD why not just go straightforward for the CR(IR)1 visa?

My understanding of the CR(IR)1 is that I will need to revoke my Canadian citizenship in time to become American. I rather avoid that.

Edit: Oh and I would like to continue to see him (hear visit) while we are in process since it takes so long..

Whoa!! Who told you that or where did you read it? It is completely not true. And you can visit while in process for an immigrant visa in just the same way as during the process for a non-immigrant visa.

In addition to becoming a PR without giving up your Canadian citizenship, you can even become a US citizen and still be a Canadian citizen.

Edited October 12, 2007 by MargotDarko

[payxibka 10,044]

My understanding of the CR(IR)1 is that I will need to revoke my Canadian citizenship in time to become American. I rather avoid that.

Edit: Oh and I would like to continue to see him (hear visit) while we are in process since it takes so long..

Revoke citizenship? OMG that is so not true... You are simply becoming a legal permanent resident (same as what AOS does for you from K-3). You are not applying for citizenship.. that comes much later and you never have to do it... and I am quite certain you will not be asked to renounce your Canadian citizenship...

As for the differences in processing time? By the time you get your K-3 approved, relocate to the USA, apply for EAD & AOS and then return to Canada to work and then come back after EAD is approved... you just might be the same...

[MissStacey 1]

That is not true at all!

A Canadian can have dual Citizenship in Canada and the US.

[Scott'n'Natalie 0]

The glories of the Web..so much information yet, you can't always be sure on accuracy. Thanks for clarifying the citizenship aspect. It's very much appreciated!

This still brings me back to square 1...

K3 allows traveling between Canada-US..

CR(IR)1 prevents me to travel to the US..

Both cases would allow me to work back home (if legal?) but if they relatively take the same amount of time..why go for the CR(IR)1 option? Less paperwork I can see but aside that?

I don't mean to be a pest and it's very much about personal preference I suppose but I can't seem to identify the advantage.

[payxibka 10,044]

This still brings me back to square 1...

K3 allows traveling between Canada-US..

CR(IR)1 prevents me to travel to the US..

Both cases would allow me to work back home (if legal?) but if they relatively take the same amount of time..why go for the CR(IR)1 option? Less paperwork I can see but aside that?

Both IR1(CR)1 and K-3 require an I-130 petition to be filed with the USCIS... So if there is going to be a prohibition on travel (which there isn't BTW) it begins then under either scenario.... So using your scenario then it doesn't matter which visa you end up applying for as the the travel problem is essentially the same for a large part of your journey.

Edited October 12, 2007 by fwaguy

[MargotDarko 0]

The glories of the Web..so much information yet, you can't always be sure on accuracy. Thanks for clarifying the citizenship aspect. It's very much appreciated!

This still brings me back to square 1...

K3 allows traveling between Canada-US..

CR(IR)1 prevents me to travel to the US..

Both cases would allow me to work back home (if legal?) but if they relatively take the same amount of time..why go for the CR(IR)1 option? Less paperwork I can see but aside that?

I don't mean to be a pest and it's very much about personal preference I suppose but I can't seem to identify the advantage.

No, applying for an immigrant visa does not prevent you from travelling to the US in the meantime. It's no different from the K3 process in that way. You could legally travel back and forth while in the process and legally continue to work in Canada without any hassle. In fact you should bring proof of your job in Canada so that at the border they believe you'll be returning and not trying to settle in the states before you have your visa.

The immigrant visa option (that's if you file just the I-130 and follow it through to the end, resulting in a CR1 or IR1 visa - CR1 if you've been married less than two years and IR1 if you've been married more than two at the time of moving) is definitely better.

Aside from less paperwork, it costs less money and you will be able to work in the states right away instead of having to wait for EAD. So actually if you were planning on continuing to travel back to Canada for work until you had the EAD, you might as well go for the CR1/IR1, save the money, and be in the states around the same time as planned. Does that make sense?

Edited October 12, 2007 by MargotDarko

[Scott'n'Natalie 0]

No, applying for an immigrant visa does not prevent you from travelling to the US in the meantime. It's no different from the K3 process in that way. You could legally travel back and forth while in the process and legally continue to work in Canada without any hassle. In fact you should bring proof of your job in Canada so that at the border they believe you'll be returning and not trying to settle in the states before you have your visa.

The immigrant visa option (that's if you file just the I-130 and follow it through to the end, resulting in a CR1 or IR1 visa - CR1 if you've been married less than two years and IR1 if you've been married more than two at the time of moving) is definitely better.

Aside from less paperwork, it costs less money and you will be able to work in the states right away instead of having to wait for EAD. So actually if you were planning on continuing to travel back to Canada for work until you had the EAD, you might as well go for the CR1/IR1, save the money, and be in the states around the same time as planned. Does that make sense?

Wow..it actually does!

I didn't realise we were complicating our lives..already we were originally thinking of going the fiancee (K1) path until marriage seemed like the better monetary option allowing me to work here in the meantime. This...is wonderful news!

Thank you -so- much!! You and others that have responded have made my day..and week!

[trailmix 77]

Entry to the U.S. while Petition is Pending

After filing the petition, your relative normally would not be admissible to the U.S.; however the CBP inspector at the port-of-entry has the final say. To be eligible to enter your relative must assure the inspector that the visit is temporary and that she or he will depart the U.S. after the proposed visit and wait out the processing period for the immigrant visa in Canada or a third country. link

I absolutely am not trying to rain on the parade

Above is the 'official' word about crossing the border while your visa is pending. Many Canadians on visa journey cross the border all the time while their visas are pending with no hassle. Some get asked for proof of ties to Canada on a regular basis and some have been refused entry to the U.S.. There are many threads about this in the Canada forum.

So as I said, I'm certainly not trying to make you paranoid about crossing the border while the application is being processed, I just thought you should be aware that it's not always just getting 'waved' across.

Edited October 12, 2007 by trailmix

[Scott'n'Natalie 0]

Entry to the U.S. while Petition is Pending

...truncated to shorten length..

I thought I read that a few places but the way I seem to understand this is... I have a permanent job within the government...so, I can carry my case info, a recent pay stub or two, a recent bank account statement and ask my employer for a letter and all should be fine..or I would hope. Perhaps I should just drive to Virginia if I decide to visit so I can turn around without losing money on a plane ticket -if- denied.

Thanks for the honesty..I'm sure we'll have obstacles along the way but we'll make it through!

[trailmix 77]

I thought I read that a few places but the way I seem to understand this is... I have a permanent job within the government...so, I can carry my case info, a recent pay stub or two, a recent bank account statement and ask my employer for a letter and all should be fine..or I would hope. Perhaps I should just drive to Virginia if I decide to visit so I can turn around without losing money on a plane ticket -if- denied.

Thanks for the honesty..I'm sure we'll have obstacles along the way but we'll make it through!

You sure will!

Sounds like you are already prepared but here is a link to one of those threads in the Canada forum I mentioned anyway:

http://www.visajourney.com/forums/index.php?showtopic=85630