imasillyone

thank you both!

that helped out alot, i didnt know if i was suppoesd to write a story or a brief letter! and that outline iwll help me! <3

3 months is ok, and thank you SO MUCH!! once again, someone just answered probably 3 of my top questoins. this forum is amazing! Im gonna suggest it to my friend who is from texas marrying a man from britian!

you guys are truly the biggest help ive foudn so far!!

I hope it doesnt take too long to get my k-1, i know i should expect ATLEAST 4 months, but nothing over 6 i hope

ima, sorry to keep butting in!

I really recommend that you modify your expectations so that you won't be frustrated and disappointed. While EAD takes three months (minimum) to process, you will not be eligible to apply for it until you are married and get your paperwork together. IMO, K-1s should not plan on working in the US for the first 4-6 months. Reba brings up a good point about that being the earliest that you can really search for work--many folks find that it's hard to job hunt when they are not yet empl auth.

I also don't know which Canadian consulate you'll be interviewing with, but especially if it is MTL, 4-6 months from petition to visa may also be optimistic.

Managing your expectations will do a lot toward your future happiness.

Im fromt he windsor ontario area, so i wouldbe with the toronto consuate im assuming. ??

and i feel as ifi have to modify my expectations with this at the moment because i honestly dont know enough about it to really have expectations to begin with. but the past couple days i have learnt alot from this site and now have SOME minor expectations but nothing set in stone. I mean we're still in our early twenties and as much as we want this all done, we have time.

Im currently getting my K-1 stuff together as we speak, writing my letter of intent. Im so much more motivated after having joined this site because i feel like i understand so much more!!!

well, the working within 3 months with a K1 all depends on how quickly you get married after you arrive, and how quickly you send in your AOS and EAD applications.

The 3 months is really the time alloted from the time that you send in your applications. And an EAD application is only accepted for a K1 in conjunction with an AOS application, which can't be sent in until after you're married.

Consider a timeline of possibly up to 6 months after you arrive until you'll be able to search for work. That is potentially the "worst case scenario" once you figure in the time to get married, wait for the marriage certificate to be received from the registrar (some counties are not immediate) and to compile all the information for the AOS application.

yea. see i am figuring about 6 months to get the process finished for the K-1 in general. I hope that isnt over assuming anything, which brings us up to latest, xmas time. our anniversary is Jan.4th so Id love ot get married on that day, which means as soon as we get the k-1 basically we'd be married. then right away i want to apply for the AOs and EAD just to keep the ball rolling. I mean if i stop at one point i might wanna just sit on it til i have to and i dont want to get to that point.

I am currently writing my letter to begin the process for my I-129 form i believe it is. But I am having troubles with the wording and such, i dont know exactly how they would want it to go. any suggestions?

are they looking for the heart felt mushy stuff? or straight to the point, this is the man i want to marry, i have every intent to marry him, the end kinda stuff?

shouldit be a long letter?

*sigh*

i think that is by far some of the best information i have received yet! thank you!

and in that case, im gonna say that its more important to be with him sooner. As soon as i sell my truck I wil not have as many bill obligations here and i am saying hardcore so i know i will be ok for a few months in the end if necessary. =) you were extremly helpful! thank you!

so from what i understand then, I should just get the K-1 as we planned, not go straight ot marriage and wait, then I should get an AOS? and an AOS shouldnt take too long I wouldnt think considering they have most of the information still.

I am finally starting to get a better understanding i think from everyone here, thank you all SO MUCH!!

and based on that i wont be going for the DCF because he does not reside here, so thats out of hte question, and I will not be contacting customs or the US consulate.

thank you!

Cool, I'm glad that made sense.

Now, break down the K-1 process. The USC files a petition I-129f and you both wait. This time can be spent pining & whining, or being productive. Looking ahead, be practical and face the fact that you will not be working for your first 4-6 months in the US. Now is the time to start saving up for that, and planning how you'll get by and what you will do. There really aren't any ways around it (but as a Canadian, you should look into an *interesting* idea concerning your UI).

After the petition is approved, there will be some step leading up to your visa interview. After you get the visa, you move to the US. You now may not leave until you have a green card or document called Advance Parole. If you do leave, you will not be readmitted without a spousal visa & can be stranded in Canada. This has happened to others; heed their lesson.

After you enter the US with the K-1 visa, get married. Once married, apply to Adjust Status to Permanent Resident (green card), also called AOS. The conclusion of AOS is an interview as a couple. When that is done, you get a Green Card. When you have a GC, you are legal to live, work and travel.

How long to complete your AOS depends entirely on your District Office. This can take from 3 months to 3 years. While that application is pending, you apply for separate work and travel permission. The travel, already covered, is called Advance Parole/AP. The work permission will take 3+ months to get (after you apply, which is after you marry, which is after you enter with the K-1 visa). The work permit is called an Employment Authorization Document or EAD.

"They" may keep everything you've ever submitted, but nothing will go faster because of it.

Do visit the Guides, Flowchart and FAQ for the K-1 (blue tabs, top of the page). I think now that youve got some context, it will all start to make more sense. I think I spent a week just re-reading the same things over and over until it sank in... give yourself a bit of time!

I dont know who you are, but you are DEFINATELY my new best friend...

that was the greatest information i have received since they told me they were making a smore ice cream thing at dairy queen

I swear, you just answered like every question i had about that visa in a matter of a few paragraphs which no one has been able to do for me, attorneys included, for MONTHS!!!

I think you just made me the happiest person. although i hate that its gonna take so long, im so happy to atleast know WHAT THE HECK im doing now!!!

AOS based on a K visa depends on the processing district office. Mine in Charlotte NC took about 9 months, others at the same office took 13 months and some even more. Other district offices are quicker, some are much slower. You may want to have a look at the processing timelines for the district office where you'd be applying for AOS.

i am, thank you!

Im gonna be going through the Texas one because im going to be in Oklahoma so im kinda scared at just how backed up that office is

but from what i understand, my 90s with the K-1 doesnt start til I enter the country, so is it possible for me to file for my EAD while in CAnada and not start my 90 days til its approved?

You can't file for your EAD while in Canada and while not married.

First you file the K1 petition. This takes several months and involves providing a great deal of information, medical exam, police certificates and interview to name a view. The purpose of the fiance visa is to allow you to come into the US to marry the person who filed the petition for you.

When you receive the visa you have 90 days once you enter the US to get married. Once you are married, you begin the adjustment of status process since you are no longer a fiance, you are now a spouse of a USC. At this time, you can request work authorization, social security number, etc.

You should plan on not being able to work legally in the US for approximately 3 months.

3 months is ok, and thank you SO MUCH!! once again, someone just answered probably 3 of my top questoins. this forum is amazing! Im gonna suggest it to my friend who is from texas marrying a man from britian!

you guys are truly the biggest help ive foudn so far!!

I hope it doesnt take too long to get my k-1, i know i should expect ATLEAST 4 months, but nothing over 6 i hope

that is odd that the CR-1 gets approved quicker in some cases Am I allowed to apply for both at once and jsut go with whatever one goes faster??

and we dont want to be seperated another day, so the shorter the better. He especially is havign a rough time with it. Ive been calling customs and my US consulate in toronto trying to figure out what exactly i need to do right now, but im finding that this site ismuch more useful then any of those automated machines that are passing me from one place ot the next! I just wish they could offer some insight as to DCF. I emailed Montreal about it so im sure they'll get back to me

people here are friendly, i thought by now they'd tellme to take a hike cause i know so little and am so confused on everything!

ima,

hi & welcome---a request please, I know there is a lot to take in all at once, but confining yourself to one thread will get you a better understanding.

You've said two things that conflict with each other that you should think about. One time you say that being able to work from Day One in the US is the most important, then you say that 'the shorter the better'; don't want to be separated another day.

From a visa standpoint, these two ideas are incompatable--you'll have to choose one or the other.

Next, US Customs and the US Consulate in Canada are not the people to be asking for advice on this topic. They might give you incorrect information, and you'd have no way to know until it is too late. Many people have been caught out by this, so a word to the wise.

The "insight" on DCF is clearly posted in the DCF Forum here. There is no other way around it; to file in Canada, the USC must be legally resident there for (most likely) one+ year. Considering everything, DCF in Canada is not the fastest method for that country.

The K-3 and CR-1 are not a choice, at least not until the very end. They are pursued simultaneously and they have different advantages/disadvantages. This is where the 'what's most important to you' question factors in. You can take whichever comes first, but a K-3 will not be eligible to work immediately--it will probably take 3+ months for a work permit.

i think that is by far some of the best information i have received yet! thank you!

and in that case, im gonna say that its more important to be with him sooner. As soon as i sell my truck I wil not have as many bill obligations here and i am saying hardcore so i know i will be ok for a few months in the end if necessary. =) you were extremly helpful! thank you!

so from what i understand then, I should just get the K-1 as we planned, not go straight ot marriage and wait, then I should get an AOS? and an AOS shouldnt take too long I wouldnt think considering they have most of the information still.

I am finally starting to get a better understanding i think from everyone here, thank you all SO MUCH!!

and based on that i wont be going for the DCF because he does not reside here, so thats out of hte question, and I will not be contacting customs or the US consulate.

thank you!

hi brittanie and welcome. you should check out your visa options and decide what's best for you. And no, as you'll learn quickly here, you definitely won't be required to live here right away. As a matter of fact, you cannot. You will have to wait for the CR1 visa process to complete, which seems to average about a year. Most of us could only *wish* that we were required to be together immediately. Sounds like you're a lot more patient than a lot of here are Check out the link above, I think it will address most of your concerns/questions, otherwise, post back again. ttyl,

mich

hi mich! and thanks, I did look at the link, Ive actually been looking into the Direct Consular thing and seeing what the qualificatins are and whether or not im able to file for this, but i think he must reside within canada in order to do so =(

that sucks cause it seemed like hte best option by far!

Hi brittanie. If you have a boyfriend, he could apply for K1, the fiancee visa. If you have a husband, he could apply for the K3, the spouse visa.

Generally speaking, these "non-immigrant K visas" are the quickest route (6 months?) but it's difficult to predict, especialy now, since there's a hold up due to a new law: IMBRA (International Marriage Brokers Regulation Act). Once here on a non-immigrant K visa, you'd apply for an Adjustment of Status (another few months waiting). Then you'd be a full-fledged, legal immigrant, a permanent resident who's eligible to work. I hesitate to predict times, but it could take a year in total. The K visa allows you to be united with your boyfriend in the States quicker, and complete the process while living in the States. At least that's the theory.

The other route, which generally takes longer (a year?) before you can enter the States legally, is the CR-1 immigrant visa. You'd be a legal permanent resident and eligible to work as soon as you get here. Your boyfriend applies for this "immigrant visa" in any case, since it's a requirement when applying for the non-immigrant K visa. Interestingly for some K people: their CR-1 gets approved faster than their K visa. That's when they decide which one to pursue.

How long do you want to be separated? If you can hold on for a year (or so) because you want to live and work in Canada for some time, consider CR-1. But if you're madly in love and can't stand to be away from each other, consider the K1 or K3. Whatever you decide, it's a lengthy, expensive process with a new kind of stress. The more you know beforehand, the easier it will be.

People here are very friendly, funny, and helpful. But if it all seems overwhelming, and your boyfriend doesn't want to deal with the paperwork, which is considerable, you can consider using a good immigration lawyer. Whatever you decide, you're in for a 6 to 12 month journey (more or less). Welcome and good luck!

that is odd that the CR-1 gets approved quicker in some cases Am I allowed to apply for both at once and jsut go with whatever one goes faster??

and we dont want to be seperated another day, so the shorter the better. He especially is havign a rough time with it. Ive been calling customs and my US consulate in toronto trying to figure out what exactly i need to do right now, but im finding that this site ismuch more useful then any of those automated machines that are passing me from one place ot the next! I just wish they could offer some insight as to DCF. I emailed Montreal about it so im sure they'll get back to me

people here are friendly, i thought by now they'd tellme to take a hike cause i know so little and am so confused on everything!

Are you engaged now or are you married now? Are you in the US now? Your answers to these questions will help you to determine your options.

If you are engaged, you will file for the K1 - Fiance Visa. This means you enter the US as a non-immigrant for the purpose of getting married. After, you will adjust your status in the US. You can work after you receive work authorization which may take several months.

If you are married now, you can file the I-130 while you are waiting out of the country. Once approved, you will receive your green card and enter as an immigrant. The wait time for the I-130 process takes longer, but when you receive the visa, you are finished with the process and do not need to adjust your status any further once in the US.

If you are married now, you can file the I129 (K3) in addition to the I-130. This usually speeds up the process but results in a non-immigrant visa, and just like the fiance visa you will need to complete your adjustment of status process in the US.

There is a delay as Aussie said on the K1 and K3 visa applications right now but hopefully this will be resolved shortly.

engaged now, just wondering if i should wait to get married first or if its better to go straight to the K-1 and then get tehe adjustment of status. cause if we get married say, wekk 3 of our 12 week allowment do you think the adjustment of status will work quicker?

and im currently in canada while he's in the USA *ugh its so hard*

you guys are all wonderful thank you so much for putting up with my ill-informed mind!

I think you really do need to read and understand more of the various visas. There is no qualifications for the CR-1....only that you are the spouse of a USC.

EAD (work permit) can take up to 90 + days to my knowledge with the K visas.....you will definately not be able to work straight away on entry.

Adjustment of status can take up to a couple of years depending on the Local Office you have to file with.

And yes there is delays at present with the I-129F for both fiance and spouse, due to the IMBRA that came into effect on the 6 March. There is light there though as there was a draft I-129F that includes the new questions to comply with the the new requirements of the IMBRA so hopefully it wont be too long before that is available and the necessary information gathered from those in the backlog so that processing can get a move on again.

yea ive been trying to beef up on my information about the different visas, to be honets, alot of it just seems to overwhelming and confusing!

and i hope for everyones sake that these set backs dont last long, i know almost all of us are waiting anxiously!

but from what i understand, my 90s with the K-1 doesnt start til I enter the country, so is it possible for me to file for my EAD while in CAnada and not start my 90 days til its approved?

Hi and welcome to VJ.

First have a read on the various visas http://www.visajourney.com/forums/index.php?autocom=custom&page=compare

Totally different visas....one doesnt do one and then the other on marriage.....The short of it is.......

I-129F = K-1 fiance visa - marry within 90 days of entry - adjustment of status in the US

or

I-129F = K-3 spousal visa (already married) - adjustment of status in the US. You must also have already filed the I-130 prior to the I-129F.

or

I-130 = CR-1 spousal immigrant visa - green card on entry - no adjustment of status.

Both the K visa's are nonimmigrant visas even though they are processed very much as an immigrant visa.

The only visa that will allow you to work just about straight away is the CR-1

thank you for the welcome

and that sucks cause i cant get a greencard really, i have no qualifications for it as far as i understand.

but from what i understand from what your said, i can get the fiances and just get an adjustment? im wondering how long that would take to get the adjustment, and i know with a fiances you can apply for a workers permit, im wondering if that just carries over with the adjustment so i can keep working.

this is all so very confusing to me. and i was reading in another thread that there are delays with the K-1 right now?

thats horrible =( really puts a down-look on this whole "glorious period" Im supposed to be going through

im reading up on some things and i noticed this page http://www.***removed***/greencard/adjustme...atus/index.html

speaking of an adjustment of status based on a K-1 fiances visa, to turn it into permanent resident. does this mean that i wouldnt have to file for a K-3 in the long run and that it would basically almost just transfer over on its own as soon as we were married?

and something thats bogging my mind about getting the K-3 possibly is that i cant seem to find the answer anywhere of whether or not i'll be able to work? i NEED to be able to =/ but if im living in the usa applying for my K-3 and going throuhg the process, am i allowed a workers permit?

Im sorry for so many questions, im just so confused and upset right now and i cant seem to figure anything out.

Hi.

You should check the guides under the different types of visas you can pursue. You can create scenarios based on your needs and then decide which route would be best for the two of you. Also, you don't have to immediately use the visa, but there is a certain amount of time that you have to enter.

by immediately use the visa, does that mean that once i get married i do not have to immediately live int he usa? cause someone told me that before, because id rather wait til i have a workers permit so that i can make money still and pay for bills

and thank you for your response. I was just checking out the possible visas

Hey,

Im brittanie and im from canada, where as my bf is from oklahoma. we are currently thinking of getting a spouses visa and i was wondering if any of you could give me any sort of information on this said one. I do not know how much time it takes for the process to be finished, whether or not i can work while its being done, do i have to move to the USA immediately? or is it that i cant til i have the visa. i am very confuised and any information you ahve would be amazing!!

thank you!

Brittanie