Barry Krebs

We all have issues.  I've been living in the US for 28 years to a wife who has a lot of health problems-she was born in the US.  Why am I still married to her?  Because we are best friends and are in love. I take sickness and health seriously.  

The way it works:  You enter one time with the K1, get married within 90 days and then apply for adjustment of status to permanent resident.  To leave now without getting married is a big no no.  This is one of the many drawbacks of this Visa (no freedom to travel) plus you cannot work until you adjust status to conditional two year permanent resident.  That being said, you can apply for temporary work authorization and advance parole for travel after you file for adjustment of status.  However in your case,  if you are already in the US, get married as planned and leave to apply for your green card at the US consulate in Montreal.  I would also suggest you consult with a qualified and competent US immigration attorney who can help you get this matter straightened out, but do it before you proceed further.  You would think DHS border inspector would know better but that is not necessarily the case.  Unfortunately you have the burden of proof.  That also means that you  should have done your homework before embarking on this process.  There is plenty of information on the K1 Visa process and how it works.  I almost embarked on it myself till I realized there was more restrictions to it then obtaining a CR1 spousal visa.  Best of luck from a fellow Canadian originally from Toronto.   

Most likely when she is granted permanent residence.  I have one for you.  Does she like school?  Does she want to finish?  If so and it is doable, why not let her finish?  I'm a Naturalized American born in Canada.  I went back to school here (initially as a green card holder) and finished up with a Bachelor's Degree in Business in my early 50s in 2014.  Worked and went to school off and on since the early 90s.  
 
I'm all for higher education.  To me it's just not a matter of when one can stop going to school after gaining permanent residency but do I want to?  
 
The good news is that once your wife becomes a permanent resident, she becomes eligible for federal and state financial aid and instate tuition if she is attending an instate school.
 
my thoughts to you sir:  If she wants to continue going to school and it will get her somewhere where she wants to be and she is happy with that decision-let her.

If you have work authorization and DHS says you can work, most likely you can work with that authorization- you can work.  When you get your green card, you go back and update the card so that there is no restrictions.  In today's Trump climate, would you not dot the i's and cross the T's?  You must make sure your social security card matches the status you currently have.  Your local social security office can tell you what card you should have in relation to your immigration status.  

I can't answer your question as I am rusty on the K1 but I want to give you an advice. The K1 is more expensive than the CR1 and he/she won't be able to work for almost 6 months after he/she arrives. If money is tight, I'd suggest marrying and then file for CR1. That way when they arrive they have their Green Card and are ready to work right away. Otherwise, you will be paying for the entire K1 process, Adjustment of Status and Removal of Conditions which is several $1000.

According to his timeline, they've already gone through the K-1 process and she's now here in the USA. Only option at this point is AOS. 

I already see red flags here,  why were you even talking to another guy??(none of my business, I'm not judging you, but USCIS takes this stuff seriously!!  Remember, even if you have been petitioned before, as long as you had a valid reason of why it didn’t work out it won’t mean an automatic denials at the interview stage. Basically, USCIS wants to see that you are both serious about the relationship and to show this you must show strong evidence(marrying him on your second visit is a red flag) just my 2 cents.

I see Red Flags here.  Why are u in such a rush?  Why don't u wait a couple of years?  Are u in university or some other post secondary format?  Are u employed?  You'll have a much better chance of succeeding at marriage and immigration if u wait a while.  If you apply to soon, your K1 visa will be rejected.  If you wait a while, a consular officer might grant you your visa.  It looks much better in their eyes that your current relationship is stable and u want to take it to the next level.  You are 19 and he is 20.  U have time on your side.  If it is meant to be, you two will figure it out.  And it will be easier to explain why u abandoned the first application.

I see Red Flags here.  Why are u in such a rush?  Why don't u wait a couple of years?  Are u in university or some other post secondary format?  Are u employed?  You'll have a much better chance of succeeding at marriage and immigration if u wait a while.  If you apply to soon, your K1 visa will be rejected.  If you wait a while, a consular officer might grant you your visa.  It looks much better in their eyes that your current relationship is stable and u want to take it to the next level.  You are 19 and he is 20.  U have time on your side.  If it is meant to be, you two will figure it out.  And it will be easier to explain why u abandoned the first application.

You'll have evaluate your circumstance carefully and decide which option fits your needs.  Overall, I have read that the K1 rejection is low. I've also heard that the K1 option isn't as popular but I could be wrong on that.  One thing I will tell you is that the K1 has a lot of restrictions put on it.  First, you can't work till you get married because work authorization won't be granted for at least 90 days after that marriage.  You have to apply and pay for it-no refunds if your application is rejected.  Can you afford to strain yourself financially on just one income?  What are you going to do in the mean time-after wedding and before you get some sort of authorization-hope you have a plan and not sit home and watch TV all day.  If you decide to stay in US, you have to file for AOS for your green card.  You can apply for work authorization at the point as well as advance parole (permission to leave the country while AOS paperwork is being processed).  There is no charge for these applications along with AOS application.  And getting a green card these days just happens to take much longer.  Your best bet is in my opinion is to get your CR1 immigrant visa.  That way, you'll be able to hit the ground running seeking employment.  Your life will also come together faster when you already have a green card in your possession.  BTW:  I believe you can apply for a social security number with a K1 visa but it won't allow you to work-you'll need a work authorization and then can get a working card-number is same but the restrictions will be removed.  You get the new card when you get work authorization.  With a CR Visa, you can get a number before you immigrate or after.  How do I know all this?  I was considering the K1 option myself but living on the Canada/US border-no discussion.  I want the freedom to come and go from Day 1.  I'm sure you want that too.  So I opted for CR1 immigrant visa.

The K2 is for the child of a K1, the fiancee of a USC petitioner.
 
There were only a handful of K3 issued last year.  The K3 requires concurrent filing for a spousal visa.  Once the spousal visa reaches the NVC, the K3 route is administratively closed.  Essentially, don't count on the K3 because 99.999% end up with having to go with a CR1/IR1 spousal visa.

A K1 Visa is not put in there for the sake of it.  Why would it be there and she otherwise lie to the consular officer?  Unless you can convince me otherwise, there is more to the story.  K1s like immigrant visas (or any visa for that matter) is not given out or denied at willy nilly will.  You can't tell me that someone deliberately went to the US consulate and put in a K1 Visa in this person's passport.

CR1 for me.  We found an apartment in Buffalo, we got married in Toronto, and I immigrated with a CR1 Visa.  Your soon to be wife needs to have a physical address in the US.  And unless told to you in a letter, she does is not required to be with you when you go for an interview with the US consulate.  Can't comment on I-864 because we used an affidavit of support that is used with K1 Visas-we're talking late 80s here.  Yet I still required my uncle as co-sponsor because even though my wife works for New York State, the money she made back then was not enough to support two people.  And regardless, she always had a physical US address.  Of course cross-border marriages overall are less complicated if both parties live within earshot of the Canada/US border.  Note:  We did consider K1 but for us it was much more trouble then it's worth.  I had to work ASAP-we needed two incomes, and I did not want restrictions being so close to Canada, so CR1 worked out much better for me.

We all have issues.  I've been living in the US for 28 years to a wife who has a lot of health problems-she was born in the US.  Why am I still married to her?  Because we are best friends and are in love. I take sickness and health seriously.  

We all have issues.  I've been living in the US for 28 years to a wife who has a lot of health problems-she was born in the US.  Why am I still married to her?  Because we are best friends and are in love. I take sickness and health seriously.  

Married in Toronto before applying for my green card at the then US Consulate in Toronto (Montreal is only consulate that now handles most US immigration situations).  We were going to have me come to the US on K1 Visa, but that would have complicated things.  Besides, Buffalo NY and Toronto are only a short distance (1.5 to 2.5 hrs depending on Toronto traffic) and the majority of the wedding party was in Toronto.  Guess our situation was quite simple-only issues was wedding preparation and collaborating on wedding plans with her family.  Since I had a stable job and home in Toronto, crossing the border before all paperwork was submitted to the consulate for Visa Processing was no problem.  Took a year + for green card but we had it coordinated so that after we came back from our overseas honeymoon, all I had to do was wait for my letter for my medical and interview.  My mom graciously went down to submit our government issued wedding license (not the ceremonial you get after getting married).  I started paperwork for K1 but later switched to CR1 Marriage Immigrant Visa.  BTW:  This was all done in 1989.

We all have issues.  I've been living in the US for 28 years to a wife who has a lot of health problems-she was born in the US.  Why am I still married to her?  Because we are best friends and are in love. I take sickness and health seriously.  

We all have issues.  I've been living in the US for 28 years to a wife who has a lot of health problems-she was born in the US.  Why am I still married to her?  Because we are best friends and are in love. I take sickness and health seriously.  

We all have issues.  I've been living in the US for 28 years to a wife who has a lot of health problems-she was born in the US.  Why am I still married to her?  Because we are best friends and are in love. I take sickness and health seriously.