MFL

I’m at a loss for words. Every other timeline I see has gotten approval for their EAD already. We have not gotten any updates since July 2022. Anyone else experiencing this?? Submitted my EAD request with AOS following K1 and marriage. Our NOA is May 26, 2022.

My question is related to this… what is my “immigration status” while I’m waiting on AOS to be approved? Is there an official title or should I just say “awaiting AOS approval”? When My K1 was approved, I was given a Welcome to America guide for permanent residents, but I will not be a permanent resident until I get AOS approval correct?

13 hours ago, Rocio0010 said:

Always better to be on the safe side and have a joint sponsor lined up. If they don’t ask, you don’t need to disclose this information, but if they do, then of course you should be honest and present the co- sponsor documentation.

About your work, while you’re waiting on your EAD, you can’t work, either for a US company or for a foreign company. Work is not allowed until you have your EAD. Period. If the ability to work was a concern, then the choice should have been CR1. Too late to change now, but this is good advice for future applicants.

I’m so glad I posted in this forum! I had no idea about this. I do read A LOT but I’ve never seen anything to that. Thank you so much. Do you know where I can find this information?
 

I have a question regarding the co-sponsor… it will be my fiancés dad. Since he is married, I assume that his wife’s name will be on the bank account statements. Will I therefore need a completed 1-134 for her as well? Or just his is ok?

2 minutes ago, Boiler said:

K1 is an odd choice in your situation, but probably too late to change.

 

You can try to expedite EAD but even if accepted will still take some time.

Yes absolutely an odd choice. Unfortunately, I didn't do my research and now that we're 2 years into this and at the last step before the K1 visa, it's too late to change. This whole thing has been insane. 

1 minute ago, JeanneAdil said:

you are not authorized to work on a K1 visa

u need to apply for the AOS,  EAD and AP to have the green card,,  work and travel outside the US

this is the big downfall of he K1 visa 

With a spouse visa ,  a person can work immediately

 

it will depend on CO if they accept his job but having  a joint sponsor lined up would be a good idea.

My job is with Canada, not USA. My plan is to quit my job once I get the authorization to work in the US. (and get a US based job)

Thanks for the info! 

My fiance and I have applied for the K1 Visa 2 years ago. We finally got the interview date (March 24), however, I'm a bit worried because he lost his job 1 year ago due to COVID and has just gotten a new job that is starting March 7th. It's a good salary (way above poverty line) but I'm worried that his statements from the bank will not show any deposits in the last year due to him being unemployed. He also went through his savings during this time. Will this cause a denial? Should we be looking for a co-sponsor? 

I am Canadian and am currently employed with an authorization to telework so I will continue to get paid throughout this process. My plan is to bring proof that I can support myself until the day I can work legally in the US but knowing that this isnt something they take into account, I'm worried that his proof of employement isn't enough since they are looking at his bank statements during the last year.

Hello! I’m wondering if anyone has used an immigration lawyer? I’m looking for one That comes recommended and I would like an attorney that has experience with the Specifics of immigrating from Canada to the US since it seems rules are different for Canada in some cases.

On 7/5/2020 at 7:25 AM, NikLR said:

The K1 ends up costing almost double of the CR1.  However in Canada, once the consulate is running again for interviews, the CR1 is taking almost twice as long to interview.   So you need to weigh your pros and cons not just with the list above but individual consulates. 

 

AOS can take over a year. During your wait for AP/EAD (4-7m) you may not be able to drive even, not just work or travel internationally. 

 

But with the very long backlog at Montreal right now, it may be 2 years or more for the CR1 from I-130 submission to interview.  During that time you can try to visit but you can't live together. 

 

However to add, the long wait makes it more and more likely people will be skipping ROC. 

Thank you for this info! I ended up deciding to wait it out on the K1. This might be a dumb question but what is ROC?

52 minutes ago, geowrian said:

You can continue to visit - subject to CBP inspection as always - with either visa option.

 

The inability to travel abroad means that once you enter on a K-1 visa, you can't leave (and return) until either you get Advance Parole (AP) or AOS approved (green card). If you do leave after entry on the K-1, your AOS application is deemed abandoned and you would have to start over from scratch with a CR-1 visa.

Oh wow. I didn’t know that! Thank you!

2 minutes ago, geowrian said:

Depends on your priorities and personal circumstances.

Is a 4-7+ month wait (or longer now) to work or travel abroad something you are comfortable living with? It's never optimal, but if it's something you can accept to be together more quickly, the K-1 makes sense.

When you say « travel abroad », does this mean that with the K1 visa application I can’t visit the US? I’m not worried about work, but I want to continue visiting while we wait on the visa.

btw, thank you so much for taking the time to respond. It’s the most helpful information I’ve gotten so far!

2 minutes ago, geowrian said:

I think what the lawyer was trying to get at is that you don't need a special visa to marry in the US. Nobody needs a K-1 to marry.

You do need a particular visa to allow you to enter with intent to stay in the US. That's where the K-1 comes into play - it's to enter, marry, and stay. If all you wanted to do was marry, leave, then get a spousal visa abroad, then you could do so just as a normal visitor.

 

A K-1 for Canadians often doesn't make sense IMO because of the ease of travel. It's better to plan a marriage on your own time, then go with a CR-1 (spousal) visa as it doesn't have all the drawbacks of a K-1 (mainly the work + travel restrictions for several months).

But some people prefer to live together from the moment of marriage, so that's where a K-1 is useful for a Canadian still (or if they are ineligible for visa-less entry and unable to get a visa).

 

That said...abandon the existing application, marry, then start over with a spousal case? And pay him $5000 to do so??

Unless there is some compelling reason - i.e. if you will need to work or travel - that's probably not the way to go now. I think he just wants your $$$.

 

Going back to your original question,. there is no limit to how many days you can be within the US. CBP often admits somebody for up to 6 months, but it can be as little as one day or as much as 1 year in limited cases. Each entry is separate. However:

1) If it looks like you are living in the US, CBP may deny you entry. As a general rule, one should spend at least more time outside the US than in it...twice as much being preferred. Typical visitors with compelling ties to return home aren't in the US for that long (unless they work along the border or something and cross regularly).

2) There are consequences for staying in the US more days than in Canada. First, you may become a US tax resident and have to file a return with the IRS. Second, you may lose provincial heath care coverage in Canada, or other benefits that rely on either residency or physical presence.

Thank you so much. This is so useful. In your opinion, should I:

abandon the K1 application, get married on our own and apply for the CR1 spouse visa

or 

stay the course with the K1 application.

wondering which of those options would save me the most time and I’d like to keep visiting In Massachusetts while we wait.

9 minutes ago, Lucky Cat said:

I agree that the attorney is steering you in the wrong direction...and trying to get you to spend money needlessly.  I agree with @Jorgedig..I do think that a K-1 is not always a good choice for a US-Canadian couple who can visit each other during the CR-1 process.  

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

K-1
    Slightly faster arrival in the US 
    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 5-6 months)    
    Spouse can not work until she/he receives EAD (approx 5-6 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.

  

CR-1
    Slightly slower arrival in the US 

    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.
  �

 

 

Thank you everyone! I feel so much better seeing you guys agree with me. I couldn’t believe what he was telling me!

So, I can’t find a thread on this. If one already exists, please let me know! I am a Canadian citizen and my boyfriend is American. We filed for K1 visa a few months ago on our own. We are waiting for NOA2. Today, I called « VisaPlace » to get some information about if I can spend more than 182 days in the states in a calendar year as a visitor. WELL, I got a lot more information from the lawyer, he basically told me I wasted my time applying for a K1 As Canadians don’t have to apply for K1 before getting married, it’s for countries that can’t enter the states without a visa. and that I could retain their services, they would void the K1 application and go directly to I-130. IM SO CONFUSED. Everything I read contradicted what the lawyer was telling me. I don’t know what to do. Should I continue on with the K1 process or pay $5k+ and retain immigration lawyer services so that they do the application for me and go straight to I-130? Anyone can help?

On 5/18/2020 at 6:00 PM, Zaraliaya said:

So, Ive been hearing a lot of people saying Canadians can visit the US, so I looked it up and found that the border closed thing, is only LAND based.

 

https://www.federalregister.gov/documents/2020/03/24/2020-06217/notification-of-temporary-travel-restrictions-applicable-to-land-ports-of-entry-and-ferries-service   --3rd Paragraph from bottom

 

https://help.cbp.gov/s/article/Article-1596?language=en_US   --scroll down to canadian restrictions

 

https://ca.usembassy.gov/travel-restrictions-fact-sheet/   --First question of Q&A

 

They all say we can fly there. What do you all think?

I was just on the line with « VisaPlace » and asked about flying in, the lawyer said « don’t », unless you’re a close relative or it is an emergency, they will most likely refuse you entry. I guess you can take the chance? Let me know if you took it!