Clarification on options

[Pete and Katelyn 0]

When you receive a K-1 visa you have 6 months to enter the US. Once you've entered the US and activated the visa, you have 90 days to get your tush to a chapel/court house, etc and get married.

If you get married ASAP (I got married within 2 business days of arriving) you can file for AOS (including Advanced Parole -aka freedom to leave before GC received-- and an Employment Authorization Document) basically immediately. Get all the paperwork in order before you come down, get the court house to make a certified copy (or two, or several) of your marriage certificate before they take it away to be put in the county records.

You could conceivably send off your AOS package within a week of arriving in the US, if you get your ducks in order. If you have a lot of time to kill before you enter the US after you've got your visa in hand, it would be worth it to have an AOS package in a can -- add marriage certificate and stir.

The K-1 theoretically gives you immediate permission to work once you land in the US. The SSN policy document (available from VJ for download) explicitly states that K-1s are allowed to work 'by class of visa' and take that with you to the SSN office and hit them with it if they balk at giving you your SSN.

It takes about 3 months for the AOS package application to cough up an EAD and AP, so timing is everything if working is your priority. I sent in my AOS package in July, and despite getting a Request for Intial Evidence which slowed things down, I got my EAD/AP in September and GC in hand in November.

The bottom line for you is choosing which tradeoff you're going to take. K-1 -- get there faster, have a normal wedding, but unable to work for months (many employers will only accept a GC) or go with the CR-1 -- Work right away, but must get a quickie marriage and be immediately separated for longer.

Edit: I spel gud, and holy beaten to the punch while typing!

NOTE: K-1 is not a work visa, it is a fiancee visa for entry to the USA and marriage, K-1 is "Work Auth" primarily to be able to get the SSN, some states are strict in their interpretation of a federal law that requires persons applying for a "license" to have SSN, this can cause a problem with marriage license if only one person has SSN and the other (the K-1 holder) does not.

You may want to look carefully at form I-90.

The SSN will be marked "Valid with DHS auth only" This indicates that an item in column A and B will be needed to prove work authorization.

http://www.uscis.gov/portal/site/uscis/men...00045f3d6a1RCRD

Employers can use e-verify to confirm work auth, a K-1 wont have it unless they have "EAD" stamp, EAD card, or Green-card. http://www.uscis.gov/portal/site/uscis/men...0004718190aRCRD

USCIS tells SSA to treat K-1 as work auth so that the K-1 can get SSN.

So, to try and clarify what you are saying - The K1 allows me to get an SSN but isn't in itself a work visa. I would plan to arrive only a few days before the wedding so that I could get on with the AOS process straight away but I understand that I would need a SSN to get a marriage license correct? So the plan of action would be to arrive in the country, get the SSN, get married, put in the papers for the AOS, EAD and AP and then wait around until the EAD comes through. I don't intend to work in the US on my K1 visa before getting married (that is if I go ahead with this idea).

The CR-1 would be ideal but due to various family situations, running off and eloping is a last option for now so if I were to go with the CR-1 then it would add another 6 months to a year onto things.

Again, thanks to all for the help. Its a big relief to find somewhere online where you can get sound advice on these matters

I got married in PA and you do NOT require an SSN # to obtain a marriage license in this state. I got married first and applied for my SSN a few weeks after! Good luck!

Well thats great to know as my girlfriend lives in PA! Thanks!

[SapphireDreams 71]

Also keep in mind that you can collect Canadian EI the first 90 days you enter and then again once you get your EAD. So, at least you wouldn't be completely without income.

[Pete and Katelyn 0]

Also keep in mind that you can collect Canadian EI the first 90 days you enter and then again once you get your EAD. So, at least you wouldn't be completely without income.

Wow I never knew that. I thought EI was only paid out if you involuntarily left your job (and that seems to be what I'm reading upon googling it)...can someone point me in the direction of where I would apply for this from the US?

[SapphireDreams 71]

Also keep in mind that you can collect Canadian EI the first 90 days you enter and then again once you get your EAD. So, at least you wouldn't be completely without income.

Wow I never knew that. I thought EI was only paid out if you involuntarily left your job (and that seems to be what I'm reading upon googling it)...can someone point me in the direction of where I would apply for this from the US?

There is a pinned thread with a lot of information at the top of the Canada forum.. it's long, but worth a read if you have time

Technically, you are leaving your job to move with a spouse, so that is not entirely voluntary - I mean it's not a guarantee you'll be approved, but from other experiences on here, it doesn't seem that hard You also get taxed a bit more, but its still something!

[JillA 2]

Also keep in mind that you can collect Canadian EI the first 90 days you enter and then again once you get your EAD. So, at least you wouldn't be completely without income.

Wow I never knew that. I thought EI was only paid out if you involuntarily left your job (and that seems to be what I'm reading upon googling it)...can someone point me in the direction of where I would apply for this from the US?

It's great, as I'm getting EI now I applied on line, here are some links for you to read about it and how to apply:

http://www1.servicecanada.gc.ca/en/ei/publ...tsidecanada.pdf

http://www.hrsdc.gc.ca/en/ei/types/regular.shtml

http://www1.servicecanada.gc.ca/en/ei/appl..._preamble.shtml

There is a "pinned" EI thread on the top of VJ Canada page, take some time to read through there as well. You will need the ROE from your last/current employer in Canada and also a copy of the Visa and I-94. Also, your last day of work has to be within 30 days of you moving, i.e. if you quit your job july 15th and apply august 30th you are no longer eligible. You have to apply by August 15th, as an example.

[Galateia 1]

Also keep in mind that you can collect Canadian EI the first 90 days you enter and then again once you get your EAD. So, at least you wouldn't be completely without income.

Wow I never knew that. I thought EI was only paid out if you involuntarily left your job (and that seems to be what I'm reading upon googling it)...can someone point me in the direction of where I would apply for this from the US?

There is a pinned thread with a lot of information at the top of the Canada forum.. it's long, but worth a read if you have time

Technically, you are leaving your job to move with a spouse, so that is not entirely voluntary - I mean it's not a guarantee you'll be approved, but from other experiences on here, it doesn't seem that hard You also get taxed a bit more, but its still something!

This is what I was getting at with the YMMV nature of the "work authorization" that K-1s may or may not have depending on who you talk to. Some EI caseworkers will accept it (mine did) and some don't (see EI thread). If you want to apply for EI, you will need to make it crystal-clear to your employers that they have to put down "relocation to be with spouse" in your Reason For Leaving box on your Record Of Employment. I think that there is some sort of dealie that if your company can offer you a transfer spot with the company's local branch in your spouse's city, you have to take it or it's not involuntarily leaving the company, but I can't remember where I heard that from so best to ignore it. Something about the company not being able to give you a spot in the new city and thus you wouldn't be leaving them if they could offer you one. Who knows. Bottom line is, relocating to join your spouse is not "quitting" so make sure they don't goof that on your ROE.

Once your visa is activated and you have your unexpired I-94, apply online at the Canadian EI site ASAP. Don't wait for your ROE to come in the mail, the pay out is from the day you apply, not the day you mail in all the supporting documentation. Your case will just be pending until they get all the supporting documentation in hand, and they'll back-date the payments to the day you actually applied online.

Very handy, eh?

Honestly, if I were to do this process again I would go the CR-1 route. We're planning on having a 'real' wedding someday anyway, and it would have saved me a TON of stress and hysteria paperwork-wise and a lot of depression once I got down here and was trapped with nothing to do but wait for the US government to give me permission to have a life. The peace of mind knowing you can just pick up and move when you please and be a real human right away is worth waiting a few more months.

Sounds crusty, I know, but don't underestimate how soul-crushing the limbo period can be if you go a K route. Someone recently posted an insulting thread about how people who don't make the best of the limbo period and who choose to get EI on a K-1 while waiting for their EAD were basically lazy mooching losers --- they got an earful about their naivete about the process and their underestimation of how miserable the limbo period can be. From the responses on that thread and through PMs, it looks like very few escape the limbo period without serious distress.

Just something to factor in when weighing your options.

[Flames9_RN 358]

In some cases, there doesnt seem to be much time difference between the k1, k3 or cr-1 visas! The Cr-1 can be a lot less stressful visa than the others, as there are no questions if ur able to work, or leave the USA, or able to get EI. But the situation differs for everyone!! I came on a cr-1 didnt want to worry about AOS, EAD, etc etc

[Pete and Katelyn 0]

In some cases, there doesnt seem to be much time difference between the k1, k3 or cr-1 visas! The Cr-1 can be a lot less stressful visa than the others, as there are no questions if ur able to work, or leave the USA, or able to get EI. But the situation differs for everyone!! I came on a cr-1 didnt want to worry about AOS, EAD, etc etc

In my circumstances it would take longer to get the CR1 as we can't get married right away due to certain family dynamics on both sides. By the time we did get married and apply for the CR1 it would maybe take 6 months to a year longer than if we did the K1 application and then get married.

I understand that the K1 route is more complicated and stressful (and I certainly understand what 3 months of unemployment can do to someone, I've been unemployed for 6 weeks when I first came to Canada from the UK and that drove me insane) but in the end at this point in time I feel the K1 may be the best way for me to go despite the downsides of it.

[JillA 2]

In some cases, there doesnt seem to be much time difference between the k1, k3 or cr-1 visas! The Cr-1 can be a lot less stressful visa than the others, as there are no questions if ur able to work, or leave the USA, or able to get EI. But the situation differs for everyone!! I came on a cr-1 didnt want to worry about AOS, EAD, etc etc

In my circumstances it would take longer to get the CR1 as we can't get married right away due to certain family dynamics on both sides. By the time we did get married and apply for the CR1 it would maybe take 6 months to a year longer than if we did the K1 application and then get married.

I understand that the K1 route is more complicated and stressful (and I certainly understand what 3 months of unemployment can do to someone, I've been unemployed for 6 weeks when I first came to Canada from the UK and that drove me insane) but in the end at this point in time I feel the K1 may be the best way for me to go despite the downsides of it.

I came here on a K-1 and it went very well thus far Yes not being able to work is a bit dreary, but I say enjoy the time off while you can. Explore your new neighborhood, get to know the area, you can volunteer and do lots of things while you're not working. Of course with being able to get EI it can help you financially as well. My hubby enjoys dinner on the table every night that's for sure

[BermyCat 1]

So far, volunteering is really helping me with the limbo period. I get out of the house and interact with other people. I was able to bring my car with me when I came here also which was a great help.

~ Catherine

[Flames9_RN 358]

I have been her in the USA since dec 2004 and haven't worked,lol But I guess school counts, but that ends this may, then back to reality,lol