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Posted

Thank you to Every one that replied to my first post!!!

I really appreciate your help! Here is another question…since we do not want to wait 6 months, what if we got married in the US and then applied for a K3 VISA?

I believe that I can stay in the US while we wait but can not return to Canada without permission. Is this correct?

What do people recommend about this option?

What are the negative ramifications of this?

What is the timeline and can I work without having a K3 VISA?

Filed: IR-1/CR-1 Visa Country: Canada
Timeline
Posted

Have u read any of the stickies in the K3/cr-1 forums?? Soo much good info there, hate seeing it goto waste!

After filing any of the visas u can visit the USA with POE approval! Going back to Canada isnt the problem, its getting into the usa while the process is ongoing!!

Say u go the K1 fiance visa route! Thats the visa where it is a 1 time entry into the USA and u cant leave the USA until u complete AOS or get AP

K3 is multiple entry, so can go and come back with no problems, BUT cant work until u get work authorization (EAD) and that takes awhile

CR-1 is multiple entry and u can work right off the bat. Both the k3 and cr-1 take longer to get than the k1. There are pluses and minues of each, and u have to figure out which is best for your situation!! Best of luck

Canadians Visiting the USA while undergoing the visa process, my free advice:

1) Always tell the TRUTH. never lie to the POE officer

2) Be confident in ur replies

3) keep ur response short and to the point, don't tell ur life story!!

4) look the POE officer in the eye when speaking to them. They are looking for people lieing and have been trained to find them!

5) Pack light! No job resumes with you

6) Bring ties to Canada (letter from employer when ur expected back at work, lease, etc etc)

7) Always be polite, being rude isn't going to get ya anywhere, and could make things worse!!

8) Have a plan in case u do get denied (be polite) It wont harm ur visa application if ur denied,that is if ur polite and didn't lie! Refer to #1

Filed: AOS (pnd) Country: Canada
Timeline
Posted

you can "visit" the US while you are waiting for your K-3 visa, you can go back to Canada any time you wish but you may not be allowed back in until your visa is approved. You will have to return to Canada to do the Visa interview. Also, if you choose the K-3 you will not be able to work until the visa is approved, then you apply for work authorization which takes approximately 3 months to process. So, that could be a year of no work if you reside in the US the entire time.

I am not familiar with the CR-1/IR-1 so I can't really give you any input on that one.

K-1 Process

I-129F Sent : 2007-04-28

I-129F NOA1 :2007-06-05

I-129F RFE(s) :2007-10-28

RFE Reply(s) :2007-11-05

I-129F NOA2 :2007-11-28

NVC Received : 2007-12-20

NVC Left :2007-12-27 (due to holidays :P)

Consulate Received :2007/12/28 (Vancouver)

Packet 3 Received :2008-01-07

Packet 3 Sent :2008-01-07

Packet 4 Received :2008-01-14

Interview Date :2008-02-11

Visa Received :2008-02-13

US Entry :2008-02-20

Marriage :2008-02-26

Wedding Ceremony: 2008-05-03

Adjustment of Status 4105.gif

CIS Office : Saint Louis MO

Date Filed : 2008-03-09

NOA: 2008-03-15

RFE(s) : 2008-03-29

Bio. Appt. : 2008-04-01

Touched: 04/01 - 04/02 - 04/16 - 04/17 - 04/18 - 04/21 - 05/06 - 05/07 - 05/08

Transferred to CSC: 2008-04-30

APPROVED!! : 2008-06-18

Employment Authorization Document

CIS Office : Chicago National Office

Filing Method :Mail

Date Filed : 2008-03-09

NOA: 2008-03-15

Bio. Appt. : 2008-04-01

Approved: 2008-05-12

Advance Parole

CIS Office : Chicago National Office

Filing Method : Mail

Date Filed : 2008-03-09

NOA: 2008-03-15

Approved: 2008-05-12

Filed: AOS (pnd) Country: Canada
Timeline
Posted
CLICK ME! <-- this link could help answer a lot of your questions.

K-1 Process

I-129F Sent : 2007-04-28

I-129F NOA1 :2007-06-05

I-129F RFE(s) :2007-10-28

RFE Reply(s) :2007-11-05

I-129F NOA2 :2007-11-28

NVC Received : 2007-12-20

NVC Left :2007-12-27 (due to holidays :P)

Consulate Received :2007/12/28 (Vancouver)

Packet 3 Received :2008-01-07

Packet 3 Sent :2008-01-07

Packet 4 Received :2008-01-14

Interview Date :2008-02-11

Visa Received :2008-02-13

US Entry :2008-02-20

Marriage :2008-02-26

Wedding Ceremony: 2008-05-03

Adjustment of Status 4105.gif

CIS Office : Saint Louis MO

Date Filed : 2008-03-09

NOA: 2008-03-15

RFE(s) : 2008-03-29

Bio. Appt. : 2008-04-01

Touched: 04/01 - 04/02 - 04/16 - 04/17 - 04/18 - 04/21 - 05/06 - 05/07 - 05/08

Transferred to CSC: 2008-04-30

APPROVED!! : 2008-06-18

Employment Authorization Document

CIS Office : Chicago National Office

Filing Method :Mail

Date Filed : 2008-03-09

NOA: 2008-03-15

Bio. Appt. : 2008-04-01

Approved: 2008-05-12

Advance Parole

CIS Office : Chicago National Office

Filing Method : Mail

Date Filed : 2008-03-09

NOA: 2008-03-15

Approved: 2008-05-12

Filed: Other Timeline
Posted (edited)

You cannot apply for the K3 and stay the whole time in the US. The K3 is intended for beneificaries who live outside the US, and they typically cannot legally reside in the US until the K3 has been issued. I'm guessing you're just confused by terminology.

K1 = Fiancee visa. For this you are not currently married, nor living in the US. Once you've been issued this visa you can enter the US, get married within 90 days and stay to adjust status. K1 is single entry visa, and you cann't leave the US unless/until you get AP or green card. Extremely costly.

K3 = you are already married to a US citizen but not living in the US, once you are granted the visa from outside the US, and you enter the US, you then apply for adjustment of status and EAD. Mulitple entry visa for 2 years come and go as you please. Extremely costly.

CR1 = you are married to a US citizen, but not living in the US, marriage based immigrant visa, once issued from outside the US, you are eligible to work and stay for 2 years. Near he 2 year expiry you apply to remove conditions to receive the 10 year green card. Less costly.

Adjustment of Status from within the US = hypothetically, you've gone to the US for vactation, boyfriend pops the question after a few weeks and you decide to get married and stay. You apply for adjusment of status (ie: green card). You can live and stay in the US while waiting to be processed, however you can't work until your EAD has been granted, and leaving the US (even with AP) may or may not be advisable. Burden of proof at the interview that when you entered the US you did not intend to stay can sometimes be tricky. Weigh all your options and pros and cons of each. If you are denied AOS from a tourist status, there is little room (none IIRC) for appeal, if denied you will be deported.

Edited by Reba

divorced - April 2010 moved back to Ontario May 2010 and surrendered green card

PLEASE DO NOT PRIVATE MESSAGE ME OR EMAIL ME. I HAVE NO IDEA ABOUT CURRENT US IMMIGRATION PROCEDURES!!!!!

Filed: IR-1/CR-1 Visa Country: Canada
Timeline
Posted

yes, u can't "live" in the usa , but u can (At POE officers approval) "visit" up to 6 months in the USA. But the cr-1/k3 are taking longer than 6 months!

Canadians Visiting the USA while undergoing the visa process, my free advice:

1) Always tell the TRUTH. never lie to the POE officer

2) Be confident in ur replies

3) keep ur response short and to the point, don't tell ur life story!!

4) look the POE officer in the eye when speaking to them. They are looking for people lieing and have been trained to find them!

5) Pack light! No job resumes with you

6) Bring ties to Canada (letter from employer when ur expected back at work, lease, etc etc)

7) Always be polite, being rude isn't going to get ya anywhere, and could make things worse!!

8) Have a plan in case u do get denied (be polite) It wont harm ur visa application if ur denied,that is if ur polite and didn't lie! Refer to #1

 
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