Concern about having to stay in the US for three months! (and not being allowed to return to Canada)

[lewho 0]

I live in Windsor, Ontario and my fiance lives just outside Detroit, Michigan. Although we live in different countries, we are within such a close proximity to each other that we cross the border all the time. From what I understand, once I enter the US using the K1 Visa I am not allowed to return to Canada for three months? Is this correct? This is a problem for me because I work in Canada and I would like to continue working in order to make money. If I can't work in the US, am I just expected to sit around and do nothing until all this paperwork goes through? I understand that this works for other situations, but it's not exactly convenient for us. Has anyone been in this situation? Is there a way around it?

Thanks!

[payxibka 10,045]

I live in Windsor, Ontario and my fiance lives just outside Detroit, Michigan. Although we live in different countries, we are within such a close proximity to each other that we cross the border all the time. From what I understand, once I enter the US using the K1 Visa I am not allowed to return to Canada for three months? Is this correct? This is a problem for me because I work in Canada and I would like to continue working in order to make money. If I can't work in the US, am I just expected to sit around and do nothing until all this paperwork goes through? I understand that this works for other situations, but it's not exactly convenient for us. Has anyone been in this situation? Is there a way around it?

Thanks!

Then maybe a K-1 is not the right visa for you.... What about getting married first and then applying for a K-3/IR1... Not a perfect solution but maybe more palatable for you...

[Chica Yeyé 41]

I live in Windsor, Ontario and my fiance lives just outside Detroit, Michigan. Although we live in different countries, we are within such a close proximity to each other that we cross the border all the time. From what I understand, once I enter the US using the K1 Visa I am not allowed to return to Canada for three months? Is this correct? This is a problem for me because I work in Canada and I would like to continue working in order to make money. If I can't work in the US, am I just expected to sit around and do nothing until all this paperwork goes through? I understand that this works for other situations, but it's not exactly convenient for us. Has anyone been in this situation? Is there a way around it?

Thanks!

Once you enter the US with a K-1 visa, you get married and apply for the Adjustment of Status; at the same time you apply for your employment authorization EAD and your Advanced Parole (so you can travel). It is the way it works for everyone, loooooong waits with the crazy boredom of not being able to work for a while --- drop by the Canada forum, there's a lot of peepz there who are fantastic and can help you out.

Peace, Len.

[KimandRuss 0]

Once you activate the K1 at the border you can leave the country ...but you wont get back in. You will need to file for AP (I-131) which most do with AOS after marriage because it is included in the cost of adjusting. You can file independently and pay the fee but you will still need to be married first.

How long it takes will depend on how soon you get married after activating the K1 and how quickly you can file for it. You can get a better idea by looking at the timelines.

Yes, it's difficult and financially draining...but I suppose we are looking at it as an adjustment period and time together after living apart for so long. I can see why this is a problem for you.

[Euro 3]

I live in Windsor, Ontario and my fiance lives just outside Detroit, Michigan. Although we live in different countries, we are within such a close proximity to each other that we cross the border all the time. From what I understand, once I enter the US using the K1 Visa I am not allowed to return to Canada for three months? Is this correct? This is a problem for me because I work in Canada and I would like to continue working in order to make money. If I can't work in the US, am I just expected to sit around and do nothing until all this paperwork goes through? I understand that this works for other situations, but it's not exactly convenient for us. Has anyone been in this situation? Is there a way around it?

Thanks!

Then maybe a K-1 is not the right visa for you.... What about getting married first and then applying for a K-3/IR1... Not a perfect solution but maybe more palatable for you...

She still would'nt beable to work with a K3, the only way would be to get married & file a I-130 which leads to a IV , which in your case would be CR1

Edited June 18, 2008 by Euro

[Carlawarla 1]

I live in Windsor, Ontario and my fiance lives just outside Detroit, Michigan. Although we live in different countries, we are within such a close proximity to each other that we cross the border all the time. From what I understand, once I enter the US using the K1 Visa I am not allowed to return to Canada for three months? Is this correct? This is a problem for me because I work in Canada and I would like to continue working in order to make money. If I can't work in the US, am I just expected to sit around and do nothing until all this paperwork goes through? I understand that this works for other situations, but it's not exactly convenient for us. Has anyone been in this situation? Is there a way around it?

Thanks!

Come on over to the Canada forum and/or maybe someone will drop by who has done this. There are at least two Canadians who live in the US and work in Canada, and came into the US on a visa. I unfortunately, don't know which one they came down on! Where are you in the process right now?

[payxibka 10,045]

I live in Windsor, Ontario and my fiance lives just outside Detroit, Michigan. Although we live in different countries, we are within such a close proximity to each other that we cross the border all the time. From what I understand, once I enter the US using the K1 Visa I am not allowed to return to Canada for three months? Is this correct? This is a problem for me because I work in Canada and I would like to continue working in order to make money. If I can't work in the US, am I just expected to sit around and do nothing until all this paperwork goes through? I understand that this works for other situations, but it's not exactly convenient for us. Has anyone been in this situation? Is there a way around it?

Thanks!

Then maybe a K-1 is not the right visa for you.... What about getting married first and then applying for a K-3/IR1... Not a perfect solution but maybe more palatable for you...

She still would'nt beable to work with a K3, the only way would be to get married & file a I-130 which leads to a IV , which in your case would be CR1

but she could continue to work in Canada as a K-3 is a MULTI ENTRY visa...

[Kathryn41 3,205]

Welcome to VJ - and yes, join us in the Canada Forum. The rules for the K-1 fiance visa are very specific. Once you activate a K-1, you cannot leave the US until you receive either your green card or an AP (Advance Parole). You apply for both after you get married. The AP generally takes about 3 months to process. The green card - which is your permission to live and work in the US as a permanent resident - takes somewhat longer. If you leave the US before you receive either, you are considered to have abandoned the application to reside permanently in the US and you will not be allowed back into the US without a spousal visa.

Instead of pursuing the K-1 you might wish to look at a spousal visa. It would mean getting married first, then applying for a K-3 visa, which is a multiple entry visa that allows you to live in the US but leave the country and return without abandoning the application for permanent residency. Another option is to wait for a CR-I visa - that is basically applying for your permanent residency while staying in Canada. Once it is granted you can move to the US, get your green card and can live in the US while crossing the border daily to work in Canada.

Good luck in finding the right solution for your situation. Btw - I used to live in Chatham and crossed into Detroit to visit friends regularly too:-).

Edited June 18, 2008 by Kathryn41