Moving to another country after filing

[Azzudiin 26]

Here's the problem

Sent in 129f, have not even had check cashed yet, and today my company offers me a rather hefty promotion to take over its canadian division.

If I accept, it would be on a renewable 3 year work Visa to Canada, my residency would remain in the US though I would be living in Canada 95% of the time. If I accept this position how would this effect our K1, and secondly once K1 approved would it even be possible for fiance to go to Canada once she is here in US?

Hoping someone has experienced something similiar before.

[KimandRuss 0]

A K-1 is for someone wishing to marry and obtain legal residence in the U.S. based on marriage to a USC. Once your fiance is here and you are married you can apply for AOS but she can not leave the Country until she has AP...well, she can leave...she just can't get back in.

Her residency in Canada is an entirely different process.

[Gary and Alla 3,694]

Here's the problem

Sent in 129f, have not even had check cashed yet, and today my company offers me a rather hefty promotion to take over its canadian division.

If I accept, it would be on a renewable 3 year work Visa to Canada, my residency would remain in the US though I would be living in Canada 95% of the time. If I accept this position how would this effect our K1, and secondly once K1 approved would it even be possible for fiance to go to Canada once she is here in US?

Hoping someone has experienced something similiar before.

To file a K-1 you must have a US address. You can live in another country, but need to maintain an address in the USA. Your fiancee, when she arrives, will not be able to leave until she has an AP or adjusts status. Either can take 2-6 months (probably more like 2-3 months for the AP) She would have to be in the USA for her AOS interview and biometrics appointments. After her AOS she will need advance permission to be out of the US for more than 12 months.

[YuAndDan 153]

This is an ugly one.

K-1 is a single entry visa for ONE entry to the USA only, once the K-1 is in the USA the must marrywith 90 days or return to home country.

Once the K-1 marries they must file I-485 and perhaps I-765 and I-131 for AP doc. The K-1 CANNOT neave the USA without AP doc or Green-card in hand.

Note: Canada WILL require a person from China to have a visitor's visa AND AP document to visit Canada, once the Chinese national has green-card they can visit Canada without a visa.

One last note: A green-card is for residency in the USA, the green-card will be a conditional one, one condition is that you share a resident together, this may be a problem with you having a job and residency in Canada, and the Green-card holder having to maintain residency in the USA to be able to hold the green-card.

Green-card holders are allowed to reside in a foreign country, in limited cases like a (US Government job).

[YuAndDan 153]

Here's the problem

Sent in 129f, have not even had check cashed yet, and today my company offers me a rather hefty promotion to take over its canadian division.

If I accept, it would be on a renewable 3 year work Visa to Canada, my residency would remain in the US though I would be living in Canada 95% of the time. If I accept this position how would this effect our K1, and secondly once K1 approved would it even be possible for fiance to go to Canada once she is here in US?

Hoping someone has experienced something similiar before.

To file a K-1 you must have a US address. You can live in another country, but need to maintain an address in the USA. Your fiancee, when she arrives, will not be able to leave until she has an AP or adjusts status. Either can take 2-6 months (probably more like 2-3 months for the AP) She would have to be in the USA for her AOS interview and biometrics appointments. After her AOS she will need advance permission to be out of the US for more than 12 months.

NOT "Advance permission" it is called a Re-entry permit. And the re-entry permit has to do with remaining out of teh country for an extended period that were beyond the US resident's control.

[Ed+Cindy 1]

Here's the problem

Sent in 129f, have not even had check cashed yet, and today my company offers me a rather hefty promotion to take over its canadian division.

If I accept, it would be on a renewable 3 year work Visa to Canada, my residency would remain in the US though I would be living in Canada 95% of the time. If I accept this position how would this effect our K1, and secondly once K1 approved would it even be possible for fiance to go to Canada once she is here in US?

Hoping someone has experienced something similiar before.

For living in Canada...usually if a company will sponsor you for a work visa, they 'should' sponsor your wife too.

If you won't live in the US, its not worth pursuing any kind of immigrate visa for your fiance, as it won't do you any good in Canada and there are residency requirements to maintain the Green Card.

This is really something you need to ask Canada, and also if your employer will sponsor a non-US citizen wife.

[Krikit 1,164]

Congratulations! Here are some helpful links for you:

Road to Canada

Citizenship & Immigration Canada