K1 and working abroad

[Arcadia 0]

Hello everyone!

I am french and actually working in Canada. My american fiancee and I are going to get married next year. We already applied for the K1 visa. I read that i cannot leave the USA after we get married while i wait for my green card. Am I right? If so, does it mean i cannot keep my job in Canada while living in the USA after we get married? Or can we get married and not applied for a green card?

Thanks for your answers!

[Otto 83]

Do you intend to live in the US?

[Arcadia 0]

yes i think we would live in the US and I would commute to Canada everyday if that is possible.

[Old Dominion 26]

It's a very unusual situation. Your comings and goings would be monitored by the Border Patrol, so maybe you could check with the staff at the place you'll be crossing. I'm sure there is some special permit available. Otherwise, about 90 days after you apply for your green card, you can obtain the AP which will allow you to leave & enter the US (if you apply for it, no extra fee) until you have your green card.

[Otto 83]

yes i think we would live in the US and I would commute to Canada everyday if that is possible.

Technically - a K-1 entrant would not be permitted to re-enter the US without either the PR/Green Card or at least Advance Parole (AP). Canada/US borders seem to be treated differently than Mexico or any other POE so it might be possible to do what you're saying, but technically it would not be advisable to leave without either the PR/Green Card or AP.

[Arcadia 0]

How about me living in Canada after i get married until i get my green card and then move to the US once i get it? Would that be possible?

[Otto 83]

How about me living in Canada after i get married until i get my green card and then move to the US once i get it? Would that be possible?

No - also not advisable (technically not possible to obtain a permanent residency status from outside the country). Unless you had AP (Advance Parole before you left the US).

One very possible solution would be to follow the CR-1 Visa path (for married couples) - once approved, you would enter the US and your PR/Green Card would be sent to you within a couple of weeks. Or a K-3 Visa (also for married couples) - it's a multiple entry visa (K-1 is single entry only).

[Inky 1,110]

A K-1 visa is to move to the USA to get married. You have to stay there once you get there.

I think you might want to look at another visa maybe or get married and stay in canada? What you are looking to do is very difficult and as others have said will be very difficult to cross the border.

" The K-1 visa allows a fiancé(e) to enter the United States one time only. If you leave the United States after entering on a K-1 visa, you may not re-enter on the same visa. If you want to leave and re-enter the United States, you should apply with Form I-131 Application for Travel Document to the USCIS office that serves the area where you live for advance parole to return to the United States. See Emergency Travel for information on how to get a travel document that allows you to return to the United States. "

[Arcadia 0]

How about me living in Canada after i get married until i get my green card and then move to the US once i get it? Would that be possible?

No - also not advisable (technically not possible to obtain a permanent residency status from outside the country). Unless you had AP (Advance Parole before you left the US).

One very possible solution would be to follow the CR-1 Visa path (for married couples) - once approved, you would enter the US and your PR/Green Card would be sent to you within a couple of weeks. Or a K-3 Visa (also for married couples) - it's a multiple entry visa (K-1 is single entry only).

Is it possible to switch from a K1 visa to a K3 visa? We got the NOA1 for the K1 visa a week ago. Thanks!

[Stephen + Elisha 92]

Is it possible to switch from a K1 visa to a K3 visa? We got the NOA1 for the K1 visa a week ago. Thanks!

No, it's not possible to switch. You can write a letter to the service center to withdraw your K1 petition, get married, and refile using an I-130 for a CR-1 immigrant spouse visa. (The K3 is essentially obsolete and not worth pursuing in the vast majority of cases - see http://www.fianceandspousevisa.com/Visa_FAQ.html.)