Ok VJ friends, I need some advice,

[pocheros 101]

I should have clarified my post a bit more since the OP is new. What I meant is when a K1 arrives in the USA on their visa, that is AFTER they've gone through the whole process and had their interview, they can't cross the US border to visit Canada (or any other country for that matter) until they apply for advance parole (which you usually do in conjunction with the green card and work permit applications, which costs $1,000.) DURING the application process, however, it does not matter if you are a K1 or a CR1, you can still cross the border (as long as you can convince the border patrol officer you're not going to circumvent the visa process and start living in the USA illegally.)

However, unlike a fiance visa, upon the receipt of a CR1 visa the spouse may travel freely without having to apply for anything, and in addition to their visa they will also receive a green card. A K1 receives their visa first which just allows them to enter the USA, and then the K1 applies for the green card, work permit, and permission to travel outside the country.

So this distinction only matters if you're concerned about travel AFTER the Canadian fiance/spouse arrives in the USA on their visa, where they will settle down and reside there as a permanent resident. During the process, both K1s and CR1s can cross the border.

Sorry if my initial post was confusing! Sometimes I forget that people can't read my mind

Edited October 20, 2011 by pocheros

[frostiana 12]

I should have clarified my post a bit more since the OP is new. What I meant is when a K1 arrives in the USA on their visa, that is AFTER they've gone through the whole process and had their interview, they can't cross the US border to visit Canada (or any other country for that matter) until they apply for advance parole (which you usually do in conjunction with the green card and work permit applications, which costs $1,000.) DURING the application process, however, it does not matter if you are a K1 or a CR1, you can still cross the border (as long as you can convince the border patrol officer you're not going to circumvent the visa process and start living in the USA illegally.)

However, unlike a fiance visa, upon the receipt of a CR1 visa the spouse may travel freely without having to apply for anything, and in addition to their visa they will also receive a green card. A K1 receives their visa first which just allows them to enter the USA, and then the K1 applies for the green card, work permit, and permission to travel outside the country.

So this distinction only matters if you're concerned about travel AFTER the Canadian fiance/spouse arrives in the USA on their visa, where they will settle down and reside there as a permanent resident. During the process, both K1s and CR1s can cross the border.

Sorry if my initial post was confusing! Sometimes I forget that people can't read my mind

Pocheros... I sure wish I would have talked to you before I ever started this process... I would have got married first instead of doing the K1..... even psychologically... you're married, it's done... that stress is over!!! but that's just an aside... it would have been so much easier and I live in Windsor and it would have been great to be able to come back here right away, I have an elderly mother. If anyone asked my opinion, I would say get married first if that works for you. Our lawyer advised us not to because he said the government doesn't like to see "square pegs in a round hole" ... but I think with my elderly mother and our close proximity (we live 50 miles apart) we had every reason to get married before starting the process.

Just my input on this process.. so much is learned during the journey that you wish you knew at the beginning. Thanks for everyone's help based on experience.

Frosty

[pocheros 101]

Pocheros... I sure wish I would have talked to you before I ever started this process... I would have got married first instead of doing the K1..... even psychologically... you're married, it's done... that stress is over!!! but that's just an aside... it would have been so much easier and I live in Windsor and it would have been great to be able to come back here right away, I have an elderly mother. If anyone asked my opinion, I would say get married first if that works for you. Our lawyer advised us not to because he said the government doesn't like to see "square pegs in a round hole" ... but I think with my elderly mother and our close proximity (we live 50 miles apart) we had every reason to get married before starting the process.

Just my input on this process.. so much is learned during the journey that you wish you knew at the beginning. Thanks for everyone's help based on experience.

Frosty

That sucks, Frosty I don't want to knock all lawyers but it seems like the Candian VJers around here always get screwed by them. A lot of them don't seem to know anything! I talked to a guy on the day of my interview who said his lawyer told him he would get his visa and be able to make his POE on the very same day. And my friend knows another couple who started the K1 process, and then in the middle of the process their lawyer advised them to get married to speed it all up. It didn't work out well for them obviously! How can people sell these services and be comfortable about it when they're not even helping their clients? They're dealing with people's lives and families...

Edited October 27, 2011 by pocheros

[Flames9_RN 358]

That sucks, Frosty I don't want to knock all lawyers but it seems like the Candian VJers around here always get screwed by them. A lot of them don't seem to know anything! I talked to a guy on the day of my interview who said his lawyer told him he would get his visa and be able to make his POE on the very same day. And my friend knows another couple who started the K1 process, and then in the middle of the process their lawyer advised them to get married to speed it all up. It didn't work out well for them obviously! How can people sell these services and be comfortable about it when they're not even helping their clients? They're dealing with people's lives and families...

At 1 time you did get the Visa back the very same day in Mtl! But that changed in 2006 I think. Many of them just do not keep up with the times and some just do not care!! And in majority of cases, all they are is $$$$$ paperwork proof readers