Skip K-1? K-3 Useless? Please Help me!

[Sol88 0]

I (Male US Citizen) am looking into options of bringing my (Female Canadian Citizen) girlfriend into the USA.

I have been looking for work in Canada to try and get a work permit, but Canada's government has a setup to make that relatively difficult if not near impossible compared to their friendliness with Europe.

My Questions are as follows:

If Canadian's can visit the USA for "free" up to 6 months, Do we need the K-1 Visa at all? It looks like it's meant for countries without the "no-visa needed" thing

If my girlfriend comes into the USA on tourist visa thing, and we get married at a courthouse in USA legally; afterwards can we apply directly for the IR-1/ CR-1 Visa/permit or must she return to Canada first?

What are the differences between CR-1 & IR-1? They are not openly listed.

Also, I've been reading reports that K-3 is generally not used? But then I've read it has benefits like a two year permitted entry? Any info on what's going on with this?

I've been researching like mad, but still generally lost, I'd like to be the special case today, please tell me what do I do?

Edited October 10, 2012 by Sol88

[Cathi 5,748]

cr-1 is conditional visa for people who have been married less than 2 years. IR-1 is for people married more than 2 years. K-3 is obsolete and no longer used(not sure why it is still listed as an option)as it was used years ago when it took a very long time to process a spouse visa.

[Ryan H 3,812]

If Canadian's can visit the USA for "free" up to 6 months, Do we need the K-1 Visa at all? It looks like it's meant for countries without the "no-visa needed" thing

If she is planning to come to the US, marry you, and then stay in the US after marrying you, then yes, she will require a K1 visa.

If my girlfriend comes into the USA on tourist visa thing, and we get married at a courthouse in USA legally; afterwards can we apply directly for the IR-1/ CR-1 Visa/permit or must she return to Canada first?

You can file the petition as soon as you have the marriage certificate (she will apply for a visa at a later time). She would have to return to Canada at the end of her authorized stay.

What are the differences between CR-1 & IR-1? They are not openly listed.

A CR-1 visa is issued to a foreign spouse if they have been married for less than two years to their US Citizen petitioner. An IR-1 visa is issued to a foreign spouse if they have been married for two or more years to their US Citizen petitioner. Holders of both visas will receive a green card on arrival. Here's the major difference, a CR-1 visa holder's green card will only be valid for 2 years. 90 days before that card expires, the person will need to file to remove conditions on residency, upon completion of the Removal of Conditions process, the person will be issued a green card valid for 10 years. IR-1 visa holders are issued a green card that is valid for 10 years upon entry, no need to remove conditions.

Also, I've been reading reports that K-3 is generally not used? But then I've read it has benefits like a two year permitted entry? Any info on what's going on with this?

The K3 allows two years of authorized stay and multiple entries; that two year period can also be extended (extensions would not be granted indefinitely); a K3 visa holder would ultimately need to file for Adjustment of Status in order to obtain a green card.

While the K3 still remains on the books, it's virtually unobtainable; here's why: Since 2006, USCIS ties an I-129F filed to start the K3 process together with the I-130 by pulling said I-130 from it's current place in the queue and placing it with the I-129F that was just submitted. USCIS usually makes an adjudication decision on both petitions at the same time. If both are approved, they are sent to the NVC at the same time. In February 2010, the NVC implemented a policy that states if they have an I-130 on station when and I-129F for K3 is received, then the K3 process is administratively closed and the CR-1 (or IR-1) process remains active. The NVC usually receives both petitions from USCIS at the same time which triggers this policy, this policy is also triggered if the I-130 arrives at the NVC first. Sometimes, and I-129F filed to start the K3 process will arrive at the NVC first and in this scenario, the K3 process can go forward (although the couple will have a choice as to which visa they ultimately wish to pursue). However, cases of the I-129F arriving at the NVC ahead of the I-130 appear to be few and far between.

[Ryan H 3,812]

K-3 is obsolete and no longer used(not sure why it is still listed as an option)

It is still listed as an option because the provision in the LIFE Act that created it has never been repealed. Therefore, the K3 remains on the books even though it is virtually unobtainable in practice.

[Sol88 0]

she will require a K1 visa.

She would have to return to Canada at the end of her authorized stay.

Thank you Ryan H., We met in Beijing, China and stayed there for a year and a half so we're used to ridiculous visa requirements.

What I am getting from you is that we need to file a K-1, then file a CR-1? Is that correct?

[Ryan H 3,812]

What I am getting from you is that we need to file a K-1, then file a CR-1? Is that correct?

No, if you go the K1 route, she would have to file for Adjustment of Status after you get married and you would have to get married within 90 days of her arrival on a K1 visa.

If you go the CR-1 route, she can come down, you two get married, and she would have to return to Canada at the end of her authorized stay. The petition to start the CR-1 process can be filed as soon as you have the marriage certificate (you would need to submit a photocopy of it).

[jenniferjones101 19]

In my personal opinion, I highly recommend filing the CR-1 Visa rather than the K-1 Fiance Visa. My husband and I looked into both options and found that getting married first, then filing, is the easiest (and sometimes quicker) way of getting your loved one to the U.S. Look into both processes and I think you'll see what I mean.

For a K-1, you file for the Fiance Visa, wait 5-7 months for approval (often longer), pay fees, then your Fiance comes to the US, you marry within 90 days, file an Adjustment of Status (from a Fiance to Spouse), pay more application fees, file an Employment Authorization application so she can work (which takes around 3 more months, I think) and pay more fees again! Many K-1 filers end up waiting the same amount of time, or longer, than many CR-1 filers (K-1 visas used to be faster approval)

For a CR-1, you get married and then your foreign spouse has to go back to his/her own country while you file (small sacrifice in the long run and you can still travel and make visits while your CR-1 is in process) and pay one application fee. Once you complete the entire visa process (if you look at my timeline, my husband and I are at almost 6 months exactly since the start of our visa journey), your spouse enters the US as a Lawful Permanent Resident...no more paperwork to file. They get their Green Card in the mail automatically, can immediately get their SSN, and have the right to work in the US from the moment they arrive.

My husband and I have been at this less than 6 months and when he comes to the US at the end of the month, we are done! No more paperwork, fees, nothing! And we made a few visiting trips to see each other in between and didn't have a single issue traveling on a tourist visa while our CR-1 was in process. That's just my two cents...hopefully it gives you something to consider. Good luck on whichever path you choose!

[Sol88 0]

Thank you Jennifer Jones for your input. I can see the wisdom of the CR-1 option and may very well end up doing that.

The only thing I can think of that makes me hesitate is on an emotional level/Timing. We would have to get married in a courthouse setting & then the question of when do we do the actual ceremony would come into play.

We would probably be interested in having the ceremony in the fall.

Have you or anyone gone through a similar situation (Separation of courthouse wedding & actual wedding) before, and how did you handle it?

[NikLR 13,227]

I'm a little surprised at how hard you are finding it to get a Canadian work visa, but then that really depends on the province. Alberta loves foreign workers as we have more jobs than we know what to do with. If you can't find a job in Alberta, something is wrong! Lol.

The cr1 route is the way my husband and I are going. We have waited until he found work though to start filing because it was useless unless he could actually afford to sponsor me. We decided to have a small, relatively informal wedding. No matter where we had it, some family would not be able to make it so we had a wedding for us. When I'm finally approved we'll have a party in the USA and invite all of his friends and family that couldn't afford to (or we're otherwise unable) come to our Canadian wedding. I think because he was married once before the actual wedding wasn't as important to him, but may very well cr1 a big deal for you. I hope people who have the same experience in what you're looking at can give you some insight.

Congrats and good luck!

[moemac59 192]

No, if you go the K1 route, she would have to file for Adjustment of Status after you get married and you would have to get married within 90 days of her arrival on a K1 visa.

If you go the CR-1 route, she can come down, you two get married, and she would have to return to Canada at the end of her authorized stay. The petition to start the CR-1 process can be filed as soon as you have the marriage certificate (you would need to submit a photocopy of it).

If you do decide to go the K1 route, your fiance will not be able to leave the country to go back to Canada. She must stay in the US until she given authorization by USCIS. The K1 visa is only good for a one time entrance into the states. She will ONLY be allowed to leave after you are married WHEN she receives her Advanced Parole (AP)/Employment Authorization (EAD) card. You will file the paperwork for this with the AOS paperwork. Time on when she will receive this varies. She will also not be able to work until she is granted Employment Authorization.

I filed my AOS/EAD/AP paperwork in July and received my EAD/AP card in September. Hopes this helps you out

[Sol88 0]

Thank you everyone for your helpful information that I couldn't find anywhere else.

The CR-1 seems more streamlined, but the K-1 may have it's benefits as well if my girlfriend can get work to offset the extra price & hassle.

I don't know which one we will go with, but now I know what I need to.

[jenniferjones101 19]

Thank you Jennifer Jones for your input. I can see the wisdom of the CR-1 option and may very well end up doing that.

The only thing I can think of that makes me hesitate is on an emotional level/Timing. We would have to get married in a courthouse setting & then the question of when do we do the actual ceremony would come into play.

We would probably be interested in having the ceremony in the fall.

Have you or anyone gone through a similar situation (Separation of courthouse wedding & actual wedding) before, and how did you handle it?

My husband and I had a simple wedding in Las Vegas and we loved it. In your situation, however, you could alway get married at the courthouse with a witness or two (so it's on paper and you can file) and then plan your official wedding ceremony with all friends and family when the visa process was complete. If you get married and file within the next couple of months, you shouldn't have an issue planning your official wedding in the Fall. Just an idea Good luck to you both whatever you choose

[JerryShaw 6]

Thank you everyone for your helpful information that I couldn't find anywhere else.

The CR-1 seems more streamlined, but the K-1 may have it's benefits as well if my girlfriend can get work to offset the extra price & hassle.

I don't know which one we will go with, but now I know what I need to.

We just had our CR-1 approved yesterday in Montreal (which is the only place in Canada you can get your interview). I am not 100% sure, but I don't think she can work in the USA on a K1 visa at least not right away.

Victoria and I were separated by 342 miles (6 hour drive), so we visited a lot... in fact, after we were married, she quit her job and spent most of her 6 month limit down with me in the states while we worked on the CR-1.

It took us just under 8 months from end to end for the CR1. Lots of things to consider.... Good luck with your choice.

[canadian_wife 1,822]

A K-1 is not work authorized. It is a single entry visa. She must marry you, file to adjust status and at which point she can apply for a work permit

If working right away is important (which it was for us) the Cr-1 is the way to go as it gives the beneficiary full work and travel authorization upon entrance into the US

Good luck

[William2011 1]

I posted something similar in another post, but I totally agree that the spouse visa is the way to go. From what I understand right now the CR-1 visa is taking about the same amount of time has the K-1. When I filed for the K-1, I got a lot of bad advice from family and friends saying that the K-1 was the way to go. No one told me of just how long the entire process really is. I guess years ago K-1 visas where taking 2-3 months and the AOS was just has long. This is not the case anymore. You did not bring up the ROC either. In reality it will be years before you get the offical 10 year green card. I would have to say that filing for the CR-1 would save you a lot of money in the long run and time waiting for USCIS to process your case. It is a no brainer to me for someone who is serious about getting married and planning to live full time in this country.

In my personal opinion, I highly recommend filing the CR-1 Visa rather than the K-1 Fiance Visa. My husband and I looked into both options and found that getting married first, then filing, is the easiest (and sometimes quicker) way of getting your loved one to the U.S. Look into both processes and I think you'll see what I mean.

For a K-1, you file for the Fiance Visa, wait 5-7 months for approval (often longer), pay fees, then your Fiance comes to the US, you marry within 90 days, file an Adjustment of Status (from a Fiance to Spouse), pay more application fees, file an Employment Authorization application so she can work (which takes around 3 more months, I think) and pay more fees again! Many K-1 filers end up waiting the same amount of time, or longer, than many CR-1 filers (K-1 visas used to be faster approval)

For a CR-1, you get married and then your foreign spouse has to go back to his/her own country while you file (small sacrifice in the long run and you can still travel and make visits while your CR-1 is in process) and pay one application fee. Once you complete the entire visa process (if you look at my timeline, my husband and I are at almost 6 months exactly since the start of our visa journey), your spouse enters the US as a Lawful Permanent Resident...no more paperwork to file. They get their Green Card in the mail automatically, can immediately get their SSN, and have the right to work in the US from the moment they arrive.

My husband and I have been at this less than 6 months and when he comes to the US at the end of the month, we are done! No more paperwork, fees, nothing! And we made a few visiting trips to see each other in between and didn't have a single issue traveling on a tourist visa while our CR-1 was in process. That's just my two cents...hopefully it gives you something to consider. Good luck on whichever path you choose!