Should we reconsider visa type?

[a and m 2]

In our search for what type of visa matches our needs, we seem to have settled on the IR1/CR1....we did so for one major predominant reason, and maybe it is based on a false assumption. Anyone here with experience please help me out so we can redecide if it makes sense...

My understanding of the key part I am referring to is this - After Visa is approved, she can use 1 time to come here and we will immediately get married. Once she does this she then needs to file for AOS/AP...It's the AP we are concerned about...it looks like it will take at least 60 days to receive AP after filing for AOS. Am I reading this correct?

I ask because she has older parents, and if we needed to visit them on account of health, I would want nothing to stand in our way OR prevent her from coming back.

Thanks

[Udella&Wiz 325]

IR1/CR1 is applicable if you're already married when you're applying.

What you describe below is the K1 Fiance VISA which is 1 time entry, marriage in the US and then you apply to adjust status (AOS/AP)

Having gone this route I must say I worried too about emergencies back in Canada that might necessitate me returning quickly - really depends on your situation. Perhaps being married firsta nd then applying for the IR1/CR1 would be better for your circumstances?

In our search for what type of visa matches our needs, we seem to have settled on the IR1/CR1....we did so for one major predominant reason, and maybe it is based on a false assumption. Anyone here with experience please help me out so we can redecide if it makes sense...

My understanding of the key part I am referring to is this - After Visa is approved, she can use 1 time to come here and we will immediately get married. Once she does this she then needs to file for AOS/AP...It's the AP we are concerned about...it looks like it will take at least 60 days to receive AP after filing for AOS. Am I reading this correct?

I ask because she has older parents, and if we needed to visit them on account of health, I would want nothing to stand in our way OR prevent her from coming back.

Thanks

Edited May 6, 2013 by Udella&Wiz

[a and m 2]

Thanks for the reply. We are clear on the two visa types and are debating marriage first (IR1/CR1) versus fiancee (K1). It sounds as if you are confirming what we suspected - That if something should happen during the 2+ months we are waiting for AP if we go the K1 route, then we would be facing a problem. Sounds as if you faced the same choice.

Thanks for your input.

[Kimbear 53]

Depends on how long it takes for your particular case. I got married in April 2010, filed a month later for aos, only got my ead and ap in October and the actual green card in January 2011. HUGE delay, we finally got a congresswoman involved which is why i finally got it.

long story short they took forever sending me my biometrics notice , which caused my file to disappear in a black hole.

[hikergirl 277]

Also, because CR-1s are eligible to work right away, they can collect Canadian EI while residing in the US (if qualified).

With the K-1s not being able to work for months, monetarily it makes a big difference.

[a and m 2]

Hikergirl, so once she comes here after the visa is approved, if qualified she can collect until she gets work? If there are explaining threads can you help point me to them?

[Marilyn. 340]

we went the CR1 route. Got married in Canada in March 2004, applied about a month later. I had my visa interview in March 2005. We did have a few RFE's because of an incompetent lawyer.. (i wish we would have just done it ourselves) ...Once I moved down to the US I got my green card within 3 to 4 weeks and my SSN within a few weeks but I had to actually go into the SSN office to get it..

Once you cross over and use your visa they stamp your passport with a I-551 stamp which will be your temporary green card til you receive the actual card.. I think it is good for a year...

Edited May 6, 2013 by Marilyn.

[hikergirl 277]

Hikergirl, so once she comes here after the visa is approved, if qualified she can collect until she gets work? If there are explaining threads can you help point me to them?

Yes. The qualification standards are on the Service Canada website, but if she’s been working for the year prior in all likelihood she will qualify. There is a special office in Kingston that deals with the US claims.

There is an EI thread stuck to the top of the Canada forum.

The one major point is that her Record of Employment (ROE) should have in the notes section “family reunification”.

She should be able to claim for a while anyways while she is looking for work.

It takes a bit of worry out of the whole cost of immigration for me.

[Udella&Wiz 325]

I have to say in hindsight, I kind of wish we'd gone with IR1/CR1 instead.... 5.5 yrs later a little waiting apart after getting married would have been worth being able to work right away when I arrived would have been a bonus. In our case, either way it would have meant some family members couldn't attend (c'est la vie)no matter where the ceremony was.

[a and m 2]

Hikergirl...thanks for the advice...she has 22 uninterrupted years of employment so that should be viable

Udella & Wiz...thanks - that is the type of advice/experience I am looking for to help us make decisions.

[Kimbear 53]

Just keep in mind she cannot collect the unemployment benefits until she gets her EAD card. Basically she has to be eligible to work and under a K1 technically you cannot until you get the EAD. may want to consider that with how long some cases take or the delays can be at the different service centers.

As Udella mentioned some of us wish we had gone the cr1/ ir1 route as well due to that.

[a and m 2]

It is virtually a done deal that we will go the IR1/CR1 route. Right now we have the luxury of considering either...All of your experience helps us confirm that we have made the right decision

Edited May 7, 2013 by a and m

[NikLR 13,227]

We also chose the CR1 route. I have a daughter that is staying in Canada and I want to be able to travel ASAP (same day if necessary) and I go crazy if I don't work for too long. Plus it's cheaper.. as in less money to the USCIS!