New and confused

[Raven4dragon 12]

Greetings all,

I have been reading and rereading things for months now and still having a hard time finding answers.

I am Canadian engaged to a wonderful american man, we have been together since 2009. we were hoping to be married next year but i am having trouble deciding the best route for us to go. seems the K3 has died out. We both have children from previous relationships, so have been a long distance relationship to this point. If i go with the K1 visa it seems i would be able to stay with him in the states (which is where we intend to live) while they process my status change but... here is my problem, it seems from reading this means i will not be able to travel back to Canada during that time to see and visit my children? i hate the idea of being away from my husband after being married and after years of waiting to be together, but at the same time being told i may not see my children even for a visit will be just as painful

please if anyone could give any ideas or advice i would be so grateful.

thank you

[Darnell 8,479]

were you reading any things at visajourney.com ? If so, point them out, perhaps we can help to dissolve the confusion?

[HeatDeath 430]

The overall timeline from initial petition to being-in-the-US-and-able-to-work-and-travel is about the same for CR-1 and K-1 visas. The difference is with a K-1 you enter the US, marry, and then wait 2-3 months for your advance parole and employment authorization card. With a CR-1 all of the separation is after the wedding, but once you enter the US you get a greencard stamp in your passport which allows you to work and leave the US immediately. But since CR-1s take 2-3 months longer, the total time from petition to being able to work and travel from the US is about the same.

The tradeoff is that the CR-1 is about a thousand dollars cheaper, and while you can leave the US immediately after you arrive, you're separated from your spouse for that much longer. The K-1 is about a thousand dollars more expensive, because you have to do a separate Adjustment Of Status process immediately after you marry, and you can't leave until you get that work/ravel card (45-90 days after you file for AoS, which should be as soon as humanly possible after you marry), but you enter the US 2-3 months earliler in the process.

[Hypnos 6,578]

You can either:

- pursue a K-1 for yourself and a K-2 for your (minor) children. You can all enter the US together, and will file for adjustment of status together. You would marry within 90 days of entry. You must have met at least once in person during the previous two years, and be able to document this meeting, in order to file.

- get married (either in the US or elsewhere) and then pursue a CR-1 immigrant visa. Good things: you are granted a green card immediately upon entry (no adjustment required, unlike K visas) and it's cheaper than a K-1; bad things: you cannot have derivatives on such an application, so your husband would have to file individual I-130 petitions both for you and each of the children who would be immigrating with you. This extra expense might eat the savings costs of a CR-1 over a K depending upon how many children you are bringing with you.

It's up to you how to proceed.

Edited July 7, 2013 by Hypnos

[NikLR 13,232]

If you look at some recent timelines for people you might notice that K1 and CR1 are roughly about the same. Some of the CR1's are going quicker and some slower (depends on the local office that the I-130 is sent to, if it's sent to one.) My process too 8 months from filing to living in the USA. Because of the lack of ability to work or travel is exactly why my husband and I chose the CR1 route, even though Vancouver would have been closer for an interview. (The cost likely would have been similar though maybe less by $500?)

My daughter, who is 10, chose to stay in Canada with her father and I wanted to be able to travel to see her ASAP if needed. Even if she had been moving with me, the CR1 (and subsequent CR2) would have been better so she could also visit her father.

The sooner you are able to work, the sooner you can collect EI as well, which I am doing until I find a job. A K1 has to file within the 4 weeks of their last date of employment, but isn't eligible to receive benefits until their EAD has been approved.

Go through all the pluses and minuses with your SO and figure out what works best for you. No way is perfect, but there is a way that is better for you.

[Raven4dragon 12]

ok thank you for the quick response all. It is starting to seem like the cr1 is the best option. I will not be bringing any children with me to live as my children will all be grown by then and off in college etc.. That is the reason we have waited this long was to give my kids the chance to get on their feet and have me here with them. It will just be me moving to the states but hate the idea of not being able to come back to see them for months, or worse there is an emergency for them. Not looking forward to not being able to visit the hubbie either as i am the one who has to travel at current with his work schedule.

[NikLR 13,232]

Why can't you visit?

I visited my husband 3 times and there others that went every weekend. Just bring proof of your ties to Canada (letter from employer, pay stubs, bills, leases (car or apartment), mortgage, loans etc... to show that you have intentions to return to Canada and provide them if asked for. Otherwise be truthful about what you're doing and who you're seeing.

I always said "visiting my husband"

[canuckbos 10]

I believe if there is an emergency in your family, you will be able to go back to Canada with special permission. Someone please correct me if this is not correct.

[Darnell 8,479]

oh - you can always go, just bring the canada passport.

it's the 'coming back' that can be problematic or even abandoing status...

for a k-1 visa holder, usually, when leaving the usa without advanced parole after filing for the AOS, the AOS case is considered abandoned by USCIS.

even with that said - AP is easy to get when filing the form with the I-485 when filing for an adjustment of status. It takes some time, sure...

now - emergency or expedited AP - sure - that can be done, can be got, usually involved engaging with an ISO after the receipt notice is in one's hand. it ain't pretty, that path, as there's too many variables on the path to say 'this works all the time' when it's really hit or miss on the approach and the path. but it is do-able, emergency AP...

if time and timing are of no consequence - I say forget the K-1 visa chasing and get married in Canada (or even the USA) then chase after a CR-1 visa, as there is no need to chase after advanced parole after activating the visa inside of a port of entry coming into the USA. Heck - you could even turn around same day and go back to Canada, if'n you so desired.

[Raven4dragon 12]

All of this sounds very promising, thank you. We are very much leaning towards the cr1 being the right choice for us with all things considered at this point. However one more question about the visiting i understand needing to have proof of strong ties and intent to return, but what if you are unemployed at the time and cant show employer letter? I will have lease bills etc. but right now going threw layoffs and working odd cash jobs.

Thank you all again for dealing with my newbie questions lol.

[Raven4dragon 12]

oh sorry forgot one other thing

If while waiting on the CR1 i try to visit and for some reason the poe officer refuses me does this effect the CR1 case? or is it just a no you cant go yet go home and wait lol.

[SF2007 48]

Also, just to be clear, at no point during the process can you "stay" in the U.S. with your husband or fiance. You have to wait until your visa is issued and in your hands to activate it at your point of entry. You can however visit, pending that you have proper documentation to prove you will be returning to Canada after your visit (proof of rent, job to go back to, kids to go back to, car payments, school enrollment, etc).

It is a pretty straightforward process that is easily handled without a lawyer or assistance. Visajourney has lots of guides and you can always ask any questions on the boards.

Good luck!

[Asia 2,499]

oh sorry forgot one other thing

If while waiting on the CR1 i try to visit and for some reason the poe officer refuses me does this effect the CR1 case? or is it just a no you cant go yet go home and wait lol.

It doesn't effect the CR1 case at all. Don't worry

[Rob & Monika 87]

Also, just to be clear, at no point during the process can you "stay" in the U.S. with your husband or fiance. You have to wait until your visa is issued and in your hands to activate it at your point of entry. You can however visit, pending that you have proper documentation to prove you will be returning to Canada after your visit (proof of rent, job to go back to, kids to go back to, car payments, school enrollment, etc).

It is a pretty straightforward process that is easily handled without a lawyer or assistance. Visajourney has lots of guides and you can always ask any questions on the boards.

Good luck!

I think when she mentioned staying, she was talking about the AOS period. I had to read it twice to pick that up as I had the same impression you did.

If you plan on being together next year, then I would get married now and do the CR-1. Otherwise do the K-1.

[Raven4dragon 12]

sorry guess i was not clear the first time i had not planned on staying until was legally allowed too. at first was trying to decide if the k1 would be good for us but as it would jeopordize seeing my kids i am not interested in doing that. so i think we will be going the cr1 route and hope that visits can go smoothly during the waiting time as i have heard many horror stories.