Filed for IR-1/CR-1, did not file K-1 Visa

[tt83 0]

Hi all,

I've read and re-read the forums regarding K-1 visas and I thought I had a good handle on what was the right process for my Canadian husband and I to take. Well, on two separate occasions while crossing the border between the US and Canada, we have had a border agent on the States side tell us that we did not file our paperwork correctly. Both agents stated that we should have filed the K-1 visa, and that by not doing so, our process is going to take much, much longer than the 9 months processing time that I was told when I called the USCIS processing center (this was before the shutdown). So I guess I want to put it out there to all of you who are much more knowledgeable about this process than I am. My understanding of the process was that we would not need the K-1 visa, as it is a travel visa and because there is a travel agreement between the US and Canada, it was unnecessary. Therefore, my husband came down here and we got married in the US. Did we file incorrectly by not filing the K-1 visa first? And if so, what are the repercussions/what actions should we take? We received one NOA back in May when our application was received, and we have not received anything since. Any advice you may have for us is really appreciated.

[Harpa Timsah 13,258]

It is perfectly legal to marry in the US on a tourist visa. The K-1 visa is a special non-immigrant visa that allows immigrant intent. It is designed to marry in the US and them obtain permission to stay (AOS) directly after the marriage.

So it seems like you married in the US and then pursued the spousal visa, knowing that you will have to interview and have a medical exam in Canada. Correct? If so, there is nothing wrong with that plan.

[M&G 6]

Everyone that wants to go to the US to get married and stay in the country needs to obtain a K-1 visa, regardless of where they're from... which means that yes, Canadians need a visa as well.

[thegordons2009 1]

I'm surprised the border officer knew that. LOL... But anyways....its all about our own personal situation...

CR-1 Visa is when u marry and then apply for the visa. The waiting timeframe I'v been seeing (and been through twice now) is anywhere from 6-12 months ---really depending on how quick you send in your forms/payments. With this you can still cross the border to visit , however the border guard can deny you. It is suggested to bring proof of ties to canada - showing that you will be going back and you wont be staying in USA (until u get your visa that is)

The Fiance Visa K-1 from what i hear is around the same timeframe, expect u dont marry until after your interview.....Not certain about travelling, but im sure its similar to CR-1.

[gwenstar 66]

Since you are already married - you filed the correct paperwork. You do not need to file a K-1 in addition to the CR-1.

K-1 visa is for a fiance visa - a person who has intent to marry a USC as well as intent to immigrate.

The CR-1 is for a person who is already married has intent to immigrate to the US.

A Canadian can come visit the US for up to 6 months without any other visa no problem. However, as mentioned above - they can be denied at the border if the agent feels like there is an intent to immigrate before having the CR-1 process complete. So basically, if you are planning on travelling back and forth between Canada and US, make sure to have proof of ties to Canada and that there clearly is no intent to immigrate.

[Ryan H 3,819]

Moved from What Visa Do I Need - Family Based Immigration to IR-1/CR-1 Process & Procedures.

Edited October 12, 2013 by Ryan H

[Darnell 8,479]

Thanks for posting this.

This is a great, super-duper example of just how ignorant (yet helpful) CBP staff at yer favorite POE really are.

K-1 visa filing for a married couple? Come on - who does that???