K1 and short term work in Canada

[sly_wolf 199]

Hi. I am Canadian and my girlfriend lives NY state. We have just started researching the K1 option and need to understand if the following presents any issues for us:

I am able to take an early retirement option from the company I work for in Canada in about 2 years. If we proceed with a K1 and I get PR status in the US will there be any issues if I continue to work in Canada until my retirement "kicks" in?

If we assume the entire process takes a year that would only leave about a year left until my retirement eligibility.

Any comments are appreciated since we are still trying to understand the entire process and all potential issues.

Thanks.

[riblet 0]

Hi & Welcome

If you get a K1, when you enter the U.S. you cannot leave again until you get your Adjustment of Status or Advance Parole Document. Unless you have an emergency, you wouldn't be able to leave for probably 3 months.

It might be a better option for you to get married, then apply for an I130. That would likely take about 9 months from the time you get your marriage certificate. Once your I130 is approved (which occurs in Montreal), you then have a period of time before you actually have to activate it - which if I recall correctly is 6 months. Once you enter the U.S., then you have to be concerned about showing intent to remain in the U.S. - so still working in Canada at that point could be difficult to do. But - you can delay the I130 process if you like to get to 2 years.

Also, you could apply for the I130 and K3. The K3 is generally faster, and once you have it it will be much easier to visit your girl friend. Otherwise, if you are married to a U.S. citizen you can expect a fair bit of questioning at the border each time, and will have to be prepared to show evidence that you will be returning to Canada.

Hope this helps, good luck with everything!

[sly_wolf 199]

What about after the 3 months under the K1 scenario? Would this not work as well?

Our concern is that the K3 sounds like it will be a longer time apart.

Thanks

[Knobby_Wheezer 0]

Hi & Welcome

you wouldn't be able to leave for probably 3 months.

You're kidding! When I tried (unsuccessfully) to cross in June of 2005 at Coutts / Sweet Grass, the POE officer told me that if I came across on a K-1 visa that I would not be allowed to leave for a year! (She was pointing out that I should bring everything with me should we decide to go that route in the future .)

. . . Seems to me that I've read something of the sort here, too---unless you bother with a "parole" of some sort (allows you to travel outside of the US and its protectorates) before the year is up.

However, I do agree that you would have to go the K-3 route if you wanted to work for a little longer in Canada---or put off the K-1 until you take the retirement option. But, again, you don't want to wait.

[sly_wolf 199]

Lol, I think I am getting more confused. If I went with the K1 option I would definitely apply for advance parole.

I dont quite understand why the K3 would be better than the K1 for my situation though? Can you clarify please.

Thanks.

[riblet 0]

My understanding of your situation was that you wanted to work for 2 more years - and if you do the K1 you would have to be in the U.S. for an average of 3 months before getting Advance Parole, and therefore would have to be away from work. That's what my advice was based on.

With the K3, you can come and go from the U.S. as you please. It is valid for 2 years, so you would want to Adjust Status or get an IR1 within two years of activating the K3. K3 doesn't take much longer to process on average than a K1.

Good luck again Sorry if I was confusing.

The other poster did misquote me a bit - I said Adjust Status OR Advance Parole - AP would be the route which would on average allow you to leave after 3 months.

Also - these timelines are always general estimates - just so you are aware that everything might take a lot longer - or faster than you expect.

Edited December 29, 2006 by riblet

[sly_wolf 199]

Ok thanks .... this helps a lot since my first inclination was K1. Sounds like we better go K3 for my situation then.

One more question ..... does it make any difference if we were to marry in Canada versus the US?

Steve

[Ecalos 0]

If you marry in Canada, you're filing for a K-3

If you marry in the US, you might get in trouble with USCIS for entering the US with the "intent to marry". But you could go the K-3 route or maybe Adustment of status.

At any rate... if you marry before you start any sort of Visa work, you're going the k-3 route.

If you get approved for a K-1, you MUST marry in the US. If you married in Canada you would have to abandon the K-1 and go K-3 route.

[sly_wolf 199]

This leads me to another few questions then.

If we were to marry in Canada and then I tried to visit my new spouse in the US, would I have to disclose that when crossing the border?

Generally how long after does it take for a Canadian to have a K3 approved?

Thanks for all your input.

[riblet 0]

The duty to disclose would depend on what you were asked... the rule of thumb is generally to not volunteer more than asked, while never being untruthful or evasive.

My husband has had some trouble, but proof of things such as a job, and a lease or deed are a big help.

As for the actual approval timeline - it's hard to say, things are changing all the time. Based on history for Canadians, you are probably looking at 3 - 4 months until you get to the consulate stage - then it really depends on which consulate your K3 is processed through. Which depends on where you live - it would either be Vancouver or Montreal. Vancouver seems to be taking about 6 - 8 weeks (last time I checked) and Montreal is averaging closer to 3 - 4 months. Several people who had a West coast address they can receive mail at have successfully transferred to Vancouver to take advantage of the faster processing.

This leads me to another few questions then.

If we were to marry in Canada and then I tried to visit my new spouse in the US, would I have to disclose that when crossing the border?

Generally how long after does it take for a Canadian to have a K3 approved?

Thanks for all your input.

[Buttons 0]

My understanding of your situation was that you wanted to work for 2 more years - and if you do the K1 you would have to be in the U.S. for an average of 3 months before getting Advance Parole, and therefore would have to be away from work. That's what my advice was based on.

With the K3, you can come and go from the U.S. as you please. It is valid for 2 years, so you would want to Adjust Status or get an IR1 within two years of activating the K3. K3 doesn't take much longer to process on average than a K1.

Good luck again Sorry if I was confusing.

The other poster did misquote me a bit - I said Adjust Status OR Advance Parole - AP would be the route which would on average allow you to leave after 3 months.

Also - these timelines are always general estimates - just so you are aware that everything might take a lot longer - or faster than you expect.

If you live close to the border and work close to the border the K3 would be the best route. To live in the US when the K3 is approved and travel back and forth across the border daily to work until you retire. Just don't forget to apply for the PR status.

[Buttons 0]

The duty to disclose would depend on what you were asked... the rule of thumb is generally to not volunteer more than asked, while never being untruthful or evasive.

My husband has had some trouble, but proof of things such as a job, and a lease or deed are a big help.

As for the actual approval timeline - it's hard to say, things are changing all the time. Based on history for Canadians, you are probably looking at 3 - 4 months until you get to the consulate stage - then it really depends on which consulate your K3 is processed through. Which depends on where you live - it would either be Vancouver or Montreal. Vancouver seems to be taking about 6 - 8 weeks (last time I checked) and Montreal is averaging closer to 3 - 4 months. Several people who had a West coast address they can receive mail at have successfully transferred to Vancouver to take advantage of the faster processing.

This leads me to another few questions then.

If we were to marry in Canada and then I tried to visit my new spouse in the US, would I have to disclose that when crossing the border?

Generally how long after does it take for a Canadian to have a K3 approved?

Thanks for all your input.

Agree with this post. I travelled back and forth for about 8 months with my K3 pending without a issue. They asked where i was going I said to see family. That's it.

[Flames9_RN 358]

travelled monthy to DC while cr-1 was in process, never had a probelm, buts that just me, others have been turned back. Yep, never volunteer more info than required, lol and look confident.

I went to the usa and got married (courthouse) during one of the weekend visits, and of course returned to Canada, then started ther visa process. Plus and minues to al lthe visas, just have tofigure which 1 is best for you. Best of luck

[sly_wolf 199]

Yes I do live close to the border and I visit my girlfriend every weekend. Currently when I cross I tell them I am visiting a friend of mine. Wont be able to say that after we get married. Lol, trying to think of what else I could say without lying or raising eyebrows at the border. Being forced back would be a huge downer for us.

I see some K3 people have gotten married in the US without a problem. I would have expected that to be more risky because of immigration intent?

I will also need to look into the impact of any social benefits (ie. medical) that my girlfriend currenty gets. I am not sure how us getting married would change things for her and her 2 children. In addition I also need to understand the impact to my medical coming from Quebec (ie when does medicare stop for me and when do I have to find US medcal insurance and what the cost will be)

Any comments there?

[de_sjiem 0]

its not entering the US with the intent to marry that would get you in trouble, it would be entering the US with intent to immigrate.. Just commenting on that one.. dunno much about the rest..