K-1 or I-130?

[Faust942 4]

Hello Visa Experts,

I am going to put down my full situation here. Hope you can help with my choice.

Situation:

• Proposed to girlfriend recently.
• Girlfriend pregnant and due in Oct.
• I am a Canadian citizen, and she is an American citizen.
• I can go on maternity leave within 30 days notice. Canada allowed 35 weeks, so I could technically use 3 months (of getting paid 55% of what I made) to wait out the application process if I have too.
• We are now seriously planning myself moving down to the USA either by K-1 or getting married and applying for I-130.
• I have approached a immigration lawyer that specializes in USA immigration. The lawyer has told me that an I-130 would be my best option to go with. He quoted me as it would take 1 year before I'd get the application processed and I'd be allowed to live with my (then) wife. He said a K-1 wouldn't be a good option for me as it has more applications to process.

Questions:

• This lawyer said that a DCF wouldn't be an option for me and they no longer do DCF's in Canada??
• Is it really 1 Year processing time (currently) regardless of application I go through?
• If it really is going to take 1 year, than should I be better to apply for a K-1 visa?
• With a K-1 it sounds like I can move down whenever I want (once I have it), but can't return to Canada for 3 months to grab anything else (if I forgot any loose ends). Once we get married I send in my AOS and EAD? Would that sound like an option?
• Should I go through a lawyer?

Edited May 7, 2014 by Faust942

[isabooo 27]

K1 is quite faster being together but yes more processing to do. Also if going K1, it's a few months(2-3 months) to get a temporary work permit after you are in, keep that in mind if you can't go long without working. Using a lawyer is your choice(we did), but frankly this site I found more useful than any help we got using a lawyer. Unless you are in a complex situation, there is very good step by step guides on this site

Edited May 7, 2014 by isabooo

[NikLR 13,231]

Hello Visa Experts,

I am going to put down my full situation here. Hope you can help with my choice.

Situation:

• Proposed to girlfriend recently.
• Girlfriend pregnant and due in Oct.
• I am a Canadian citizen, and she is an American citizen.
• I can go on maternity leave within 30 days notice. Canada allowed 35 weeks, so I could technically use 3 months (of getting paid 55% of what I made) to wait out the application process if I have too.
• We are now seriously planning myself moving down to the USA either by K-1 or getting married and applying for I-130.
• I have approached a immigration lawyer that specializes in USA immigration. The lawyer has told me that an I-130 would be my best option to go with. He quoted me as it would take 1 year before I'd get the application processed and I'd be allowed to live with my (then) wife. He said a K-1 wouldn't be a good option for me as it has more applications to process.

Questions:

• This lawyer said that a DCF wouldn't be an option for me and they no longer do DCF's in Canada??
• Is it really 1 Year processing time (currently) regardless of application I go through?
• If it really is going to take 1 year, than should I be better to apply for a K-1 visa?
• With a K-1 it sounds like I can move down whenever I want (once I have it), but can't return to Canada for 3 months to grab anything else (if I forgot any loose ends). Once we get married I send in my AOS and EAD? Would that sound like an option?
• Should I go through a lawyer?

You can do a K1 or a CR1 visa. Your choice.

The pros of the K1 is the speed (does not take 1 year normally) but like you mentioned, you cannot leave or work (or even get a driver's license in most states) until you file the AOS with the EAD and AP. EAD and AP takes about 60-90 days. AOS is $1070 and you do the adjustment of status after you get married. CR1 have no adjustment of status and are green card holders upon entry.

You can collect EI in the USA but it's more of a process than in Canada and you cannot collect it until you have your EAD (or you can collect immediately with a green card if you choose the CR1 route.) Even in Canada you cannot get maternity leave, but you can get parental leave (as you are not the one having the child.) According to the Service Canada website you can still collect if you leave Canada but you must inform them you have done so.

DCF is not an option.

Also to consider is YOUR location. Vancouver and Montreal are the two places that do K1 visa interviews. CR1 is only conducted in Montreal.

You CANNOT LIVE in the USA without a proper visa or green card. If you choose to get married first, while the I-130 and Visa center is processing the petition and application, you would not be able to move down to the USA. Your wife could, however, move up to Canada, and/or you can still visit. The length of the visit and the ability to get into the USA (or Canada) depends entirely on the CBP or CBSA officer. I never had an issue, but I maintained working in Canada until the visa interview.

[NikLR 13,231]

btw you can collect paternal benefits once you move:


Maternity and parental, sickness and compassionate care benefits

Maternity and parental, sickness and compassionate care benefits can be paid to you if you are living in the United States as long as you meet the requirements for these benefits.
To be eligible for maternity and parental, sickness or compassionate care benefits you must show that you have worked:

• in a job that is insured under Canada's Employment Insurance program; and
• for at least 600 hours in the last 52 weeks or since your last claim.

You may file your claim for Canadian Employment Insurance maternity and parental, sickness or compassionate care benefits online. For more information, call 1-800-206-7218.

[Faust942 4]

Wanted to say thank you, filed Dec.8th 2014 for a I-130.

[NikLR 13,231]

Wanted to say thank you, filed Dec.8th 2014 for a I-130.