I think my brain might bust...

[betrthnmilkfrog 1]

Hello everyone,

I would love some guidance.

I am Canadian, my partner is American.

We recently got engaged and now want to get married and live together. This long distance thing and crossing the border every second weekend is getting old.

The plan is for me to move there. I do not want my partner having the full financial burden. I want to work asap.

What is the quickest, legal, way to get to me working and us being able to be together.

I am currently working in Canada and if we get married tomorrow... (let's say) can I return to keep working until I get approved for work. Or do I HAVE to stay there until all is approved. I refuse to have my partner pay for everything while I get approved to work. I also really really want to be there with them.

We honestly feel so overwhelmed and have no idea what to do.

all that being said, Does anyone know what the chances of getting the fee waived for the 420$ filling fee for the spousal form is. I know my partner isn't loaded and we don't want to do anything wrong. we just want to be together like a normal couple.

any advice would be greatly appreciated.

[JFH 12,190]

The quickest way to be together is a K-1 fiancé visa. Currently these are taking from 3 to 6 months to be processed. You are then allowed to enter the USA once to get married within 90 days of your arrival. You then follow the procedure to adjust your status to permanent resident and you stay together throughout.

But, you cannot work until you have got married and started the adjustment process. That is the earliest you can apply for work authorisation and it will take around 90 days to come through. So even if you enter on a Monday, get married on the Tuesday you won't be working for around 90 days.

If you get married first and then apply for a spousal visa (you can get married anywhere - Canada, the USA, the Bahamas, wherever) it takes around a year but you can work immediately.

So the choice is between whether you want to be together as soon as possible or whether you can wait so that you can work right away. You can't have both, I'm afraid.

Edited January 12, 2016 by JFH

[JlovesA 109]

You also cannot get the fees waived. Whether you go the route for the fiancé visa or the spousal visa, your fiancé(e) will have to show that he/she makes at least 125% over the poverty line so that you do not risk being a burden to the government after your arrival.

Edited January 12, 2016 by JlovesA

[canadian_wife 1,822]

If you want to work ASAP you can file for the Cr-1 visa.

Look at the guides

good luck

[IandR 0]

The quickest way to be together is "do not get married" and get a USA K-1 Fiance Visa. Approximately 3 months after marriage in USA and subsequent filing for Adjustment of Status, you get your legal USA work documents ... and additional 3 months you get your USA green card. You must stay in the USA during this time or file for special parole to leave and return to the USA. Do not get married on a USA tourist visa and stay in the USA past the tourist visa time limit or you are in for a world of hurt.

Since you are currently working, and the money you make is important to the relationship, you have no choice but to get married in Canada or in the USA on a tourist visa. But then return to Canada, file for a IR-1 Spouse Visa and wait a much longer time 9-12 months to enter the USA as an immigrant (not tourist) and immediately get a USA green card, and obviously, can work in the USA legally.

If you want quick, you need a USA partner that can afford quick.

If you both are depending on your income to get through all this, there is no "quick way" to do it. And if you do not follow the legal steps, you will be banned from entering the USA for a very long time.

There is no waving of any fees for fiance/spousal filing fees. There are also income requirements for your USA partner in order for you to get either a K-1 or IR-1 Visa that you will have to research.

This whole business of immigrating to be a couple requires money and income.

[aaron2020 11,651]

Hello everyone,

I would love some guidance.

I am Canadian, my partner is American.

We recently got engaged and now want to get married and live together. This long distance thing and crossing the border every second weekend is getting old.

The plan is for me to move there. I do not want my partner having the full financial burden. I want to work asap.

What is the quickest, legal, way to get to me working and us being able to be together. Hard question. There are two paths. You have to choose based on the pros and cons.

I am currently working in Canada and if we get married tomorrow... (let's say) can I return to keep working until I get approved for work. Yes, you can return to Canada and keep working while waiting for a CR-1 spousal visa. Or do I HAVE to stay there until all is approved. You would only have to stay if you choose the K-1 fiancee (you can't be married here) route or a nonimmigrant path (you could be married here) that requires an Adjustment of Status. I refuse to have my partner pay for everything while I get approved to work. I also really really want to be there with them.

We honestly feel so overwhelmed and have no idea what to do.

all that being said, Does anyone know what the chances of getting the fee waived for the 420$ filling fee for the spousal form is. Zero. There is a financial support level that your fiance/husband would need to meet to bring you over; the I-864. A fee waiver jeopardizes the I-864. There are also other costs; visa application, medical exam, affidavit of support fee, etc. I know my partner isn't loaded and we don't want to do anything wrong. we just want to be together like a normal couple.

any advice would be greatly appreciated.

Hi,

Here is the jist.

There are two paths. One that leaves you without the ability to work or leave the US for 90 days, and one that lets you work immediately.

ADJUSTING STATUS IN THE US. You come either on a K-1 visa or a non-immigrant basis, and you file to adjust your status for a green card. There will be a 90 day period where you can not work while waiting for your EAD or leave the US without abandoning the process while waiting for AP. This is the downside of not coming here with an immigrant visa. This path gets you to the US quicker but has its drawbacks.

A CR-1 SPOUSAL VISA. Takes longer than a K-1 visa by a few months. Upon entry, you get a green card which authorizes you to work immediately and allows you reenter the US after traveling internationally.

You can visit while processing for your visa. Just bring proof that you have ties to Canada and don't plan to immigrate on your visits.

Edited January 12, 2016 by aaron2020

[Transborderwife 4,666]

Zero chance of fees waived. Expect the process to be about $1500 for the k1 process and 1000 for spousal.

[betrthnmilkfrog 1]

Hi aaron2020 just to clarify, when we get married, we apply for the k1 visa.. only once the k1 visa is approved will I get my green card to be able to work? however I can still come visit every couple weeks as long as I can prove that I have a job to return too.. and this can take several months to get approved ?

Hi,

Here is the jist.

There are two paths. One that leaves you without the ability to work or leave the US for 90 days, and one that lets you work immediately.

ADJUSTING STATUS IN THE US. You come either on a K-1 visa or a non-immigrant basis, and you file to adjust your status for a green card. There will be a 90 day period where you can not work while waiting for your EAD or leave the US without abandoning the process while waiting for AP. This is the downside of not coming here with an immigrant visa. This path gets you to the US quicker but has its drawbacks.

A CR-1 SPOUSAL VISA. Takes longer than a K-1 visa by a few months. Upon entry, you get a green card which authorizes you to work immediately and allows you reenter the US after traveling internationally.

You can visit while processing for your visa. Just bring proof that you have ties to Canada and don't plan to immigrate on your visits.

[TBoneTX 45,329]

*** Thread moved from CR-1 Process forum to the "What Visa Do I Need" forum. ***

[aaron2020 11,651]

Hi aaron2020 just to clarify, when we get married, we apply for the k1 visa.. only once the k1 visa is approved will I get my green card to be able to work? however I can still come visit every couple weeks as long as I can prove that I have a job to return too.. and this can take several months to get approved ?

No. The K-1 fiancee visa is for a single person to come marry in the US, file for AOS, and be stuck not being able to work or go home to Canada for 90 days. If you go home during that period, you abandon the process and will not likely be allowed to visit the US with immigrant intent.

Once married, you will need a CR-1 spousal visa. When you enter on the CR-1, you automatically get a green card allowing you to work and travel internationally. This takes 6-12 months. You can visit while waiting for your visa, but you must bring proof of strong ties to Canada (job, house, etc.) to show you don't intend to illegally enter the US to adjust status.

[pushbrk 12,908]

You're going to have to choose between your priority to be together in the USA quickly and your priority to continue working, until you move then be immediately eligible to work when you do move.

If the work issue is more important, then the CR-1 visa is the choice that fits that priority. You probably can each visit during the process but you won't be moving to the USA for at least 10 to 12 months after the initial petition is filed.

If the US citizen doesn't qualify as your sponsor, that's another kettle of fish altogether.

[Ms Hogan 295]

It sounds like you may be close to a border if you are traveling back and forth a lot? Perhaps I misunderstand.

When I applied K1 and CR1 were taking about the same amount of time. The fiance visa pace seems to have picked up lately for whatever reasons. I don't follow that anymore since I'm long past that point

BUT

I got married and started the process while living and working in Canada. I needed to be able to continue working AND didn't want to be stuck in the U.S. unable to go back to Canada while wait for my adjustment of status (the 90 days everyone is mentioning above) My husband lived in the U.S. I lived in Canada. Once we were done I made the move and was able to travel freely right away and work immediately.

Although the process takes longer, I found it to make more sense to me. As tiresome as the commute was (I was doing it for over 3 years including the time after getting married) it was worth it in the end to just be able to do it all in one step and not have to do more after moving. It feels like a long time but in the grand scheme it really isn't. It's frustrating while you're in the middle of it but once you're done, you'll soon forget how exhausting it was!

[jjbandero 39]

Other members have given you great analysis on the two paths, I just want to mention that you should also look into the job market and whether your skills and experience will result in you being able to get a job easily once you receive your work authorization. Other members have had issues finding something suitable quickly, so you may have to plan for that as well. Good luck in your decision!

[Avery Cates 1,141]

Hello everyone,

I would love some guidance.

I am Canadian, my partner is American.

We recently got engaged and now want to get married and live together. This long distance thing and crossing the border every second weekend is getting old.

The plan is for me to move there. I do not want my partner having the full financial burden. I want to work asap.

What is the quickest, legal, way to get to me working and us being able to be together.

I am currently working in Canada and if we get married tomorrow... (let's say) can I return to keep working until I get approved for work. Or do I HAVE to stay there until all is approved. I refuse to have my partner pay for everything while I get approved to work. I also really really want to be there with them.

We honestly feel so overwhelmed and have no idea what to do.

all that being said, Does anyone know what the chances of getting the fee waived for the 420$ filling fee for the spousal form is. I know my partner isn't loaded and we don't want to do anything wrong. we just want to be together like a normal couple.

any advice would be greatly appreciated.

The quickest way right now would be a K-1.

If you don't want him paying for everything, then I would spend the time during the petition processing working and saving as much as you can, that way you can bring a contribution to the household with you to help during the time that you're waiting for your Employment Authorization Document.

Or, you two can get married and file for a CR-1. The processing time is a little longer, but it is a cheaper option than the K-1 and you can work as soon as you enter the country.

There is not visa fee waiver. Everyone pays. USCIS is self funded so they're not in the business if fee waiving.

[Cathi 5,757]

No fee waiver, and he must prove he earns enough to bring you here on the affidavit of support