New spouse visa question (split thread)

[cindymaeve 1]

Thank you for any help.

I am new to Visa Journey, but reading some threads here have been very helpful, and I am hoping accurate.

My boyfriend and I are just beginning our journey. I am a Canadian educator and I have been in a long distance relationship for a year. We have visited each other several times over the year both in US and Canada. We are going to be getting married soon. I have already had a job offer to teach but the school county will not sponsor me. I will be reapplying for jobs once the paperwork is all complete.

My questions are: Is it advisable for us to get married while I am in the US on a holiday this summer? Then come home and we then file a I 130?

Our Immigration lawyer has advised us to file a I 130 instead of a Fiancee visa - she told us the process is quicker.

Or, we wait until I come back to Canada to get married in Canada, then file the I 130.

I realize that after we file, I can attempt to visit, on a holiday, but I will need to prove ties to Canada - job, lease agreement, bank statements, return ticket, courses at university registered.... anything else useful?

Is the wait time for the I 130 still about 6 months?

Thank you so much for the help. I had no idea that Immigration process is so lengthy and difficult.

C

[dwheels76 5,468]

Thank you for any help.

I am new to Visa Journey, but reading some threads here have been very helpful, and I am hoping accurate.

My boyfriend and I are just beginning our journey. I am a Canadian educator and I have been in a long distance relationship for a year. We have visited each other several times over the year both in US and Canada. We are going to be getting married soon. I have already had a job offer to teach but the school county will not sponsor me. I will be reapplying for jobs once the paperwork is all complete.

My questions are: Is it advisable for us to get married while I am in the US on a holiday this summer? Then come home and we then file a I 130?

Our Immigration lawyer has advised us to file a I 130 instead of a Fiancee visa - she told us the process is quicker.

Or, we wait until I come back to Canada to get married in Canada, then file the I 130.

I realize that after we file, I can attempt to visit, on a holiday, but I will need to prove ties to Canada - job, lease agreement, bank statements, return ticket, courses at university registered.... anything else useful?

Is the wait time for the I 130 still about 6 months?

Thank you so much for the help. I had no idea that Immigration process is so lengthy and difficult.

C

Actually your lawyer has it backwards. The I-129F (Fiance' Visa) is much faster. You can expect 10 to 12 months from filing to interview to be complete for I-130.

You can marry sure this summer and return back to Canada and Visa as much as you like hopefully no issues.

1. Filing at USCIS to approval is about 5 months.
2. Then off to NVC where it's about 3 to 5 months from being sent to Case Complete
3. Waiting on interview for Canada about 2 to 4 weeks

[cindymaeve 1]

Thank you for your reply.

Is this wait time that you have outlined for a fiancee or the I 130??

[dwheels76 5,468]

Thank you for your reply.

Is this wait time that you have outlined for a fiancee or the I 130??

For I-130. A I-129F can very from 6 to 10 months or more it just depends.

[NikLR 13,227]

~~moved to what visa do I need from IR1/CR1 process and procedures~~

That timeline is for the Ir1/CR1

Which visa you get depends on how important travel and work are to you. If you want to work and travel right away, it takes a little longer to get the CR1 visa, BUT you get a green card as soon as you arrive so you can work right away or travel back to Canada to close up some things. If you go the k1 route, you are much quicker to visa, BUT you have to adjust your status. So you can use the visa ONCE, then you have 90 days to get married. After marriage you send away the adjustment of status paperwork. It takes about 90 days to get the permission to work or travel outside the USA and can take up to a year to get the green card after that. Sometimes its quicker though.

Keep in mind that you can claim EI after you move (because you are relocating to be with your spouse.) BUT if you go the K1 route, with the adjustment of status, you have to wait for your EAD (employment authorization) to get any EI payments, but with the CR1 you can claim them right away because you are already authorized to work. Making that little extra money during the time period, plus paying less overall to green card, may be the deciding factor.

Be aware you may need to take some certifications etc to be legally allowed to teach in the USA. Look into it while you're waiting the process to go through.

All K1 and CR1 visa interviews are now in Montreal. But there are 4 doctors to get the medical done from (Surrey, two near Toronto, and one in Montreal)

Edited June 4, 2016 by NLR

[cindymaeve 1]

Thank you.

So, will I be able to work after the 90 days, permission to work? Even before the Green Card? What about a Social Security number? Do I get this at the same time?

Yes, I have already contacted the Florida Department of Education, sent in my credentials, and I am eligible to teach in Florida.

My boyfriend and I really want to be together as soon as it is legally possible.

So, if I understand this correctly, in order to be together as soon as we can, it will mean that I will have to wait longer to work. Meaning, I could move there about 6 months after filing the K1, but then I will need to wait in order to work legally and I may not be able to travel back to Canada for the 90 days. Do I have correct?

Basically living off one income for a while.

Thank you again.

C

[NikLR 13,227]

Thank you.

So, will I be able to work after the 90 days, permission to work? Even before the Green Card? What about a Social Security number? Do I get this at the same time?

Yes, I have already contacted the Florida Department of Education, sent in my credentials, and I am eligible to teach in Florida.

My boyfriend and I really want to be together as soon as it is legally possible.

So, if I understand this correctly, in order to be together as soon as we can, it will mean that I will have to wait longer to work. Meaning, I could move there about 6 months after filing the K1, but then I will need to wait in order to work legally and I may not be able to travel back to Canada for the 90 days. Do I have correct?

Basically living off one income for a while.

Thank you again.

C

Yes you have it right. One is faster to visa, the other is faster to green card.

EAD allows you to work and AP allows you to travel outside the USA. It takes 6-10 months normally to get the K1 visa. The wedding MUST be in the USA and you have 90 days to marry upon entry. It can take 90 days after filing AOS to get the AP and EAD but it can take longer than that too. So yes, you live off one income for 90+ days.

In our family, neither the not being able to work nor the lack of travel was worth the shortened time frame. It's cheaper to get the CR1 as well. Immigration is expensive but most of those expenses are not paying invoices but rather travel and moving costs.

[lkerky 25]

Yes you have it right. One is faster to visa, the other is faster to green card.

EAD allows you to work and AP allows you to travel outside the USA. It takes 6-10 months normally to get the K1 visa. The wedding MUST be in the USA and you have 90 days to marry upon entry. It can take 90 days after filing AOS to get the AP and EAD but it can take longer than that too. So yes, you live off one income for 90+ days.

In our family, neither the not being able to work nor the lack of travel was worth the shortened time frame. It's cheaper to get the CR1 as well. Immigration is expensive but most of those expenses are not paying invoices but rather travel and moving costs.

Everyone has a different choice to make and it is what suits you best. We went the K1 because we wanted to be together quicker. I moved in with family to save as much money as I could before moving, which ended up being our "second income". All the immigration processes suck you just have to choose one. Immigration is expensive so be prepared for additional costs!

[NikLR 13,227]

There are two methods and you pick whats best for you as a couple if you arent already married. K1 was never an option for us

[cindymaeve 1]

Thank you for your replies. We are looking at possibly doing the K1 Fiancee Visa way, as we really want to be together sooner.