Help! Not sure which visa I need to start my journey

[Logirl7 0]

I am a U.S. born citizen and my fiance is a Cypriot citizen. We have been together for 5 and a half years and we just recently got engaged. Because we have been together for so long our relationship has obviously evolved greatly. When we first met he was finishing his masters in London and I was just starting my undergraduate studies in Florida. We tried to split the traveling as best as we could between the the two of us and we also tried to see each other as often as we could as it was expensive! Luckily, in 2013 he landed a job that led him to be transferred to North America (first Boston and then Canada) which was great for us because we were able to see each other almost every two weeks. Since we got engaged we started to look into the K1 visa process which seemed very promising, however, it would mean that he would have to quit his job and move here. We just can't do that because he is the financial provider in this relationship ( I am currently looking for work). Another option that we have been looking into is having him transfer to the states again under a work visa. Once here we would get married and begin the process of adjusting his status. This option worries me as well because we would have to provide proof of financial commingling and shared living situations but I am worried that we would not be living together long enough once married to do that.

Please Help!!! I just really want to be with him at the end of the day and want to make sure that I go about doing that in the most efficient and legal way possible. Thanks!

[lost_at_sea 995]

You seem to have understood your options pretty well so far.

If his job is the most important thing, and he does not want to give that up - he should speak to his HR department and see about the transfer with a work visa. You don't have to marry and AOS immediately on that path, so you can get your life together and think about his long-term residency a bit later.

If they don't want to do/can't do the work visa, but they would allow him to take a similar job in the USA, you could get married (anywhere) and go after the spousal visa (I-130 for CR-1). The CR-1 grants him an immediate green card upon immigration entry and allows him to work anywhere in the USA immediately.

Since you live apart, and you'd be filing while he still resides in Canada, they wouldn't expect to see any co-mingled assets etc., just other relationship evidence that shows you are genuine. He'd get a CR-1 visa, then after 2 years you'd remove the conditions on that. They provide the CR-1 visa for folks for the very reason you're concerned about - it allows newly weds to be reunited and gives them 2 years to get their lives in order, so they can later show co-mingled financials etc. (my husband and I filed for this path only 3 days after getting married).

The K1 wouldn't allow him to work in the USA for probably 3 months after emigrating (he has to marry, then get EAD before he's legally allowed to work - it takes about that long). The K1 is faster for immigration purposes, however.

So, ultimately - you need to decide what factors are most important to you both - keeping that job, or being together permanently the quickest.

This guide helps explain more about the pros and cons of each path: http://www.visajourney.com/content/compare

Edited August 24, 2016 by lost_at_sea

[Logirl7 0]

You seem to have understood your options pretty well so far.

If his job is the most important thing, and he does not want to give that up - he should speak to his HR department and see about the transfer with a work visa. You don't have to marry and AOS immediately on that path, so you can get your life together and think about his long-term residency a bit later.

If they don't want to do/can't do the work visa, but they would allow him to take a similar job in the USA, you could get married (anywhere) and go after the spousal visa (I-130 for CR-1). The CR-1 grants him an immediate green card upon immigration entry and allows him to work anywhere in the USA immediately.

Since you live apart, and you'd be filing while he still resides in Canada, they wouldn't expect to see any co-mingled assets etc., just other relationship evidence that shows you are genuine. He'd get a CR-1 visa, then after 2 years you'd remove the conditions on that. They provide the CR-1 visa for folks for the very reason you're concerned about - it allows newly weds to be reunited and gives them 2 years to get their lives in order, so they can later show co-mingled financials etc. (my husband and I filed for this path only 3 days after getting married).

The K1 wouldn't allow him to work in the USA for probably 3 months after emigrating (he has to marry, then get EAD before he's legally allowed to work - it takes about that long). The K1 is faster for immigration purposes, however.

So, ultimately - you need to decide what factors are most important to you both - keeping that job, or being together permanently the quickest.

This guide helps explain more about the pros and cons of each path: http://www.visajourney.com/content/compare

Wow! Thank you for such a fast and informative response. I should add that he is working under a company that is based in Ireland and they send him out on contracts to different locations. Canada has been his longest contract (2 years) but he is never certain how long he will stay in a location. I really love the idea of doing a CR-1 but I am uncertain if our situation is appropriate for it. The end of your post sums it up greatly- do we want to keep the job or be together quickly(I personally want the latter and him the former). Hopefully, I can show him this post and he can better see our options. Once again Thank You!

[lost_at_sea 995]

Wow! Thank you for such a fast and informative response. I should add that he is working under a company that is based in Ireland and they send him out on contracts to different locations. Canada has been his longest contract (2 years) but he is never certain how long he will stay in a location. I really love the idea of doing a CR-1 but I am uncertain if our situation is appropriate for it. The end of your post sums it up greatly- do we want to keep the job or be together quickly(I personally want the latter and him the former). Hopefully, I can show him this post and he can better see our options. Once again Thank You!

Ah, I see.

Well, to be honest - I think the CR-1 is probably the best of both of your needs. It's a little longer than the K1, but I think the benefit of having a green card immediately and not having to do the Adjustment of Status (which is over $1000 alone, whilst also not being able to work) weighs out the time. Plus, with him working, you can save up a bit more money, too!

[Logirl7 0]

Ah, I see.

Well, to be honest - I think the CR-1 is probably the best of both of your needs. It's a little longer than the K1, but I think the benefit of having a green card immediately and not having to do the Adjustment of Status (which is over $1000 alone, whilst also not being able to work) weighs out the time. Plus, with him working, you can save up a bit more money, too!

Thanks I'm going to start doing my research on the CR-1 right away!!!!

[Harpa Timsah 13,258]

If he has a good career why don't you move to him and get a dependent visa for wherever he is?

[Logirl7 0]

If he has a good career why don't you move to him and get a dependent visa for wherever he is?

That is also an option we are considering but since he does go out on contracts a lot sometimes he does not stay in a country for very long. Also I really want to stay in the states near my family. However, if we have no other options I will follow him anywhere.

Edited August 26, 2016 by Logirl7