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Filed: IR-1/CR-1 Visa Country: Canada
Timeline
Posted

Hi all, 

I'm looking for some advice and/or feedback. I am a Canadian in a relationship with an American from New Hampshire. When we are ready to get engaged, I'm trying to figure out the best next step. Here's what I'm thinking:

CR1 Visa - Couldn't we technically get married in a courthouse in Canada or the states soon after getting engaged and then wait on the ceremony and other formalities until I'm given the Visa? Then after our legal marriage, we would start paperwork for CR1 while I continue to live full-time in Canada, other than visits to the states once in awhile. Then as soon as I get the Visa, I would move to the states and look for a job and we would plan our wedding for soon after that (or could start planning when I'm close to getting my Visa?). That way, I could start working as soon as I got to the states instead of waiting the time it takes to adjust status with the K-1. Also, this means we would be free to travel and I wouldn't be locked into the states while my status gets adjusted.  


I'm researched the details of the K-1 too, but I'm hesitant because:

- It's more expensive

- you're limited in travelling once you cross into the states with your Visa (limited honeymoon options because could only go somewhere in the states; I would be stuck in the states if there was a family emergency or death in the family in Canada during that time)

 

Anyone else ever done the legal marriage straight away in order to start the CR1 paperwork, but not actually lived as married until you got the Visa?

 

Thanks in advance! Please let me know if you see any errors in my thinking. 

Posted

Yes, your CR-1 plan is perfectly fine. Just bring ties to return to Canada with you whenever you visit in case they ask.

 

Your understanding of the drawbacks of a K-1 are correct. You also would not be able to work on a k-1 until you get your EAD (~3-4 months after filing for AOS).

Timelines:

ROC:

Spoiler

7/27/20: Sent forms to Dallas lockbox, 7/30/20: Received by USCIS, 8/10 NOA1 electronic notification received, 8/1/ NOA1 hard copy received

AOS:

Spoiler

AOS (I-485 + I-131 + I-765):

9/25/17: sent forms to Chicago, 9/27/17: received by USCIS, 10/4/17: NOA1 electronic notification received, 10/10/17: NOA1 hard copy received. Social Security card being issued in married name (3rd attempt!)

10/14/17: Biometrics appointment notice received, 10/25/17: Biometrics

1/2/18: EAD + AP approved (no website update), 1/5/18: EAD + AP mailed, 1/8/18: EAD + AP approval notice hardcopies received, 1/10/18: EAD + AP received

9/5/18: Interview scheduled notice, 10/17/18: Interview

10/24/18: Green card produced notice, 10/25/18: Formal approval, 10/31/18: Green card received

K-1:

Spoiler

I-129F

12/1/16: sent, 12/14/16: NOA1 hard copy received, 3/10/17: RFE (IMB verification), 3/22/17: RFE response received

3/24/17: Approved! , 3/30/17: NOA2 hard copy received

 

NVC

4/6/2017: Received, 4/12/2017: Sent to Riyadh embassy, 4/16/2017: Case received at Riyadh embassy, 4/21/2017: Request case transfer to Manila, approved 4/24/2017

 

K-1

5/1/2017: Case received by Manila (1 week embassy transfer??? Lucky~)

7/13/2017: Interview: APPROVED!!!

7/19/2017: Visa in hand

8/15/2017: POE

 

Posted

Seems like you did your homework. I don't see anything wrong with your plans for the spousal visa.


And you concerns about the fiance visa are accurate.

 

As for your final question, many on this forum has done a courthouse wedding then returned to their country to wait out the process. hopefully they will chime and give their experience.

“When starting an immigration journey, the best advice is to understand that sacrifices have to be made... whether it is time, money, or separation; or a combination of all.” - Unlockable

Posted

One thing I'd like to add is that looking for a job with the CR1 might be easier because you don't have to move right away once your paper work is done, so you could technically keep working in Canada until you have a job. Or, if you decide to move right away, you will be able to start looking for a job once you get to the U.S.. Sometimes the EAD doesn't give you the ability to be specific with the date you can start and that can be challenging for certain jobs. Plus, being without work for so many months is not an option for everyone.

 

Good luck! 

Filed: IR-1/CR-1 Visa Country: Canada
Timeline
Posted

I'm continually surprised that so many Canadians go for the K-1 route. Given the choice, CR-1 is a considerably better option. It's a trivial matter for either partner to visit the other and get married - there are no visa requirements, and often no residence requirement either (depends on province/state, of course). With CR-1, you're able to continue working in Canada until the day you move to the US - and you're able to start working in the US from the moment you enter the country.

There are other downsides with K-1 too. I've seen plenty of posts here from people having difficulties getting a driver's licence on K-1 - many DMVs will only issue one with limited validity or refuse to issue one until you've got EAD in hand. There are also many complications with name changes - at least with CR-1, you can change your name before starting the whole process and not worry about updating your information with SSA and DMV after the fact.

If you're worried about the cost, an even better option would be to marry now and wait a year before filing - entering the US with two years of marriage would get you IR-1 status and save an additional $680 for the removal conditions associated with CR-1.

Filed: IR-1/CR-1 Visa Country: Canada
Timeline
Posted
11 hours ago, Coco8 said:

One thing I'd like to add is that looking for a job with the CR1 might be easier because you don't have to move right away once your paper work is done, so you could technically keep working in Canada until you have a job. Or, if you decide to move right away, you will be able to start looking for a job once you get to the U.S.. Sometimes the EAD doesn't give you the ability to be specific with the date you can start and that can be challenging for certain jobs. Plus, being without work for so many months is not an option for everyone.

With CR-1, you can even make a trip to the US to activate your green card and trigger the SSA to issue you an SSN, then return home and continue working in Canada until you've found a job in the US.

Filed: IR-1/CR-1 Visa Country: Canada
Timeline
Posted
12 hours ago, Alyssamac90 said:

Then after our legal marriage, we would start paperwork for CR1 while I continue to live full-time in Canada, other than visits to the states once in awhile. Then as soon as I get the Visa, I would move to the states and look for a job and we would plan our wedding for soon after that (or could start planning when I'm close to getting my Visa?)

One other point - once you're married, you're married. Anything after that would be a renewal of vows or a convalidation. If a big wedding is important to you, there's nothing to stop you from doing that and applying for CR-1 after - you don't have to have a quickie "legal" marriage first.

Filed: IR-1/CR-1 Visa Country: Canada
Timeline
Posted
1 hour ago, broppy said:

One other point - once you're married, you're married. Anything after that would be a renewal of vows or a convalidation. If a big wedding is important to you, there's nothing to stop you from doing that and applying for CR-1 after - you don't have to have a quickie "legal" marriage first.

Thanks! Your advice is helpful! We'd like to be able to live together after the ceremony so I think saving the ceremony for after  I get my visa would make the most sense. 

Filed: IR-1/CR-1 Visa Country: Canada
Timeline
Posted
4 hours ago, broppy said:

I'm continually surprised that so many Canadians go for the K-1 route. Given the choice, CR-1 is a considerably better option. It's a trivial matter for either partner to visit the other and get married - there are no visa requirements, and often no residence requirement either (depends on province/state, of course). With CR-1, you're able to continue working in Canada until the day you move to the US - and you're able to start working in the US from the moment you enter the country.

There are other downsides with K-1 too. I've seen plenty of posts here from people having difficulties getting a driver's licence on K-1 - many DMVs will only issue one with limited validity or refuse to issue one until you've got EAD in hand. There are also many complications with name changes - at least with CR-1, you can change your name before starting the whole process and not worry about updating your information with SSA and DMV after the fact.

If you're worried about the cost, an even better option would be to marry now and wait a year before filing - entering the US with two years of marriage would get you IR-1 status and save an additional $680 for the removal conditions associated with CR-1.

That is really helpful to know! I hadn't heard anything about issues with driver's licenses. So once people receive the CR-1, they change their name at that point? 

Filed: IR-1/CR-1 Visa Country: Canada
Timeline
Posted
12 minutes ago, Alyssamac90 said:

That is really helpful to know! I hadn't heard anything about issues with driver's licenses.

Yeah, that's one of the benefits of following VJ - problems with drivers' licences are rarely documented officially.

12 minutes ago, Alyssamac90 said:

So once people receive the CR-1, they change their name at that point? 

Most women change their surname when married - it's a lot easier to do that before starting immigration paperwork.

Filed: Citizen (apr) Country: Canada
Timeline
Posted

Its no difficult at all to change your name when you come on a K1 - you simply file your AOS (Adjustment of status) in your new married name,(your marriage certificate is your proof of change). Everything you receive after that from USCIS is in your new married name. I applied for my SSN in my married name (marriage cert as proof) and every piece of US id I've ever had is in my married name.

Wiz(USC) and Udella(Cdn & USC!)

Naturalization

02/22/11 - Filed

02/28/11 - NOA

03/28/11 - FP

06/17/11 - status change - scheduled for interview

06/20?/11 - received physical interview letter

07/13/11 - Interview in Fairfax,VA - easiest 10 minutes of my life

07/19/11 - Oath ceremony in Fairfax, VA

******************

Removal of Conditions

12/1/09 - received at VSC

12/2/09 - NOA's for self and daughter

01/12/10 - Biometrics completed

03/15/10 - 10 Green Card Received - self and daughter

******************

  • 2 weeks later...
Filed: IR-1/CR-1 Visa Country: Canada
Timeline
Posted
On 2017-05-11 at 5:22 AM, broppy said:

I'm continually surprised that so many Canadians go for the K-1 route. Given the choice, CR-1 is a considerably better option. It's a trivial matter for either partner to visit the other and get married - there are no visa requirements, and often no residence requirement either (depends on province/state, of course). With CR-1, you're able to continue working in Canada until the day you move to the US - and you're able to start working in the US from the moment you enter the country.

There are other downsides with K-1 too. I've seen plenty of posts here from people having difficulties getting a driver's licence on K-1 - many DMVs will only issue one with limited validity or refuse to issue one until you've got EAD in hand. There are also many complications with name changes - at least with CR-1, you can change your name before starting the whole process and not worry about updating your information with SSA and DMV after the fact.

If you're worried about the cost, an even better option would be to marry now and wait a year before filing - entering the US with two years of marriage would get you IR-1 status and save an additional $680 for the removal conditions associated with CR-1.

Fully agree with broppy. From file to approval on my CR1 it was 6 months. I sat at the doctors office awaiting my immigration medical and spoke with a K1 applicant with the exact same timeline.

 

You will have to make your case for not staying in the USA while awaiting your interview, but if you have a steady job, a mortgage or are on a lease, and other ties these all make the case for you returning to Canada. If you can make land crossings I would say even better, I always found them to be quicker and easier.

Posted
On 5/12/2017 at 4:04 AM, Udella&Wiz said:

Its no difficult at all to change your name when you come on a K1 - you simply file your AOS (Adjustment of status) in your new married name,(your marriage certificate is your proof of change). Everything you receive after that from USCIS is in your new married name. I applied for my SSN in my married name (marriage cert as proof) and every piece of US id I've ever had is in my married name.

But your Canadian passport would still be in your maiden name until changed. 

 

People do have issues applying for SSN in married name before the EAD as well. 

You have brains in your head. You have feet in your shoes. You can steer yourself any direction you choose.  - Dr. Seuss

 

 
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