Where do I start..

[Marion63 22]

I am a Permanent Resident of Canada and I am a Dutch Citizen.

My significant other is a USC.

We have a relationship for nearly 2 1/2  years and we spent as much time together as possible.

We live an hour away.

Our question is..Where do I start the immigration process.

Do we need to be married in order for me to move to the USA.

I have a great job in Canada and am also wondering if I am able to live in the USA and continue my job in Canada?

All replies are appreciated.

Thank you.

[geowrian 22,337]

You can either do a K-1 and marry in the US within 90 days of entering on the visa, or you can marry (anywhere) and do a CR-1 visa.

 

A CR-1 is superior to a K-1 in pretty much every way, but takes about 12-14 months for approval. A K-1 takes about 6-8 months on average.

 

CR-1

• Can work immediately upon entry
• Can travel abroad
• Grants a green card upon entry
• Cheaper
• http://www.visajourney.com/content/i130guide1
  NOTE: This uses the I-130A instead of the G-325As now.

K-1

• Can only work after getting married and filing for AOS + an EAD. ETA: 3-4 months after filing for AOS.
• Can only leave the US after getting married and filing for AOS + AP. ETA: 3-4 months after filing for AOS.
• Requires filing for AOS to get a green card after marriage ($1225 fee)
• More expensive
• http://www.visajourney.com/content/k1guide

If you do the K-1 visa, the ability to work remotely for foreign employer while being paid in a foreign account is considered a gray area...basically a mix of immigration and tax law. It shouldn't be an issue, but nobody can say something definitively (just that they did so and it was not an issue). With a CR-1, it's no issue at all since you are allowed to work immediately.

 

tldr; If you're willing to spend a couple extra months longer in your current setup, it's cheaper and much simpler (overall) to get married and do the CR-1 visa.

Edited July 26, 2017 by geowrian

[bakphx1 789]

If you can already travel to and from the U.S. as a tourist, I wouldn't bother with a K1 visa.  It is only meant to give a visa to someone to come and marry and then adjust status to CR1.    There would be needless extra paperwork and fees if you don't need any visa to see each other already.  In fact, you can't leave the US on a K1 visa and re-enter with it.  No ability to work or any other benefit.  If you can visit and can marry already, go for the CR-1.  More waiting, but it sounds like you don't have a barrier to seeing each other.

 

If you plan to stay in Canada and work, I would talk it over with a lawyer. But, I guess it 's more of whether you live together as spouses that makes a difference more than where you live.  After two years with a CR-1, they will want to see you've been living as a married couple since getting the visa to adjust it to a permant residency.  The CR-1 is conditional for two years.  

[Crazy Cat 41,888]

Almost every week, someone on VJ who entered on a K-1 says that they wish they had done the CR-1 instead. The reasons in the above two posts explain why.

Good luck and welcome to Visa Journey. This is a great community of like-minded users who found love across borders.....

Edited August 5, 2017 by missileman

[Marion63 22]

Thank you very much for this info..

Just wondering how long it could take before I can work in the USA

 

[EmilyW 1,437]

I'd look at Geowrian's post above which outlines when you'd be able to work.

[NikLR 13,227]

Cr1 takes about a year after sending off the I-130 petition.  You would interview in Montreal but can do the medical in Surrey, Toronto area or Montreal. 

[bakphx1 789]

Your CR1 serves as a Green Card for a year, so you can work from the day you get it.  

[Marion63 22]

Thank you.

[Dutchster 1,107]

On 9/4/2017 at 5:17 AM, bakphx1@aol.com said:

Your CR1 serves as a Green Card for a year, so you can work from the day you get it.  

Correction: CR-1 visa is used to enter the US. A few weeks after arrival she will receive her two year conditional green card if she has been married for less than two years. She gets a I-1551 stamp in her passport that is valid to show permanent residency until her psychical card comes in the mail. 

Edited September 7, 2017 by Dutchster

[NikLR 13,227]

9 hours ago, Dutchster said:

Correction: CR-1 visa is used to enter the US. A few weeks after arrival she will receive her two year conditional green card if she has been married for less than two years. She gets a I-1551 stamp in her passport that is valid to show permanent residency until her psychical card comes in the mail. 

There is no I-551 stamp for those entering on a CR1 OR IR1 visa.  The endorsed visa becomes a temporary green card valid for 1 year upon POE.  This is different than the I-551 stamp given by a USCIS office.  

The hard copy of the green card can take 3 weeks to 8+ months to get depending on when the immigrant fee was paid and the speed of the USCIS. 

Edited September 7, 2017 by NikLR

[Dutchster 1,107]

11 minutes ago, NikLR said:

There is no I-551 stamp for those entering on a CR1 OR IR1 visa.  The endorsed visa becomes a temporary green card valid for 1 year upon POE.  This is different than the I-551 stamp given by a USCIS office.  

The hard copy of the green card can take 3 weeks to 8+ months to get depending on when the immigrant fee was paid and the speed of the USCIS. 

Thanks for the catch. I'm not sure why I was so confused with the I-1551 lol.