Immigration Options

[AshleyJ 0]

Hey there everyone! 

 

I am new to this site, but found it in my research on immigration. I've been finding a few sites to be a bit daunting and overly wordy in describing several different processes and I wanted to be able to talk with some people who have gone through the immigration process already and what insight they may have. 

 

My boyfriend and I are currently battling long distance. He's from New Hampshire (Currently in New York, but we agreed when we finally lived together we'd go to NH). I am from the Vancouver area of Canada and I went to visit him a couple months ago, then he's coming here in February to visit. We've been talking about closing the gap for awhile now. We wouldn't mind living in Canada, but for the most part we've decided that the US was our preferred choice as I'm more adaptable to new surroundings than he is and he's got more attachment to his location than I do. 

 

So that being said, we've discussed that we would like to spend the rest of our lives together regardless, so marriage is an option we've considered on the table. We just aren't sure what route we should go that would be the most efficient and quickest. Not sure if that'd mean a CR1 or a K1 or not. I've considered trying to do a work visa, but I'm not sure how to find employment/an employer who would be willing to sponsor me. I only have a couple certificates on my belt. 

 

I apologize for how lengthy this is and if this is the wrong place to ask. All information is welcome and appreciated! Thanks in advance.

[Boiler 45,908]

One of our friendly mods will move your post to the correct forum.

[Pavel1982 104]

56 minutes ago, AshleyJ said:

Hey there everyone! 

 

I am new to this site, but found it in my research on immigration. I've been finding a few sites to be a bit daunting and overly wordy in describing several different processes and I wanted to be able to talk with some people who have gone through the immigration process already and what insight they may have. 

 

My boyfriend and I are currently battling long distance. He's from New Hampshire (Currently in New York, but we agreed when we finally lived together we'd go to NH). I am from the Vancouver area of Canada and I went to visit him a couple months ago, then he's coming here in February to visit. We've been talking about closing the gap for awhile now. We wouldn't mind living in Canada, but for the most part we've decided that the US was our preferred choice as I'm more adaptable to new surroundings than he is and he's got more attachment to his location than I do. 

 

So that being said, we've discussed that we would like to spend the rest of our lives together regardless, so marriage is an option we've considered on the table. We just aren't sure what route we should go that would be the most efficient and quickest. Not sure if that'd mean a CR1 or a K1 or not. I've considered trying to do a work visa, but I'm not sure how to find employment/an employer who would be willing to sponsor me. I only have a couple certificates on my belt. 

 

I apologize for how lengthy this is and if this is the wrong place to ask. All information is welcome and appreciated! Thanks in advance.

you can view this comparison from VJ for CR1 vs K1

 

http://www.visajourney.com/content/compare

[NikLR 13,231]

~~moved to what visa do i need from general immigration~~

 

Honestly unless you qualify for a TN status or visa, a spouse or fiancee visa will be your best way to live together.  Yes it will feel like it is rushing a bit I am sure.  

Quickest is k1.  Cheaper and more effcient is CR1.  All interviews are done in Montreal.  Depends on how you feel about not working for 4 months and being inable to travel back to Canada (and often even getting a driver's license is an issue.)  To live together right after marriage, those are the things you sacrifice.

 

[nightingalejules 678]

If you qualified for a work visa to the US you'd know. It's ridiculously hard to get one... and likely to get harder with the current administration. So your options are, as you say, K1 or CR1

 

In short:

• Do you want to get married in Canada? - CR1 (if you're already married, you can't do a K1 and once you've married on K1 it will take a while before you can travel.)
• Do you want to have a wedding that takes more than 89 days to plan? - CR1 (Once you cross the border on K1, you have 90 days to marry. And since you don't know how long the K1 will take, you can't confirm anything until you are approved.)
• Do you want/need to work/drive/get a bank account as soon as you arrive in the US? - CR1 (K1s, once married, file for Adjustment of Status to CR1. You also file for an employment authorization to work, and Advance Parole (to travel) (until your CR1 is accepted and you become a green card holder)
• Is there any chance you will want to visit Canada in the year after you get married? - CR1 (K1s can't leave the US until AP is approved, or they lose status)
• Do you want to get to the US as soon as possible? - K1 (longer than it used to be, but still the quickest)
• Can any family you want to invite to your wedding afford plane tickets to NY or NH with probably a month's notice? - K1 (remember, no one can book tickets til you're approved (since you don't know when that is) so they'll have to book tickets to see you marry within those magic 90 days.

Canada is a low visa fraud country, so you'll probably get whatever you apply for, if you fill out the forms carefully and submit all the evidence they want.

Last time I checked, they actually do K1 interviews in Vancouver as well as in Montreal, so a lot of the cost discrepancy is negated because you don't have to fly to Montreal. So for a Vancouverite, the cost is kind of a wash.

 

For me, I wanted to get married in Canada near my family, and since my parents were older, it was unacceptable for me not to be able to travel back to Canada quickly if I needed to (and, it turns out, I did, since my mom got sick and passed away not long after I immigrated. It is possible that in order to see her  before she passed, I would have had to leave the country before I got my "advance parole" (part of the adjustment of status that allows you to travel and be re-admitted to the US). If I had done that, we would have had to start all over with a CR1.

 

So we went the CR1 route and I have no regrets.

 

I hope this helps and wasn't too "wordy"

 

[geowrian 22,338]

8 minutes ago, nightingalejules said:

Last time I checked, they actually do K1 interviews in Vancouver as well as in Montreal, so a lot of the cost discrepancy is negated because you don't have to fly to Montreal. So for a Vancouverite, the cost is kind of a wash.

That's changed:

 

https://ca.usembassy.gov/visas/fiancee/

"Effective April 1, 2016, U.S. Consulate General Vancouver is no longer processing new fiancé(e) (K) visa applications. U.S. Consulate General Montreal will be the interview location for all fiancé(e) visas in Canada. This change applies to all fiancé(e) visa petitions received at the National Visa Center after March 31, 2016. U.S. Consulate General Vancouver will continue to process fiancé(e) visa applications and conduct interviews for petitions they received prior to that date. "

 

https://ca.usembassy.gov/visas/family-immigration/

"In Canada, immigrant visas are processed at the U.S. Consulate General in Montreal. For general information on immigrant visas, please visit the State Department. For information on applying for an immigrant visa in Canada, please consult the tabs below. "

[AshleyJ 0]

I've been looking at both the CR1 and K1 visas for awhile. I've been trying to read comparison's online but at times it felt like I was getting different information. I will say for the extra bit of time it does seem like CR1 is the best route in the long run. Especially since I am fairly close with my family and I don't know if I could go a year without seeing them. 

 

For the CR1 you'd have to go to Montreal though, wouldn't you? Which can be a little pricey. I know the wait time can be a bit much, but how long does it usually take? Can you visit your significant other while you wait to hear back about an interview date? Sorry for all the questions; I just like to know everything before I start doing something. Especially in case like this. 

 

Thank you everyone for all the information so far!

[nightingalejules 678]

45 minutes ago, AshleyJ said:

I've been looking at both the CR1 and K1 visas for awhile. I've been trying to read comparison's online but at times it felt like I was getting different information. I will say for the extra bit of time it does seem like CR1 is the best route in the long run. Especially since I am fairly close with my family and I don't know if I could go a year without seeing them. 

 

For the CR1 you'd have to go to Montreal though, wouldn't you? Which can be a little pricey. I know the wait time can be a bit much, but how long does it usually take? Can you visit your significant other while you wait to hear back about an interview date? Sorry for all the questions; I just like to know everything before I start doing something. Especially in case like this. 

 

Thank you everyone for all the information so far!

Yes, as @geowrian points out, you actually have to go through Montreal for either (dang! Thought I'd saved you some money!) I got a pretty great deal, and stayed at an AirBnB with a sweet couple about 10 minutes walk away from the consulate.

As far as the wait time, you need to check out the IR1/CR1 forum on this site and find out from them what the predicted wait times are right now. The times fluctuate - it was about a year from beginning (filing the first form) to end (crossing the border as a permanent resident) for us, but I think it's a little longer now. Of course, who knows - by the time you get married and file, USCIS might've gotten their **** together! Once upon a time, it only took 6-8 months!

[NikLR 13,231]

Cr1 takes about 12-14 months. K1 about 8 months.  But the AP and EAD are taking 4-6 months.  

During the visa process as long as you're working or going to school, visiting the USA generally is not an issue. 

 

You can do the medical in Surrey but all interviews are in Montreal which means at least a one night stay.

 

Personally I went with the CR1.  Travel was an issue for me as I have a teen who elected to stay in Canada.  I wanted to be able to work (or at least collect EI to help out financially) right away.  And I wanted to be married in a park where I grew up with my mom officiating.  That wouldn't have been able to happen on the K1.  You can spend more time planning the wedding with the k1 than 90 days.  The visa is valid for 6 months after the medical date but most people want to move asap.  There's no honeymoon somewhere exotic either (unless you choose Hawaii or a US territory) if that has been a wish. 

 

K1 from I-129F to green card is more expensive by almost twice and definitely WAY more paperwork.

(I-129F [$535], ds-160 [$265], i-134[$0], i-485, i-131, i-765, i-864[$1225] = $2025 + medical, police cert, travel costs)

vs

(i-130, i-130a[$535], ds-260[$325], i-864[$120], green card production fee [$220] = $1200 + medical, police cert, travel costs)

[NikLR 13,231]

On top of costs as a k1 you cant help out financially unless you have savings until you can get your ead to work.  Sometimes if you have a job offer though, the USCIS will expedite your ead. 

[NikLR 13,231]

K1 imho, are great for those who have mulitple children who are moving, or are from a country where tourist visas are hard to obtain to anywhere making it difficult for the beneficiary to marry before filing. And for those who simply cannot wrap their head around not living with their spouse after marriage.  If you can do an LDR now though, its pretty much the same. 

[AshleyJ 0]

I think together we've decided we're mostly interested in the CR1 just because it seems to have the most positives and least amount of drawbacks. It's drawback is that it takes more time, but then when you consider the time it takes to actually work and be productive in a partnership as such, it's roughly the same amount of time and it costs more. 

 

Our only concern at this particular moment is that he doesn't make enough for the sponsor. (I know there's another word for it, but I haven't gone to bed yet, so I'm slowly losing focus.) 

[NikLR 13,231]

Joint sponsors are possible and accepted in Montreal.  After sleep, read the I-864 instructions.

[Boiler 45,908]

He has time to sort out his financials.

[caliliving 606]

as a canadian who can travel freely with no travel restirctions, in my opinion, the CR1 is superior! you can get married even tomorrow and do the paperwrk and continue to visit while working at home ect.. then once you enter you will have a greencard right away.

 

doing a K1 you enter with no greencard, need to get married in the USA and need to do more paerwork and apply again!!! why go thru that trouble when you are from canada?

 

also, you wont have any problem visiting him during the process. just have ties to back home.  i think the k1 is more for third world countries where they cant visit here and they really arent making any money in their home country.