K1 vs. CR-1 - Moving Difficulties

[m2blueth 0]

Hi all,

 

I made an account because my fiancé and I are at an impasse and we're looking at more options...

 

In summary, my fiancé (Canadian, currently lives close to Toronto) and I are filing for a K-1 visa, with the intent that he was going to move in with me, settle, and then once the work permit came in, work.  I am currently a postbac student at a university in the US, so this would be timed with my last year of the program.  However, I'm being highly encouraged by my professors to seek a Masters program in my field, of which the best schools for me would be in Boston, New York, and... Toronto (in Canada).  Our application is essentially complete and ready to mail, but given the conversations on this and the fact that my fiancé is currently self-employed (with the intention of applying for jobs in the US once he is able), we are now torn on what to do.  Ideally, we'd like to be married as soon as possible and live together, but given the circumstances, this has become more difficult.

 

We just looked into the CR-1 visa as a different option, because it would give my fiancé the flexibility of working and then coming to the US whenever it was best to (ideally after I had moved to either Boston or New York - for reference, I am currently on the West Coast).  However, this does take longer, and we are not married yet (as we had been planning to do the K-1).  Given processing times (K-1 is looking like up to 10 months now apparently), and the fact that I would find out about Masters program acceptances in February/March of 2019, would a CR-1 visa be more reasonable than the K-1 (which is the one we have been preparing)?

 

Alternatively, if I get into the school in Toronto, which means I move to Toronto to live with my fiancé there, what might be some good approaches to this?  We are perfectly fine with living in either country, as at this point we are mostly concerned about making a future together regardless of where we end up.  We do want the ability of my fiancé to work as soon as he is able to.

[debbiedoo 2,339]

In your case, as long as you don't mind not living together for a few extra months, I'd do the Cr1 as it gives some more flexibility both with work and you possibly moving to toronto.

 

cr1 is by far the superior choice in general and would allow him to work immediately once he comes stateside.

 

at this time cr1 is literally only a few extra months, so it's not a huge time difference. 

[mushroomspore 3,044]

Hey fellow Canadian!

 

Honestly, CR1 is much more superior. K1 USED to be faster but this is not the case anymore.

 

Disadvantages of K1:

- Must get married ONLY inside the US within 90 days of entry

- Immigrant will experience long "dead time" in which he cannot work or travel outside of the US until EAD/AP is approved

- Most likely will have to do a second interview with USCIS for the green card approval (they used to waive most K1 interviews but are doing them more and more now)

 

By the time it is all said and done, K1 to green card is taking anywhere between 1-2 years.

 

CR1 takes 12+ months but has two significant advantages:

- You're allowed to get married anywhere 

- Immigrant is a permanent resident upon approval and gets the green card quickly after entry, allowing him to work and travel.

[Umka36 781]

For your situation CR1 is the better option.

[m2blueth 0]

Hi everyone,

 

Thanks for the feedback so far!  I have a couple notes to make regarding the CR1 though - 

 

My fiancé and I are not currently married; he was actually just in the US visiting me, and unfortunately can't come back within such a short period, which means I would have to go to him in Canada to get married.  My work schedule won't let me have the time to do this until September... and then there's the part involving planning the wedding/witnesses.  He wants us to be able to live together as soon as possible, but this would mean that he wouldn't be able to come to the US until maybe late 2019.  Is the CR1 still a good option here?

[Liam2021 587]

You can getting married when he visit you in the US, then he can go back to Canada and waiting for the process.

[mushroomspore 3,044]

1 hour ago, m2blueth said:

Hi everyone,

 

Thanks for the feedback so far!  I have a couple notes to make regarding the CR1 though - 

 

My fiancé and I are not currently married; he was actually just in the US visiting me, and unfortunately can't come back within such a short period, which means I would have to go to him in Canada to get married.  My work schedule won't let me have the time to do this until September... and then there's the part involving planning the wedding/witnesses.  He wants us to be able to live together as soon as possible, but this would mean that he wouldn't be able to come to the US until maybe late 2019.  Is the CR1 still a good option here?

He would have to wait until the CR1 is approved and finalized before moving permanently to the US. He can visit though while it's processing. The time difference between K1 and CR1 for him to move permanently isn't long enough to make K1 worth it, in my opinion. With CR1, he'd have to wait just a few months longer but will be a PR immediately.