Timeline

[JennandJames 19]

If he has his Visa and doesn't get his green card for over a year,  will he have to go back to Canada?

 

[Crazy Cat 41,886]

3 minutes ago, JennandJames said:

No I was planning on doing that next week.  I just feel that it would be better to file the K1 next week rather than waiting until January when he comes here to get married and then filing. I feel like I will be further in the process by January.  I can't go another couple of years without being with him.  I have already spent 3 years without him.

Why would you be away from him for 2 more years?  A Cr-1 doesn't take but a year...and results in a green card immediately.  With a K-1, he won't have a green card for at least a year after marriage.....almost 2 years from now.

Edited August 31, 2018 by missileman

[Hello729 74]

3 minutes ago, missileman said:

Exactly.  With AOS, the K-1 spouse will not receive a Green Card for about 2 years from filing to Green Card in hand.  Whereas a CR-1 is currently taking 12-14 months on average, and it results in a Green Card immediately upon entry to the US.

Thank you for confirming this.  ❤️

[mushroomspore 3,044]

3 minutes ago, JennandJames said:

If he has his Visa and doesn't get his green card for over a year,  will he have to go back to Canada?

 

No, adjustment of status grants applicants "authorized stay". In fact, applicants need to stay in the US while adjustment is pending unless they are granted Advanced Parole (I-131). If they leave while adjustment is pending WITHOUT Advanced Parole, their adjustment application is considered abandoned. Please read the adjustment of status guide on this website. And also, please refer to my previous post as your timeline is a little confusing. If you have not filed the K1 papers yet, he cannot come to the US in January to marry you. His K1 will be granted to him sometime between April and June, realistically speaking.

Edited August 31, 2018 by mushroomspore

[JennandJames 19]

2 minutes ago, mushroomspore said:

Sorry, I'm a little confused. If you are doing K1, he cannot enter the US to get married to you until AFTER the K1 is approved. It will not be approved by January. Realistically, maybe sometime April to June.

I have not started anything yet.  I'm planning on starting the K1 next week with the hopes that he will be here by the end of next summer.  If I don't do the K1, I won't be able to get married until Jan then do the CR1. Then he won't be here until 2020.

4 minutes ago, mushroomspore said:

Sorry, I'm a little confused. If you are doing K1, he cannot enter the US to get married to you until AFTER the K1 is approved. It will not be approved by January. Realistically, maybe sometime April to June.

I have not started anything yet.  I'm planning on starting the K1 next week with the hopes that he will be here by the end of next summer.  If I don't do the K1, I won't be able to get married until Jan then do the CR1. Then he won't be here until 2020

[Crazy Cat 41,886]

Just now, JennandJames said:

I have not started anything yet.  I'm planning on starting the K1 next week with the hopes that he will be here by the end of next summer.  If I don't do the K1, I won't be able to get married until Jan then do the CR1. Then he won't be here until 2020.

Only you can say what is better for your situation.....However, be aware that many K-1 couples later say they should have done the CR-1 instead because a lot of people have had problems during the year of "limbo" between marriage and getting a Green Card....

Good Luck.

[mushroomspore 3,044]

8 minutes ago, JennandJames said:

I have not started anything yet.  I'm planning on starting the K1 next week with the hopes that he will be here by the end of next summer.  If I don't do the K1, I won't be able to get married until Jan then do the CR1. Then he won't be here until 2020.

Okay gotcha. Yes that makes sense. With K1, he will be in the US mid-2019. With CR1, then yes, he wouldn't be there until 2020. But with K1 (also more expensive than CR1), he will not a permanent resident and will not have his green card until 2020 because adjustment of status involves "dead time" during which he cannot work or travel internationally until he receives the EAD/AP (work/travel permit). CR1 makes him a permanent resident upon arrival in 2020, allowing him full work and travel authorization as well.

 

But it is up to you guys as only you know what's best for your specific life circumstances.

 

Edit: just wanted to add that I'm Canadian, applied for adjustment August 2017, have the work/travel permit but haven't left the US at all (mostly cause my and my husband's schedules haven't allowed us to plan an international trip yet). Our interview with USCIS was JUST scheduled after a long 12 month and 2 week wait. By the time it is done, our AoS will have taken 14 months. Just to give you an idea how it goes down these days...adjustment of status is no joke. It takes FOREVER and it is impossible to predict how long it will take.

 

Edit 2: my EAD/AP took 8 months. That is also no joke. It is NOT fun to not work for that long.

Edited August 31, 2018 by mushroomspore

[Bluepanda92 33]

Cr-1 visa is $1000-$2000 cheaper, he will be able to work the moment he lands, and if the application was to be denied you'll be able to appeal against it, with the k1 visa you can't appeal against it, and he would be unemployed for at least 6 months, yes it is a few months extra time you would be apart, but those few months extra waiting would save you thousands of dollars, and allow him to work immediately 

[Hello729 74]

36 minutes ago, missileman said:

These are the average K-1 processing times as reported by VJ members:  http://www.visajourney.com/content/k1historical

This.❤️

[debbiedoo 2,339]

My fiance is from canada. He comes down every 3 weeks for a long weekend. Your fiance (or husband if you marry and choose to do CR1) can still visit during the process. We are doing the K1 (for reasons specific to us we did not do the CR1, but it is, in MOST cases the BEST option). 

Edited August 31, 2018 by debbiedoo

[mushroomspore 3,044]

8 minutes ago, debbiedoo said:

My fiance is from canada. He comes down every 3 weeks for a long weekend. Your fiance (or husband if you marry and choose to do CR1) can still visit during the process. We are doing the K1 (for reasons specific to us we did not do the CR1, but it is, in MOST cases the BEST option). 

Good point! For both K1 and CR1, he is still allowed to visit while visa is pending. Canadians are also lucky since we don't have to go through a whole other application to obtain a tourist visa. I don't foresee he'd have any issues visiting during the visa process.

[Loren Y 2,755]

If your worried about 1000-2000 dollars difference between the two Visa's, you shouldn't do either. Be prepared to break out a bunch of money either route you take. I put away 10,000 Dollars in a high yield saving account to pay for everything all the way to citizenship. Have K1 approval, and Visa issued. Down to about 6500 in the account. Now I buy a 700 dollar plane ticket for November, then get married ( that's the cheapest part of the whole process) then 1225 to AOS, then around 800 to ROC, then finally in about 4 years from now drop the next 800 for the N400. Any way you slice it, K1 or CR1 be ready for sticker shock. It's all the small stuff that nickel and dimes you to death. Not to scare you, but be prepared, this is not a cheap undertaking by a long shot. How people that barely make the 125% of poverty level get by is amazing to me.

 

You have a good advantage though being you will be doing the Visa from a country you can drive to if need be, that should save you a chunk of cash right there.

[JennandJames 19]

1 minute ago, Loren Y said:

If your worried about 1000-2000 dollars difference between the two Visa's, you shouldn't do either. Be prepared to break out a bunch of money either route you take. I put away 10,000 Dollars in a high yield saving account to pay for everything all the way to citizenship. Have K1 approval, and Visa issued. Down to about 6500 in the account. Now I buy a 700 dollar plane ticket for November, then get married ( that's the cheapest part of the whole process) then 1225 to AOS, then around 800 to ROC, then finally in about 4 years from now drop the next 800 for the N400. Any way you slice it, K1 or CR1 be ready for sticker shock. It's all the small stuff that nickel and dimes you to death. Not to scare you, but be prepared, this is not a cheap undertaking by a long shot. How people that barely make the 125% of poverty level get by is amazing to me.

 

You have a good advantage though being you will be doing the Visa from a country you can drive to if need be, that should save you a chunk of cash right there.

I'm not worried about the money.  I just want him to be here,  so I can fall asleep next to him every night.  We both have a pretty decent sized savings accounts. We can figure the money thing out. 

[mushroomspore 3,044]

Just now, JennandJames said:

I'm not worried about the money.  I just want him to be here,  so I can fall asleep next to him every night.  We both have a pretty decent sized savings accounts. We can figure the money thing out. 

In that case, file away!

[Loren Y 2,755]

10 minutes ago, JennandJames said:

I'm not worried about the money.  I just want him to be here,  so I can fall asleep next to him every night.  We both have a pretty decent sized savings accounts. We can figure the money thing out. 

Then you should be good to go. I did the K1 and had Visa in hand at almost exactly the 8 month mark, and that was done thru a harder embassy. Canada should be a breeze. 

 

You should know if your going to have a harder case or not. If it's a simple case with no previous marriage, no criminal history, etc. Anything that might be a red flag ( you can search here) you shouldn't have to worry about being denied for either Visa. If your not eligible for one your probaly going to not get the other, being able to appeal the decision isn't going to make a difference.

Edited August 31, 2018 by Loren Y