US Citizen + UK Partner in Canada -> US, Questions

[LeoMyFriend 0]

Hello!

 

I am a US citizen living in Canada on a work permit. My partner is a UK citizen, also living in Canada, also on a work permit. Our work permits are expiring soon, and our Permanent Residency application was rejected, and our work permits can't be extended.

 

If we wanted to move to the US, I understand we would need to follow the DFC, which would be to contact the Consulate in Vancouver and go from there.

 

What is the time frame for this process?

Will my partner be able to work in the US?

Will my partner be able to leave the country after entering the US?

Should we marry before or after entering the US?

 

I might have more as they come along, but right now we're kind of in panic mode.

 

I greatly appreciate any help!

Edited March 22, 2019 by LeoMyFriend

[aaron2020 11,651]

Canada does not offer DCF.  You will have to file the I-130 in the US.  

Immigration does not happen quickly.  

Are you married?  Planning to marry?

[LeoMyFriend 0]

We don't have a US residence, is it still possible to file it in the US?

 

We are living in a common-law partnership, which I understand the US doesn't recognize. We were planning to get married eventually, I just didn't know what timing we should use for our marriage.

[aaron2020 11,651]

1 minute ago, LeoMyFriend said:

We don't have a US residence, is it still possible to file it in the US?

 

We are living in a common-law partnership, which I understand the US doesn't recognize. We were planning to get married eventually, I just didn't know what timing we should use for our marriage.

You don't need a US residence to mail and file in the US.  You can use a foreign address and mail your petition to the US.

You have two choices and both requires marriage - and neither is quick.  A spousal visa which requires a legal marriage or a K-1 fiance visa which requires marriage in the US.  Both paths will take about a year before your spouse or fiancee can enter the US with immigrant intent.

I know you are just starting out on this, so you will be shocked.  Immigration is not that easy.

 

Eventually, you will need to prove having a US domicile (a legal resident in the US where you permanently live) and have enough income or assets to meet the Affidavit of Support requirements.  Look up I-864 requirements.  

[LeoMyFriend 0]

I've been rolling through the immigration process in Canada, I know this never goes as smoothly, haha.

 

So, even if we sent in an I-129F Petition packet today, he wouldn't be able to legally enter the US (Without a visitor visa or a return ticket) until he receives his K-1? And then we have to get legally married within 90 days, apply for PR, and then he can start working?

 

And if we get married in Canada, will he be able to accompany me and simply not work? Or will he be barred from entry until we get through the entire CR-1 visa process?

[Just Paul 4,595]

12 minutes ago, LeoMyFriend said:

and then he can start working

He can start working after 4 to 6 months of waiting for an EAD. . .  after filing the AOS

[LeoMyFriend 0]

Just now, Paul & Mary said:

He can start working after 4 to 6 months of waiting for an EAD. . .  after filing the AOS

So he won't be able to work until about 6 months after we get married? Or 6 months after he gets approved for PR?

[Just Paul 4,595]

13 minutes ago, LeoMyFriend said:

And if we get married in Canada, will he be able to accompany me and simply not work?

12 to 14 months for a spousal Visa.    Since he has UK passport he might be able to get esta to visit.

 

Nothing is fast.

[Ontarkie 14,227]

~~Moved to What Visa Do I Need, from Bringing Family Of USC- The OP is just figuring things out.~~

[aaron2020 11,651]

8 minutes ago, LeoMyFriend said:

I've been rolling through the immigration process in Canada, I know this never goes as smoothly, haha.

 

So, even if we sent in an I-129F Petition packet today, he wouldn't be able to legally enter the US (Without a visitor visa or a return ticket) until he receives his K-1? And then we have to get legally married within 90 days, apply for PR, and then he can start working?

 

And if we get married in Canada, will he be able to accompany me and simply not work? Or will he be barred from entry until we get through the entire CR-1 visa process?

As a UK citizen, he can enter the US on the VWP which requires not having immigrant intent and a ticket out of the US.  He can visit until he gets his K-1 visa.

 

What he can't do is enter the US on a non-immigrant basis with the intent to immigrate.  This is where you're at.  

 

After applying to adjust his status, he will have to wait 5-7 months for his EAD to legally work.  He will not be able to legally work for a long time - at least 5-7 months.

 

Marriage in Canada to a US citizen means nothing.  You would need to file for a spousal visa.  He can't just enter the US with the intent to immigrate.  He needs a valid spousal visa.  

 

--------------

 

Here's the jist.

 

1.  Nothing is quick.  This will take a year no matter which route you take.

2.  Visiting is okay.  The onus is on him to prove that he doesn't have immigrant intent when he visits.

3.  There are severe drawbacks to the K-1 fiance visa.  It's 5-7 months of waiting for legal documents allowing him to work and travel internationally without abandoning the entire process.  

[Just Paul 4,595]

1 minute ago, LeoMyFriend said:

So he won't be able to work until about 6 months after we get married?

Correct on a K1.  4 to 6 months after getting married.

 

On a spousal it is wight away

[aaron2020 11,651]

1 minute ago, LeoMyFriend said:

So he won't be able to work until about 6 months after we get married? Or 6 months after he gets approved for PR?

For the K-1 fiance route, he will not be able to work for 5-7 months until he gets his EAD which happens after he files to adjust his status for a green card (PR).  

If you go the spousal visa route, then he immediately gets a green card when he enters the US and can work immediately.  This is the advantage of the spousal visa over the K-1 fiance visa.

 

[LeoMyFriend 0]

2 minutes ago, aaron2020 said:

For the K-1 fiance route, he will not be able to work for 5-7 months until he gets his EAD which happens after he files to adjust his status for a green card (PR).  

If you go the spousal visa route, then he immediately gets a green card when he enters the US and can work immediately.  This is the advantage of the spousal visa over the K-1 fiance visa.

 

And if we apply on a spousal visa, he wouldn't be able to accompany me to the US until the visa gets approved? Or would he be able to apply for a visitor visa while waiting for the spousal visa to be approved?

 

I apologize for all the questions, there are a lot of options to wrap my head around.

[aaron2020 11,651]

15 minutes ago, LeoMyFriend said:

And if we apply on a spousal visa, he wouldn't be able to accompany me to the US until the visa gets approved? Or would he be able to apply for a visitor visa while waiting for the spousal visa to be approved?

 

I apologize for all the questions, there are a lot of options to wrap my head around.

There is NO WAY for him to come and stay with you in the US for the entire immigration process.  US immigration doesn't work that way.

 

He is free to VISIT the US on the VWP.  He MUST be able to prove that he is entering the US without immigrant intent.  So, he can accompany you if he is VISITING and has proof of strong ties to the UK.  So, what are his strong ties to the UK?

 

He will probably be denied a visitor visa and the result will be no VWP either.  What are his strong ties to the UK that would allow him to visit the US for 6 months and why does he need more than the 90 days on the VWP?  Visiting you for 6 months is living with you - an end run around having to be separated and so it's going to be ugly if he tries for a visitor visa.  

 

There are not a lot of options.  There are only two.  K-1 fiance visa or CR-1 spousal visa.  

There is no easy way to do this.  LOOK AT THE TRUCKLOAD of people here who are separated from their spouses during the immigration process.   This is the reality of what you are embarking on - a year of separation.  Fortunately for you, your fiance is from a VWP and can visit the US.  Many people don't have that option.  My nephew has been separated from his wife and baby for 2 years.  Their visitor visa applications were denied.  My nephew has to go visit them.  

I know you are trying to think of ways to make the separation easier with him visiting you in the US.  If there were easy answers, we would give them to you.  There aren't.   

 

 

Edited March 22, 2019 by aaron2020

[LeoMyFriend 0]

I understand, thank you. By 'a lot', any more than 1 option would get my head spinning.

 

I understand that we'll be separated until the spousal visa gets approved. We're prepared for that. I guess the next step is to work out which option would be best for us. K-1 would let us be together while we wait for the EAD, but we would need months to get the K-1 visa first, and THEN we would marry in the states. CR-1 would allow him to work as soon as he enters the states, but we have to wait about a year until that even gets approved. I think I've got what I need, unless my information there is wrong.

 

Thank you all so much for your help!