Canadien extension visa during covid 19

[AD_1987 2]

21 hours ago, HRQX said:

Your 2 options (after marriage) are:

• AOS; or
• the US citizen files I-130 to start CR-1 visa path. CR-1 is issued in Montreal consulate

Thanks HRQX. I understood though that I cannot simply marry in the US while on a B-2 tourist visa and apply for AOS though.....because then why would anyone even bother with the K-1 process?  I don't want start over and go the CR-1 route and wait another year (or longer) before I can move here with a green card. We want to be together sooner. We chose the K-1 route because the wait at the time was around 6-8 months.

 

At this point, I think I'd still receive my K-1 visa in less than a year, making the CR-1 timeline longer (1 year + delays) than just waiting for the K-1 (hopefully within 6 months? fingers crossed). I understand that once we get the K-1, we marry and apply for AOS.

 

What I don't understand is the AOS option without having received the K-1 yet... if I am just here on a B-2 visa, I thought we couldn't get married, just visit. That's why I had to apply and wait for the K-1. Am I wrong? If we choose to get married now (without the K-1) and apply for AOS, will they call visa fraud on me for having come to the US on a B-2 but actually had the intention to marry (clearly as we've been together for 5 years and have filed for the K-1, which I'm sure they will be able to see), and then it cause problems during the green card application/interview? I don't want to do anything illegal or that will cause delays. BUT, if there's something I don't know about that could speed things up, I'd be really glad to explore other options! Thanks for your guidance! 

 

13 hours ago, JacobP said:

Why do you believe you need to be a citizen immediately for your fiances job? Even for security clearances your lack of citizenship should not be an issue.

He will be transferred internationally, and they will only move entire families on US passports. I don't want to be stuck in the US with our (hopefully future) children while he is sent abroad in a few years. I need to get a US passport ASAP (though I am very happy with my Canadian passport, just needed for his job!)

[HRQX 4,145]

5 minutes ago, AD_1987 said:

I understood though that I cannot simply marry in the US while on a B-2 tourist visa and apply for AOS though.....because then why would anyone even bother with the K-1 process?

The US does not require a particular visa or legal status (or any status at all) to marry. K-1 makes sense now so that all couples from different places have a path. For example, Moroccan nationals might have a difficult time trying to get a B-2 visa. Let's say a same-sex US-Morocco couple get engaged. The K-1 provides a clear path for them since same-sex marriage is illegal in Morocco. As K-1 and IR-1/CR-1 timelines fluctuate, there used to be a time when K-1 was way faster than CR-1. In general, that is no longer the case.

19 minutes ago, AD_1987 said:

What I don't understand is the AOS option without having received the K-1 yet... if I am just here on a B-2 visa,

What is prohibited when entering with B-2 is preconceived intent to AOS. If you made the decision to AOS after you entered, then AOS is allowed. debbiedoo's husband is also from Canada and had a pending K-1 when during a US visit they decided to marry and AOS. Their AOS interview was straightforward; see "Office Review": https://www.visajourney.com/timeline/profile.php?id=285164

[geowrian 22,337]

47 minutes ago, AD_1987 said:

I understood though that I cannot simply marry in the US while on a B-2 tourist visa and apply for AOS though.....because then why would anyone even bother with the K-1 process?  I don't want start over and go the CR-1 route and wait another year (or longer) before I can move here with a green card. We want to be together sooner. We chose the K-1 route because the wait at the time was around 6-8 months.

No particular visa, status, etc. is needed to marry. Even people who entered illegally can marry.

Entering with intent to AOS is fraud. That's why a K-1 may be appropriate...that allows you to enter, marry, and stay.

If somebody just wanted to enter and marry then go home, that's perfectly allowed. If they are already in the US and something happens to make them want to stay, they can file for AOS. They cannot plan to stay at the time of entry, though.

 

There are also some edge cases with future stepchildren where a K-1 may be necessary. A stepchild for a spouse must have become a stepchild before age 18 in order to qualify for immigration benefits based upon that stepparent/stepchild relationship. Whereas a child of a fiance/fiancee remains eligible for a K-2 visa until age 21.

 

That said, the K-1 often makes little sense for a Canadian unless somebody is dead set on staying together in the US upon marriage. The ease of travel for Canadians throughout the process makes waiting out the spousal visa process usually preferable over all the drawbacks of a K-1.

 

47 minutes ago, AD_1987 said:

He will be transferred internationally, and they will only move entire families on US passports. I don't want to be stuck in the US with our (hopefully future) children while he is sent abroad in a few years. I need to get a US passport ASAP (though I am very happy with my Canadian passport, just needed for his job!)

Hard to say what will actually be faster, and much of it depends on where you would live in the US, but many times a CR-1 visa leads to permanent residency at least a little faster than the AOS process. The sooner you get permanent residency, the sooner you can qualify for naturalization. A CR-1 grants permanent residency upon entry.

But either way you are talking about more than a few years (at least 3 years after entry before even being eligible to apply).