Apparently K1 Is not required for Canadians?

[MFL 0]

So, I can’t find a thread on this. If one already exists, please let me know! I am a Canadian citizen and my boyfriend is American. We filed for K1 visa a few months ago on our own. We are waiting for NOA2. Today, I called « VisaPlace » to get some information about if I can spend more than 182 days in the states in a calendar year as a visitor. WELL, I got a lot more information from the lawyer, he basically told me I wasted my time applying for a K1 As Canadians don’t have to apply for K1 before getting married, it’s for countries that can’t enter the states without a visa. and that I could retain their services, they would void the K1 application and go directly to I-130. IM SO CONFUSED. Everything I read contradicted what the lawyer was telling me. I don’t know what to do. Should I continue on with the K1 process or pay $5k+ and retain immigration lawyer services so that they do the application for me and go straight to I-130? Anyone can help?

[SalishSea 17,856]

8 minutes ago, MFL said:

So, I can’t find a thread on this. If one already exists, please let me know! I am a Canadian citizen and my boyfriend is American. We filed for K1 visa a few months ago on our own. We are waiting for NOA2. Today, I called « VisaPlace » to get some information about if I can spend more than 182 days in the states in a calendar year as a visitor. WELL, I got a lot more information from the lawyer, he basically told me I wasted my time applying for a K1 As Canadians don’t have to apply for K1 before getting married, it’s for countries that can’t enter the states without a visa. and that I could retain their services, they would void the K1 application and go directly to I-130. IM SO CONFUSED. Everything I read contradicted what the lawyer was telling me. I don’t know what to do. Should I continue on with the K1 process or pay $5k+ and retain immigration lawyer services so that they do the application for me and go straight to I-130? Anyone can help?

Huh??  Incorrect.  None of that is correct.  Please steer clear of that lawyer.

 

If your USC BF wants to bring you here to marry you and for you to live and work in the US (green card), you absolutely need  a K-1 visa.  If you want to marry (either in US or Canada), you would do a CR-1.  You cannot "live" in the US while the visa is pending, but you can visit per CBP.

 

That lawyer is either irresponsible and dispensing bad info, or simply incompetent.

Edited June 29, 2020 by Jorgedig

[Timona 4,207]

From what I've read on this forum,  Canadians are allowed to stay upto 6 months as a visitor. 

Dump the lawyer. You don't need $5K punched in your pocket if your case is simple. If you get married, just file the papers on your own and save those lawyer fee. The guides, whether K-1 or CR1, are at the top right of this page.

Edited June 29, 2020 by Timona

[Lucky2Lucky 2,526]

Wow. That's probably the dumbest lawyer I've ever heard. Where did he get his degree? Trump University?!

Retain him for $5000?!?!?! Definitely a scammer.

Edited June 29, 2020 by Luckycuds

[Crazy Cat 41,919]

I agree that the attorney is steering you in the wrong direction...and trying to get you to spend money needlessly.  I agree with @Jorgedig..I do think that a K-1 is not always a good choice for a US-Canadian couple who can visit each other during the CR-1 process.  

Every couple has their own priorities, and each couple must decide which visa is better for their situation.

K-1
    Slightly faster arrival in the US 
    More expensive than CR-1    
    Requires Adjustment of Status after marriage (expensive and requires a lot of paperwork)    
    Spouse can not leave the US until she/he receives approved Advance Parole (approx 5-6 months)    
    Spouse can not work until she/he receives EAD (approx 5-6 months)    
    Some people have had problems with driver licenses, Social Security cards, leases, bank account during this period    
    Spouse will not receive Green Card for many months after Adjustment of Status is filed.

  

CR-1
    Slightly slower arrival in the US 

    Less expensive than K-1    
    No Adjustment of Status(I-485, I-131, I-765) required.    
    Spouse can immediately travel outside the US    
    Spouse is authorized to work immediately upon arrival.    
    Spouse receives Social Security Card and Green Card within 2 or 3 weeks after entering the US    
    Opening a bank account, getting a driver's license, etc. are very easily accomplished with GC, SS card, and passport.

    Spouse has legal permanent Resident status IMMEDIATELY upon entry to US.
  �

 

 

Edited June 29, 2020 by Lucky Cat

[MFL 0]

9 minutes ago, Lucky Cat said:

I agree that the attorney is steering you in the wrong direction...and trying to get you to spend money needlessly.  I agree with @Jorgedig..I do think that a K-1 is not always a good choice for a US-Canadian couple who can visit each other during the CR-1 process.  

Every couple has their own priorities, and each couple must decide which visa is better for their situation.

K-1
    Slightly faster arrival in the US 
    More expensive than CR-1    
    Requires Adjustment of Status after marriage (expensive and requires a lot of paperwork)    
    Spouse can not leave the US until she/he receives approved Advance Parole (approx 5-6 months)    
    Spouse can not work until she/he receives EAD (approx 5-6 months)    
    Some people have had problems with driver licenses, Social Security cards, leases, bank account during this period    
    Spouse will not receive Green Card for many months after Adjustment of Status is filed.

  

CR-1
    Slightly slower arrival in the US 

    Less expensive than K-1    
    No Adjustment of Status(I-485, I-131, I-765) required.    
    Spouse can immediately travel outside the US    
    Spouse is authorized to work immediately upon arrival.    
    Spouse receives Social Security Card and Green Card within 2 or 3 weeks after entering the US    
    Opening a bank account, getting a driver's license, etc. are very easily accomplished with GC, SS card, and passport.

    Spouse has legal permanent Resident status IMMEDIATELY upon entry to US.
  �

 

 

Thank you everyone! I feel so much better seeing you guys agree with me. I couldn’t believe what he was telling me!

[geowrian 22,337]

I think what the lawyer was trying to get at is that you don't need a special visa to marry in the US. Nobody needs a K-1 to marry.

You do need a particular visa to allow you to enter with intent to stay in the US. That's where the K-1 comes into play - it's to enter, marry, and stay. If all you wanted to do was marry, leave, then get a spousal visa abroad, then you could do so just as a normal visitor.

 

A K-1 for Canadians often doesn't make sense IMO because of the ease of travel. It's better to plan a marriage on your own time, then go with a CR-1 (spousal) visa as it doesn't have all the drawbacks of a K-1 (mainly the work + travel restrictions for several months).

But some people prefer to live together from the moment of marriage, so that's where a K-1 is useful for a Canadian still (or if they are ineligible for visa-less entry and unable to get a visa).

 

That said...abandon the existing application, marry, then start over with a spousal case? And pay him $5000 to do so??

Unless there is some compelling reason - i.e. if you will need to work or travel - that's probably not the way to go now. I think he just wants your $$$.

 

Going back to your original question,. there is no limit to how many days you can be within the US. CBP often admits somebody for up to 6 months, but it can be as little as one day or as much as 1 year in limited cases. Each entry is separate. However:

1) If it looks like you are living in the US, CBP may deny you entry. As a general rule, one should spend at least more time outside the US than in it...twice as much being preferred. Typical visitors with compelling ties to return home aren't in the US for that long (unless they work along the border or something and cross regularly).

2) There are consequences for staying in the US more days than in Canada. First, you may become a US tax resident and have to file a return with the IRS. Second, you may lose provincial heath care coverage in Canada, or other benefits that rely on either residency or physical presence.

[MFL 0]

2 minutes ago, geowrian said:

I think what the lawyer was trying to get at is that you don't need a special visa to marry in the US. Nobody needs a K-1 to marry.

You do need a particular visa to allow you to enter with intent to stay in the US. That's where the K-1 comes into play - it's to enter, marry, and stay. If all you wanted to do was marry, leave, then get a spousal visa abroad, then you could do so just as a normal visitor.

 

A K-1 for Canadians often doesn't make sense IMO because of the ease of travel. It's better to plan a marriage on your own time, then go with a CR-1 (spousal) visa as it doesn't have all the drawbacks of a K-1 (mainly the work + travel restrictions for several months).

But some people prefer to live together from the moment of marriage, so that's where a K-1 is useful for a Canadian still (or if they are ineligible for visa-less entry and unable to get a visa).

 

That said...abandon the existing application, marry, then start over with a spousal case? And pay him $5000 to do so??

Unless there is some compelling reason - i.e. if you will need to work or travel - that's probably not the way to go now. I think he just wants your $$$.

 

Going back to your original question,. there is no limit to how many days you can be within the US. CBP often admits somebody for up to 6 months, but it can be as little as one day or as much as 1 year in limited cases. Each entry is separate. However:

1) If it looks like you are living in the US, CBP may deny you entry. As a general rule, one should spend at least more time outside the US than in it...twice as much being preferred. Typical visitors with compelling ties to return home aren't in the US for that long (unless they work along the border or something and cross regularly).

2) There are consequences for staying in the US more days than in Canada. First, you may become a US tax resident and have to file a return with the IRS. Second, you may lose provincial heath care coverage in Canada, or other benefits that rely on either residency or physical presence.

Thank you so much. This is so useful. In your opinion, should I:

 

abandon the K1 application, get married on our own and apply for the CR1 spouse visa

 

or 

stay the course with the K1 application.

 

wondering which of those options would save me the most time and I’d like to keep visiting In Massachusetts while we wait.

[geowrian 22,337]

31 minutes ago, MFL said:

Thank you so much. This is so useful. In your opinion, should I:

 

abandon the K1 application, get married on our own and apply for the CR1 spouse visa

 

or 

stay the course with the K1 application.

 

wondering which of those options would save me the most time and I’d like to keep visiting In Massachusetts while we wait.

Depends on your priorities and personal circumstances.

Is a 4-7+ month wait (or longer now) to work or travel abroad something you are comfortable living with? It's never optimal, but if it's something you can accept to be together more quickly, the K-1 makes sense.

If the inability to work or travel abroad for that long is unacceptable, a CR-1 makes more sense. For a career professional in some fields, that kind of thing can drive you crazy or set you back in the career a good way. For a homemaker, it's likely not even a factor.

 

You have to weight the pros and cons and determine what is best for you.

I did the K-1 and I don't regret the decision based upon our circumstances. It was what worked best for us, and we knew what we were getting into. For some people, they would say that if they had to do it again, they would have done the CR-1 instead. There is no easy answer, sorry.

Edited June 29, 2020 by geowrian

[MFL 0]

2 minutes ago, geowrian said:

Depends on your priorities and personal circumstances.

Is a 4-7+ month wait (or longer now) to work or travel abroad something you are comfortable living with? It's never optimal, but if it's something you can accept to be together more quickly, the K-1 makes sense.

When you say « travel abroad », does this mean that with the K1 visa application I can’t visit the US? I’m not worried about work, but I want to continue visiting while we wait on the visa.

 

btw, thank you so much for taking the time to respond. It’s the most helpful information I’ve gotten so far!

[geowrian 22,337]

6 minutes ago, MFL said:

When you say « travel abroad », does this mean that with the K1 visa application I can’t visit the US? I’m not worried about work, but I want to continue visiting while we wait on the visa.

 

btw, thank you so much for taking the time to respond. It’s the most helpful information I’ve gotten so far!

You can continue to visit - subject to CBP inspection as always - with either visa option.

 

The inability to travel abroad means that once you enter on a K-1 visa, you can't leave (and return) until either you get Advance Parole (AP) or AOS approved (green card). If you do leave after entry on the K-1, your AOS application is deemed abandoned and you would have to start over from scratch with a CR-1 visa.

[MFL 0]

52 minutes ago, geowrian said:

You can continue to visit - subject to CBP inspection as always - with either visa option.

 

The inability to travel abroad means that once you enter on a K-1 visa, you can't leave (and return) until either you get Advance Parole (AP) or AOS approved (green card). If you do leave after entry on the K-1, your AOS application is deemed abandoned and you would have to start over from scratch with a CR-1 visa.

Oh wow. I didn’t know that! Thank you!

[Crazy Cat 41,919]

21 minutes ago, MFL said:

Oh wow. I didn’t know that! Thank you!

That is one of the big disadvantages of a K-1 in many people's minds......no leaving the US or working for 5-7 months (pre Covid).

[NikLR 13,227]

On 6/29/2020 at 2:46 PM, MFL said:

Oh wow. I didn’t know that! Thank you!

The K1 ends up costing almost double of the CR1.  However in Canada, once the consulate is running again for interviews, the CR1 is taking almost twice as long to interview.   So you need to weigh your pros and cons not just with the list above but individual consulates. 

 

AOS can take over a year. During your wait for AP/EAD (4-7m) you may not be able to drive even, not just work or travel internationally. 

 

But with the very long backlog at Montreal right now, it may be 2 years or more for the CR1 from I-130 submission to interview.  During that time you can try to visit but you can't live together. 

 

However to add, the long wait makes it more and more likely people will be skipping ROC. 

Edited July 5, 2020 by NikLR

[MFL 0]

On 7/5/2020 at 7:25 AM, NikLR said:

The K1 ends up costing almost double of the CR1.  However in Canada, once the consulate is running again for interviews, the CR1 is taking almost twice as long to interview.   So you need to weigh your pros and cons not just with the list above but individual consulates. 

 

AOS can take over a year. During your wait for AP/EAD (4-7m) you may not be able to drive even, not just work or travel internationally. 

 

But with the very long backlog at Montreal right now, it may be 2 years or more for the CR1 from I-130 submission to interview.  During that time you can try to visit but you can't live together. 

 

However to add, the long wait makes it more and more likely people will be skipping ROC. 

Thank you for this info! I ended up deciding to wait it out on the K1. This might be a dumb question but what is ROC?