K1 Started in January 2020. Potentially visiting fiancee this month. Should we just marry?

[Hawaiijames 0]

I am a US citizen. She is a Mexican citizen who resides in Canada. This may have been asked before but I was curious, should we just marry if I do end up being allowed to see her in Canada later this month? We haven't planned or talked about it really. Just curious if it is something we should do if that means she would be able to move to the US more quickly. 

[aaron2020 11,651]

Going to Canada to marry her will not mean she will be able to move to the US more quickly.  It's the opposite - it will take longer for her to be eligible to move to the US. 

Marriage would make her ineligible for a K-1 visa.  You would have to start over with a CR-1 spousal visa.  It will end up taking longer for her to be able to move to the US than just being patience and pursuing the K-1 fiancee visa.

Edited July 9, 2020 by aaron2020

[geowrian 22,337]

Marrying won't let her move more quickly. A K-1 is generally faster than a CR-1 visa. That said, a CR-1 is superior to a K-1 in almost every way. Which one you should do depends on your circumstances and priorities.

 

K-1:

* Faster. Average is about 3-6 months faster overall the last I saw. The exact amount of time changes regularly.

* Cannot work for several months after entry. Needs an EAD or green card. ETA: for an EAD was 4-7 months post-marriage and post-filing for ASO pre-COVID, and is likely longer now.

* Cannot leave the US (and return without a whole new visa) without AP or a green card. ETA is around the same as the EAD.

* Timeline for AOS (to get the green card) depends on local field office. Some can be a few months. Many are a year or longer. Some are 18+ months on average. And this is all pre-COVID, which very likely will negatively impact timelines here.

* May or may not be able to drive without an EAD. Check the state's DMV resources for specific requirements.

 

CR-1:

* Slightly longer to obtain.

* Can work from day 1 of entry.

* Can travel abroad and return.

* Spouse of a USC is not subject to recent travel bans (not that Canada is likely to be added, but who knows what will happen with the virus). A fiance is not exempt.

 

Edit: I see that you already filed for a K-1. Unless the ability to work or travel is critical, staying the course makes sense.

Edited July 9, 2020 by geowrian

[Hawaiijames 0]

So we are currently at the NVC and waiting for Montreal to open their consulate for the interview for the NVC to send our package to them. So I suppose we're pretty deep in the K1 hole, perhaps too deep to try anything drastic. But, like everyone else, we're getting desperate 

[geowrian 22,337]

8 minutes ago, Hawaiijames said:

So we are currently at the NVC and waiting for Montreal to open their consulate for the interview for the NVC to send our package to them. So I suppose we're pretty deep in the K1 hole, perhaps too deep to try anything drastic. But, like everyone else, we're getting desperate 

Yeah, marrying would mean starting all over from scratch. ETA: probably closer to a year and half or longer at this point. That's probably not the path you want unless they absolutely must work/travel right away.

[SalishSea 17,828]

12 hours ago, Hawaiijames said:

So we are currently at the NVC and waiting for Montreal to open their consulate for the interview for the NVC to send our package to them. So I suppose we're pretty deep in the K1 hole, perhaps too deep to try anything drastic. But, like everyone else, we're getting desperate 

By marrying and filing a CR-1, you’d wait even longer for an interview.  Montreal has big backups long before the closures.

[stephcee 28]

This doesn't answer your question, but do you know that the US-Canadian border is closed for unessential travel? Right now the only non residents they are allowing are immediate family members of a Canadian resident to enter the country. Unfortunately, a fiance isn't an immediate family member. 

My fiance lives in Texas and I was with him from February to mid June. When I flew back home to Toronto I actually saw someone get turned away at the gate because they were not a Canadian Resident. The border is closed until July 21, but they are expected to keep it closed for longer. 

I just wanted to make sure you were aware because I couldn't even imagine how heartbreaking it would be to arrive at the airport, hoping to see your fiance in a few hours and then being sent home.  

[Sparkle Sparkle 914]

18 hours ago, Hawaiijames said:

I am a US citizen. She is a Mexican citizen who resides in Canada. This may have been asked before but I was curious, should we just marry if I do end up being allowed to see her in Canada later this month? We haven't planned or talked about it really. Just curious if it is something we should do if that means she would be able to move to the US more quickly. 

1.No one can dictate to you to marry or not...theres is nothing absolutely wrong with getting married.

 

2. The only downsides to getting married when you have K1 in the pipe is that it invalidates your petition (she becomes ineligible for K1)

 

3. The issue is what is your follow up plan after marriage?

[Hawaiijames 0]

8 hours ago, stephcee said:

This doesn't answer your question, but do you know that the US-Canadian border is closed for unessential travel? Right now the only non residents they are allowing are immediate family members of a Canadian resident to enter the country. Unfortunately, a fiance isn't an immediate family member. 

My fiance lives in Texas and I was with him from February to mid June. When I flew back home to Toronto I actually saw someone get turned away at the gate because they were not a Canadian Resident. The border is closed until July 21, but they are expected to keep it closed for longer. 

I just wanted to make sure you were aware because I couldn't even imagine how heartbreaking it would be to arrive at the airport, hoping to see your fiance in a few hours and then being sent home.  

Yes, I do. I'm attempting to receive permission for travel if the border remains closed. 

[stephcee 28]

1 hour ago, Hawaiijames said:

Yes, I do. I'm attempting to receive permission for travel if the border remains closed. 

Oh okay good! Good luck!