K1 AOS from outside US?

[Sparkey 17]

Me and my fiance are going through the K1 process (almost done). If i entered the US on a K1 and got married, would I be able to return home and file for AOS from outside the US? 

Ideally I would want to come back to Canada until I am able to work in the US.

Edited February 8, 2021 by Sparkey

[aaron2020 11,651]

3 minutes ago, Sparkey said:

Me and my fiance are going through the K1 process (almost done). If i entered the US on a K1 and got married, would I be able to return home and file for AOS from outside the US? 

Ideally I would want to come back to Canada until I am able to work in the US.

No, you can not AOS from outside the US.  This is one of the big drawbacks of the K-1. 

When you file for AOS, you can file for AP.  It will take 6-8 months for you to receive it.  With AP in hand, you can leave the US and return to continue your AOS.  If you leave the US without AP in hand, then you will automatically abandon your AOS.

 

If being able to work immediately upon entering the US, then it's best to do the CR-1 spousal visa.  

Edited February 8, 2021 by aaron2020

[Sparkey 17]

1 minute ago, aaron2020 said:

No, you can not AOS from outside the US.  This is one of the big drawbacks of the K-1. 

When you file for AOS, you can file for AP.  It will take 6-8 months for you to receive it.  With AP in hand, you can leave the US and return to continue your AOS.  If you leave the US without AP in hand, then you will automatically abandon your AOS.

 

If being able to work immediately upon entering the US, then it's best to do the CR-1 spousal visa.  

Thank you. That's exactly what we thought. It definitely sucks that you can't work or leave the US while everything is pending. 

We thought about switching to the CR but now the backlog is so big...

Our K1 proces is almost complete (just waiting for Packet 4 and interview date).

Big decisions whether or not to abandon the K1 at this stage. But not being able to work for like 8 months is a huge downside. 

[mushroomspore 3,044]

12 minutes ago, Sparkey said:

Thank you. That's exactly what we thought. It definitely sucks that you can't work or leave the US while everything is pending. 

We thought about switching to the CR but now the backlog is so big...

Our K1 proces is almost complete (just waiting for Packet 4 and interview date).

Big decisions whether or not to abandon the K1 at this stage. But not being able to work for like 8 months is a huge downside. 

That's the biggest disadvantage of the entire AOS process. It wasn't a problem several years ago when the EAD only took a few months to approve and send out. Now, you're lucky if you get it within 6-8 months. Sadly, it is what it is. Just prepare as best you can before you enter the US with the K1.

[Crazy Cat 41,898]

52 minutes ago, Sparkey said:

Thank you. That's exactly what we thought. It definitely sucks that you can't work or leave the US while everything is pending. 

We thought about switching to the CR but now the backlog is so big...

Our K1 proces is almost complete (just waiting for Packet 4 and interview date).

Big decisions whether or not to abandon the K1 at this stage. But not being able to work for like 8 months is a huge downside. 

Another big disadvantage to a K-1. If you leave the US before having approved advance parole, you will abandon your adjustment.  We try, here, to provide people with the information they need to make an informed choice when deciding between a K-1 and a CR-1.  I find it difficult to believe that so many US/Canada couples choose the K-1 since visiting is quite easy compared to some parts of the world.  If working is a priority, then K-1 is rarely the better choice.  Unfortunately, EAD processing time won't get any faster any time soon.

Edited February 8, 2021 by Lucky Cat

[Sparkey 17]

16 minutes ago, Lucky Cat said:

  If you leave the US before having approved advance parole, you will abandon your adjustment.  We try, here, to provide people with the information they need to make an informed choice when deciding between a K-1 and a CR-1.  I find it difficult to believe that so many US/Canada couples choose the K-1 since visiting is quite easy compared to some parts of the world.  If working is a priority, then K-1 is rarely the better choice.  Unfortunately, EAD processing time won't get any faster any time soon.

We applied in Oct 2019. Circumstances were a lot different for us before Covid and K1 was a good option for us at the time. 

The issue with switching now is that the CR1 processing times seem to be way over 2 years. 

Also, given the new ridiculous travel rules, I don't want to cross into the US to get married and then get stuck in a $2000 hotel for 3 days when I return. 

[Boiler 45,553]

To be fair none of us know how long a CR1 will be, I have a feeling the days of the Cr1 are gone and all visas issue in the foreseeable future will be IR1.

 

But it is an assumption.

 

You also do not know how long your K1 will take.

 

Nobody here can tell you what is best for you, just what the current situation appears to be.

 

One of Biden's campaign promises was to introduce some sort of visa that would allow you to come and wait, presumably with work authorisation, now if that happens, what it looks like, well who knows.

[Sparkey 17]

4 minutes ago, Boiler said:

To be fair none of us know how long a CR1 will be, I have a feeling the days of the Cr1 are gone and all visas issue in the foreseeable future will be IR1.

 

But it is an assumption.

 

You also do not know how long your K1 will take.

 

Nobody here can tell you what is best for you, just what the current situation appears to be.

 

One of Biden's campaign promises was to introduce some sort of visa that would allow you to come and wait, presumably with work authorisation, now if that happens, what it looks like, well who knows.

My K1 will be complete shortly. I'm just waiting for Packet 4.  We are at the end of the process. 

[Boiler 45,553]

Hopefully it will be, but most K1's are on hold.

[Sparkey 17]

Just now, Boiler said:

Hopefully it will be, but most K1's are on hold.

Montreal just sent out there K1 interview dates for March. I already received my confirmation that my documents have been received and K1 processing is resuming (our lockdown ended today). I'm ok with waiting a bit longer while we decide whether to continue the K1 or make the switch. 

[Crazy Cat 41,898]

1 minute ago, Sparkey said:

Montreal just sent out there K1 interview dates for March. I already received my confirmation that my documents have been received and K1 processing is resuming (our lockdown ended today). I'm ok with waiting a bit longer while we decide whether to continue the K1 or make the switch. 

How many canceled K-1 interviews will Montreal have to reschedule before you can schedule your interview?

[Boiler 45,553]

Excellent

[Sparkey 17]

Just now, Lucky Cat said:

How many canceled K-1 interviews will Montreal have to reschedule before you can schedule your interview?

The people who submitted their Packet 3 and DS160 in early December are now scheduled for interviews in March. 

[HRQX 4,145]

29 minutes ago, Sparkey said:

Also, given the new ridiculous travel rules, I don't want to cross into the US to get married and then get stuck in a $2000 hotel for 3 days when I return. 

I'm confused since your first post said: "Ideally I would want to come back to Canada" Wouldn't you also encounter the $2000 hotel in that situation?

1 hour ago, Sparkey said:

would I be able to return home and file for AOS from outside the US?

You cannot AOS from abroad. You could marry in the US (either with the K-1 or as a Canadian B-2 visitor), leave, and then start IR-1/CR-1 path.

[Sparkey 17]

Just now, HRQX said:

I'm confused since your first post said: "Ideally I would want to come back to Canada" Wouldn't you also encounter the $2000 hotel in that situation?

You cannot AOS from abroad. You could marry in the US (either with the K-1 or as a Canadian B-2 visitor), leave, and then start IR-1/CR-1 path.

Thank you 😊 start over with a CR1 would be kinda annoying since we're so close to the end of getting our K1