K1 vs CR1 Questions

[Familiar 7]

Hello everyone.

 

Texas petitioner with a Canadian beneficiary. I have been together with my boyfriend for 3 years now and he's agreed to come live in the States so that I can remain close to care for my aging grandmother. We were originally looking in to K1 visa application process versus the CR1 spouse visa and I had some questions before we submit and begin the extensive waiting period. 

 

Adjustment period and U.S. eligibility. I saw there were delays now going on 6+ months in another recent forum post that would prohibit being able to work upon entry with K1 and the visa also causing issues with getting a local drivers license, approval for leases, bank accounts, etc. Would this prevent him from applying to any trade schools to earn his certification for specialty work such as welding or electrical? His background is labor and working in warehouses with no formal license so looking at an employment sponsored visa wasn't an option for us, same for financial restrictions on a student visa for university. Our hope with him coming to the states was having more work opportunities under my sponsorship once granted permanent residency. He's been visiting and staying with me for a few months on his passport alone before we took the next step in our relationship, so I've been supporting the two of us already during this trial period and am confident I can do so again once he moves down here until he can work, but I'd like to know if he can do school in this period of waiting. 

 

Unknown parent information. He grew up without knowing his biological father or having him in his life, and that information is not on his birth certificate. His mother is withholding that information from him still at this time. Are we able to leave that information blank on application or write "not known" without penalty? 

 

I appreciate the help and feedback while we navigate this. I ultimately just want to get him here as quickly as possible so we can get "unstuck" with our lives that that the pandemic has caused. Our intent was to get married once he's moved down here but if there's no major difference in time waiting, or the cost of the application, between the two visas I'd like to see which has the better benefit for us with our long term goals. The main reason the both of us haven't got married before now for consideration of the CR1 visa is the apprehension our family has toward our unconventional relationship having been mostly online, and preferring for him to be a resident here with me before we take on the next steps that come with marriage (joint bank accounts, adding on to insurance, beneficiary of estate, name change, etc). Thanks again!

[Boiler 45,898]

Any reason you do not just adjust in country. Trade schools you would need to ask them their entry requirements.

[Familiar 7]

33 minutes ago, Boiler said:

Any reason you do not just adjust in country.

I don't understand this statement - can you clarify further?

[Crazy Cat 42,032]

1 minute ago, Familiar said:

I don't understand this statement - can you clarify further?

Where is the beneficiary right now?

[Boiler 45,898]

My impression is that he is here in the US and if he has no reason to go home soon then filing to adjust status to a LPR whilst investigating his study opportunities would seem a better fit?

[Familiar 7]

7 minutes ago, Crazy Cat said:

Where is the beneficiary right now?

He's still in the states with me. He came to visit under his passport only and has been here since July 11th, from my understanding he's allowed to stay for up to 180 days with the passport only. 

Edited November 18, 2021 by Familiar

[Boiler 45,898]

3 minutes ago, Familiar said:

He's still in the states with me. He came to visit under his passport only and has been here since July 11th, from my understanding he's allowed to stay for up to 180 days with the passport only. 

So adjusting does not work for you?

[Crazy Cat 42,032]

7 minutes ago, Familiar said:

He's still in the states with me. He came to visit under his passport only and has been here since July 11th, from my understanding he's allowed to stay for up to 180 days with the passport only. 

Legally, he can marry you, then adjust status.  However, he cannot work or leave the US for 6-8 months., else he would abandon the adjustment.  The very same restrictions would apply whether he marries and files for adjustment now after entering via a K-1.  If working immediately is a priority, the a marriage, the a CR-1 seems appropriate. Visiting is allowed during either K-1 or CR-1.

Edited November 18, 2021 by Crazy Cat

[Familiar 7]

I apologize, I guess I'm having trouble understanding the questions. Is the K1 visa not necessary then for Canadian beneficiaries since they can come to the states on visitor status with the passport, and we just file for the adjustment period to grant the permanent residency once married? 

[Boiler 45,898]

K1 is to enter the US, he is here, and nothing to do with being Canadian.

[Crazy Cat 42,032]

2 minutes ago, Familiar said:

I apologize, I guess I'm having trouble understanding the questions. Is the K1 visa not necessary then for Canadian beneficiaries since they can come to the states on visitor status with the passport, and we just file for the adjustment period to grant the permanent residency once married? 

Read this guide.  If he is already inside the US, he can adjust as your spouse.

 

 

1 minute ago, Boiler said:

K1 is to enter the US, he is here, and nothing to do with being Canadian.

Well said.  I wish I had said that...😄

Edited November 18, 2021 by Crazy Cat

[Crazy Cat 42,032]

7 minutes ago, Familiar said:

I apologize, I guess I'm having trouble understanding the questions. Is the K1 visa not necessary then for Canadian beneficiaries since they can come to the states on visitor status with the passport, and we just file for the adjustment period to grant the permanent residency once married? 

To clarify, it is illegal for a person (from any country) to enter the US as a visitor with the intent to stay and adjust status.  If he didn't originally enter the US with the intent to stay, then he can legally marry and adjust status.  Many, many, many here have done so. 

Just be aware of the work and travel restrictions when adjusting status. 

Edited November 18, 2021 by Crazy Cat

[Familiar 7]

This has been our first meet-up since the relationship began 3 years ago. Originally it was going to be a two to three month visit but we've extended it given COVID restrictions at his home in Canada has made it difficult for him to find work anyway, and he's been extremely helpful with work around my grandmother's house in the meantime. It was never our intent for him to remain this long, or even think about indefinitely, as we've agreed to move forward on getting married - but if the adjustment period is something to explore I can talk it further with him. 

[Crazy Cat 42,032]

I have moved this thread to the "Which Visa Do I Need" discussion area.

[Coco8 1,042]

If you are ready to get married now, you can get married and you can apply for his green card. He would have not be able to leave for quite a while, probably 9 months, until he gets a work permit and a permit to leave/get back into the US (it's an EAD card). This is basically temporary until they approve his petition for a green card. This is the fastest option. 

 

If you are not ready to get married now, you can apply for a K1 visa. He will need to leave and it takes over a year to be approved. Everything is slower because of COVID, they are backed up with applications. Another option is to get married (now or during another visit) and then he can leave, and apply for a CR-1 marriage visa, which takes closer to 2 years to be approved. 

 

K1 fiance visa has a lot of disadvantages and even more now because of the pandemic. Read other threads about it.

 

Depending on his job, he could get a TN visa. It's for Canadians who want to work in the US. https://www.uscis.gov/working-in-the-united-states/temporary-workers/tn-nafta-professionals 

 

It does not matter that he doesn't know who his father is.

 

Edited November 19, 2021 by Coco8