K1 vs CR1 Questions

[Sarah&Facundo 595]

To answer the original question, my husband came on the K1 visa and he was able to study at the community college long before he received his EAD card or Green card. Actually, when he registered, he didn't even have a social security number.

He entered March 2018, we married April 2018, he started school June 2018, and got his green card February 2019. He graduated from community college earlier this year. He was just not allowed to file a FAFSA or receive financial aid/scholarship until he was a green card holder. We paid out of pocket until he became a Green Card holder when he won some scholarship money for his high GPA. 

So from an immigration standpoint, it is fine to attend school. You'll have to look into the specific trade school and see what their requirements are.

[SalishSea 17,842]

1 hour ago, Familiar said:

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. 

The biggest disadvantage to adjusting now is that he wouldn't be able to work or be re-admitted to the US if he leaves, for up to 8 months.  

[ovi666 7]

11 hours 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. 

Marry him & adjust status

[Crazy Cat 41,898]

12 hours ago, Familiar said:

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!

One more thing :

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

K-1        
    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 6-8 months)    
    Spouse can not work until she/he receives EAD (approx 6-8 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.
    A denied K-1 is sent back to USCIS to expire
  

CR-1
    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 November 19, 2021 by Crazy Cat

[carmel34 3,635]

12 hours ago, Coco8 said:

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. 

Montreal consulate is very backed up for interviews, both K-1 and CR-1.  If OP decides to do either of these, via consular processing in Montreal, visit the Canada forum to see how long people are waiting for their interviews right now.  Either path could take 2 years from filing the petition to the visa interview.  This is one of the primary reasons we see so many Canadians, visiting their boyfriend/girlfriend or husband/wife, who are now investigating the pros and cons of staying in the US and adjusting status.  Good luck OP whatever you choose to do!

[Familiar 7]

Thank you everyone for the feedback and revelations. I knew it was going to be a long process to try to do it with him getting approval if he were to reside in Canada to then move down with a visa, as this visit was initially to test the waters regarding physical chemistry and compatibility... We talked it over last night to weigh options - he will have to make sure that friends and family will be supportive of him remaining in the states (as they are storing his belongings) pending his status adjustment - but we're both willing to marry and put in the work now versus going back to long distance for an undetermined amount of time. 

[Rocio0010 5,579]

35 minutes ago, Familiar said:

we're both willing to marry

Congrats! Another piece of advice that I have for you is to go over the list of required documents for AOS. Canada might be easier, but some documents in some countries can be a pain in the neck to get (for example, birth certificates)

[Ryan H 3,812]

On 11/18/2021 at 2:09 PM, Familiar said:

Are we able to leave that information blank on application or write "not known" without penalty? 

 

Don't leave it blank, writing "unknown" will not incur any penalty, this is one of those things you don't have any control over.