Travelling after entering the US on K-1 Visa

[KaitlinL 9]

I’m a Canadian citizen, and my US fiancé and I have started the process for me to get my K-1 Visa so I can move to the states to marry and live with him.

 

I’ve been looking into it and I keep seeing varying responses to this. Can I travelled back to Canada after I’ve entered on my K-1 Visa and I’m waiting on my adjustment of status after getting married?

 

Thanks ☺️

[powerpuff 6,697]

~~ Topic moved from K1 forum to Working & Traveling during US immigration ~~
 

You can but if you do so before you receive either AP or GC, your AOS will be deemed abandoned and you will have to start all over with a spousal visa. 

[Crazy Cat 41,851]

33 minutes ago, KaitlinL said:

I’m a Canadian citizen, and my US fiancé and I have started the process for me to get my K-1 Visa so I can move to the states to marry and live with him.

 

I’ve been looking into it and I keep seeing varying responses to this. Can I travelled back to Canada after I’ve entered on my K-1 Visa and I’m waiting on my adjustment of status after getting married?

 

Thanks ☺️

No, unless you want to abandon the adjustment.  I would re-think the K-1.

 

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 K-1 might be a better choice when 18-21 year old children are immigrating also
    In some situations, marriage can affect certain Home country benefits, making a K-1 a better choice   
    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.
   

 

 

[Daphne . 1,861]

22 hours ago, KaitlinL said:

I’m a Canadian citizen, and my US fiancé and I have started the process for me to get my K-1 Visa so I can move to the states to marry and live with him.

 

I’ve been looking into it and I keep seeing varying responses to this. Can I travelled back to Canada after I’ve entered on my K-1 Visa and I’m waiting on my adjustment of status after getting married?

 

Thanks ☺️

Not while your adjustment of status is pending. You can travel as soon as you have your authorization. If it is important for you to be able to travel and work after entering the US, I think the K1 is not the right option for you.

[KaitlinL 9]

Thank you guys!! We’ve already filed our I-129F so it almost seems silly to change direction and go to the CR-1 now. We understand I won’t be able to work for a while and it’s something we’re okay with and I currently live close to the border now anyways, so it’ll be easy for my family to travel down and see me during the adjustment period. ☺️
 

Fingers crossed USCIS actually follows through with their goal timelines come the end of 2023 and it won’t be such a long wait period for permanent residency once I get down there. 

[carmel34 3,627]

27 minutes ago, KaitlinL said:

Fingers crossed USCIS actually follows through with their goal timelines come the end of 2023 and it won’t be such a long wait period for permanent residency once I get down there.

Check the Canada forum and the time between petition approval and interview for K-1s in Canada (links below) to see how long others have been waiting.  The US consulate in Montreal is very backed up, so even after the petition has been approved, there is typically a very long wait for an interview.  Recent K-1 cases in Canada have taken more than 500 days from filing the petition to interview at the consulate.  Adjustment of status after marriage once in the US is also taking a very long time, a year or more, to get the green card and LPR status.  EAD (for work authorization), if you file for it with the adjustment of status package is taking only a few months, but AP (advance parole for leaving and returning to the US) is taking much longer, around 8 months.  Be realistic in your expectations and you will be fine as long as you know up front that the wait times for everything are very long.  Good luck!

 

https://www.visajourney.com/portals/index.php?country=Canada

 

https://docs.google.com/spreadsheets/d/1yXsBaODEcERCnBkkVhTklmw1LrFVkY9dE6z2Q5D2kCc/edit?fbclid=IwAR2y6wgSsyW0DjDRDar0yqH8FCHNhfWPeSX7HyJCSuCRGjkAfvquzrZSrKo#gid=1154446973