What Visa do I need? K1 or IR1 CR1. From Canada to USA

[mark_adders 0]

On 8/28/2023 at 6:34 AM, Mike E said:

If this lawyer was skewed toward the higher revenue generating option, then that lawyer would advise K-1. Literally a license to print money. Sadly, the people who can least afford K-1 tend to be the ones who pursue it. Then they arrive in the U.S. to face crippling:

 

* higher U.S. cost of living

* health insurance

* I-485 package 

* I-751

* no way to work for a year

 

As well as  total dependence on the good graces of the petitioner. In the wrong hands, K-1 and K-2 are a licenses for trafficking humans. Your prospective lawyer might also be thinking about this.

 

Based on our experience with the company Boundless, they do indeed treat this like process aggressive car sales. 

They cold called my partner and tried to scare and intimidate her into signing up with them onto K1 visa. Very pushy and insulting. ie. 'you will make a mistake and go back years without our lawyer'

[mark_adders 0]

On 8/28/2023 at 11:58 AM, MissLadyRea said:

The thing that I think you're missing, is there are multiple steps to the K-1 process. First you file your I-129f petition, you wait for your case to be adjudicated either with an RFE, approval, or in rare cases a denial. Once approved, your case is sent to the national visa center which is essentially just a mailing center for K-1 (but they do a lot more for I-130 CR1/IR1) which sends it off to the consulate. Montreal then sends you P3, which is a pre-interview checklist to ensure you have everything you need. Once you reply to them with the information requested in the P3, they send you P4. That can be same day, or it can be a few weeks. P4 allows you to book the interview. My wait was about 5 months for the interview, and it would've been 4 but I had an issue with the consulate. They ghosted me, despite having only sent 2 emails. Weird. But we resent it on my Husbands end and got our P4.

As you can view from my timeline
My I-129f was approved in 367 days from my NOA1 date.
My interview took 521 days from my I-129F NOA1 date.

There wasn't a huge extra wait for my interview, and I still am a regular chatter with a bunch of other Montreal peeps whos timelines are very similar to mine, and more recent. 

I-130 is similar, but has a different NVC > Interview process which is longer than K-1's NVC > interview. For the I-130, they actually ask stuff for you at NVC and whatnot

I couldnt do I-130 because of covid, I couldn't leave Canada because there was a mandatory hotel quarantine that was costing people around $2000 at minimum in my area. I can't afford that, we had enough money for all visa expenses and the while of time I cannot work, but what we didn't have is "just because" money. We had no idea when Canada was going to lift those restrictions, so we filed K-1. The restrictions didn't lift until months later, so I am still confident in that choice but I do wish I-130 had been possible.

K-1 has sucked. If I leave out the part where they processed me as a b2 on entry, then it's still been a heap of trouble. 
Trying to get on my husbands bank as a joint sponsor, they kept trying to input me as a citizen. I kept telling them the importance of them NOT doing that, I'm not a citizen and I don't want false claims that I am literally being on my bank account, that sounds really dangerous. But time and time again they kept calling to check if citizenship was the right box, and said that they didn't have any other options because I don't have an ITIN. Eventually, they called some supervisor and was able to resolve that. When my husband and I were quoted health insurance, we searched all around. The cheapest we could find was like $250, with a 9k deductible and doctor visits not covered. I'm pretty young, so unless something absolutely devastating happens I am not frequenting hospital visits, nothing I do would even reach that 9k. We don't have that kind of money for a possibility. The only viable option, or the one I thought would be fine, was $500 and it had doctor visits, prescriptions, and I forget how much the deductible was but it was significantly less. 

The issue is, we don't have an extra $500/month to put towards health insurance! On a k-1 you can't work for awhile, so that's Rent/mortgage, health insurance, car insurance, food, and care products all on one persons pay. Many can afford that, some can't. It hasn't been an issue in my marriage, even now i'm not working to further my career despite being able to, but it is an additional stress for something that could feel very preventable if you were simply able to work! Not all jobs in america provides good health insurance either, my husbands work covers something so little that im surprised they can even call it health insurance. $150/year towards wellness checks, like.. $100 per overnight hospital visits...

Another big issue, is no travel permission. I have seen many cases of people who entered on a k-1, realize one of their close family members is dying. Even with an expedited I-131, they didn't get it in time to say goodbye. That's a real possibility, you never know what could happen and how fast USCIS will deal with it. There's something really hard about being the beneficiary, unable to travel knowing each day something could happen to your childhood dog, or your parent, or sibling, or friend, and not be certain that you'd be able to be there!

I feel so happy each day that I got my GC before anything bad happened, but not everyone is as lucky as I to be able to say that.

Hope this helps, K-1 is a nightmare and I hope that whatever path you choose, that it turns out great.

 

Thank you for sharing your story, very insightful and helpful for us to discuss and compare. Im sorry if you have any regrets but Im glad you now have your GC and are settled.

Must be very frustrating with the banks and health insurance - I had a similar issue when I immigrated to Canada and was in between visas on my impending status visa - they manage to take away your bureaucratic rights and severely impede your life.

[mark_adders 0]

On 8/28/2023 at 12:14 PM, MissLadyRea said:

Take all dates with a grain of salt.
When I applied for I-129f, the wait for petition approval was 6-9 months, when I was approved it was 12 months. I had no idea when I was going to be approved, each day I was looking at what cases they were processing trying to figure out even a rough idea, and there just was no possible way to estimate it. I didn't know things could change so fast, you never know with USCIS. 

I have a friend who applied for I-129f months ago when the speeds weren't exactly getting better, and their wait was an estimated 14-16 months. Now it's looking like it 12 or under, and they're not quite feeling ready for that speed. USCIS will throw countless curveballs at you, that will have you so confused. Hope for the best, expect the worst, and expect your expectations of the worst to be blown out of the water because somehow, they have the ability to always disappoint you.

USCIS timelines are simply a display of "How long have the current approvals been waiting?" not, "How will approvals look 12+ months down the line". In reality, you wont have a good idea on when you can/will move until you have the visa in your hand. There are even occasionally issues at the interview that lengthens your wait, Montreal for example gives out a lot of DS-3025 that ends up taking people like 6+ months to get through. Still uncommon, but point is; you don't know what will delay you. Don't rely on a timeline.

 

Fair comment - everyones thoughts point toward that but doesn't make it easier to accept that there are no real timelines and its a lottery. Its unsettling but in it for the long haul now. Better get moving.

[Redro 4,611]

22 minutes ago, mark_adders said:

 I found a link on this website the other night that had processing times for the consulates in each country. I wish I could find it again .

I take it the numbers you quoted are anecdotal? And what exactly is DQ? I will try to follow those posts thanks for the links!!

And good insight to have on the location, I had no idea how that works. Moving it around seems like it will be problematic.

VisaJourney members. 
If you follow the links I posted you can see the timelines of people just like you going through UK and Canada. 
In the same post, I also posted two links discussing DQ to interview for London and Montreal. US immigration is in constant flux. Every single case you read about it unique. What happens to a couple with the exact same stats as you probably wont be replicated when you go through immigration. But what you can do is prepare yourself by chatting to the community and knowing you are not alone. 
Good luck! 
ETA DQ is when all your documents are accepted at the NVC stage and you are waiting for interview. 
Documentarily Qualified. 

Edited August 30, 2023 by Redro

[mark_adders 0]

On 8/28/2023 at 6:50 PM, Redro said:

Re-reading your OP. It appears being able to work as soon as you arrive to the US is important to you.

For that reason, CR1/IR1 is realistically your only option. 

If you are worried about being apart for the 1.5-2 years it takes the visa to process. Don't worry. You can still visit each other as you have done during your courtship. If you are worried about something like COVID happening again.

Well, we cannot predict the future. Something might happen in your lives where you realize you actually do want to live together in Canada or the UK.

I would keep options open. But, as you know you love each other it seems the first step is to marry as that will make your eventual decisions easier to plan around. 

Being someone's spouse carries more weight than being someone's fiance. 

 

 

It is important to me to be able to work as soon as I get to the US but not essential. (I know now there are many other benefits to arriving with a Green Card and all my liberties intact). Frankly it might be nice to get some guilt free time off during the process. If i knew I could get to the US in 9-12 months on a K1 and have 3-4 months off before I can work then I would not care for a slighter larger fee and a few more forms and paperwork. I know now in reality it would be more stress, moving goal posts and constant work. And based on most comments here, my original basic understanding of the K1, this is absolutely not the case and that you are strongly recommend the CR1 with all things considered. I respect that! I appreciate the insights of all.

CR 1 is just a big step, quickly, on a personal level. Hence the desire to explore options, and the K1 as a alternative 'naturally paced' option.

[Mike E 11,739]

K-1 will not get you to U.S. faster than CR-1

[leviiathan 206]

1 hour ago, mark_adders said:

 

It is important to me to be able to work as soon as I get to the US but not essential. (I know now there are many other benefits to arriving with a Green Card and all my liberties intact). Frankly it might be nice to get some guilt free time off during the process. If i knew I could get to the US in 9-12 months on a K1 and have 3-4 months off before I can work then I would not care for a slighter larger fee and a few more forms and paperwork. I know now in reality it would be more stress, moving goal posts and constant work. And based on most comments here, my original basic understanding of the K1, this is absolutely not the case and that you are strongly recommend the CR1 with all things considered. I respect that! I appreciate the insights of all.

CR 1 is just a big step, quickly, on a personal level. Hence the desire to explore options, and the K1 as a alternative 'naturally paced' option.

I also do want to mention, that 3-4 months is a very generous estimate you're giving. First 90 days, you'll likely still be settling. You may PLAN to file adjustment of status and marry right away, but natural delays may set you back. I intended to file for AOS within the first month, the second at LATEST. Ended up not marrying until the second month, and filing for AOS on the third. I got really lucky with my work authorization wait times, but for many people it can be many months, or over a year. It means that you have to plan for what could be sure 3 months off work, or what could be over a year because that's the unfortunate reality with the wait times of work authorization on a K-1.

Never plan to get lucky, I actually frequently suggest to plan for the absolute worst timelines or luck because you never know if it could be you. And when better luck happens, you'd be overjoyed

But if you dont plan for the worst of the timelines when you are making your selection, you might end up putting yourself in a bad spot.

meaning it could potentially be over a year, unable to work, drive (this depends on the state), or leave the country on K-1, so gotta be prepared for that if you do end up choosing K-1
 

[Crazy Cat 41,814]

9 hours ago, mark_adders said:

If i knew I could get to the US in 9-12 months on a K1 and have 3-4 months off before I can work then I would not care for a slighter larger fee and a few more forms and paperwork.

That just isn't realistic.  Everyone thinks THEIR case will proceed faster.  At some point, reality strikes.  As my High School history teacher always said (paraphrased):

"To the wise, a word is sufficient"  

 I wish you well in your journey. 

Edited August 30, 2023 by Crazy Cat

[Redro 4,611]

7 hours ago, mark_adders said:

 

It is important to me to be able to work as soon as I get to the US but not essential. (I know now there are many other benefits to arriving with a Green Card and all my liberties intact). Frankly it might be nice to get some guilt free time off during the process. If i knew I could get to the US in 9-12 months on a K1 and have 3-4 months off before I can work then I would not care for a slighter larger fee and a few more forms and paperwork. I know now in reality it would be more stress, moving goal posts and constant work. And based on most comments here, my original basic understanding of the K1, this is absolutely not the case and that you are strongly recommend the CR1 with all things considered. I respect that! I appreciate the insights of all.

CR 1 is just a big step, quickly, on a personal level. Hence the desire to explore options, and the K1 as a alternative 'naturally paced' option.

1. K1 is not the "I'm not sure I want to get married yet" visa. 

It is the "We promise to get married within 90 days of @mark_adders arriving to the US on his K1"

If K1 suddenly sped up and it only took 2 months to get the visa would that still be "naturally paced"?

 

We have outlined the cons and benefits of each visa. And many have told you timelines are not standard but vary greatly.

I wish you all the best in your relationship. 

 

 

[mam521 2,058]

2 hours ago, Redro said:

1. K1 is not the "I'm not sure I want to get married yet" visa. 

It is the "We promise to get married within 90 days of @mark_adders arriving to the US on his K1"

If K1 suddenly sped up and it only took 2 months to get the visa would that still be "naturally paced"?

This.  100% this.  

 

I think a lot of people watch TV and see 90 Day Fiancé and other shows like it. They give the process a bad name.

 

@mark_adders, if you want to marry someone, you should KNOW with 100% certainty that's what you want to do.  The shortened timelines of years past for a K1 were intended for people who 100% knew, hence why it was a truncated timeline.  

 

If you've moved to Canada and gone through the experience of "in between" visas, then you understand how challenging that was for you personally.  Now, repeat that, but add dependence on your partner for everything.  Being 100% dependent on your partner when you are supposed to be forming the foundations of your marriage and foraging a path on how to live and communicate under a single household is lop sided and rather hostile, IMHO, especially when you had the opportunity to enter the US on a more even playing field.  Marriage is a team sport that should last a lifetime, so when you have the opportunity to participate on a more level playing field, it's advantageous to take advantage of those easy wins.  You want to do everything you can to set yourselves up for success, not leave anything open to failure.  

[powerpuff 6,685]

55 minutes ago, mam521 said:

Now, repeat that, but add dependence on your partner for everything.  Being 100% dependent on your partner when you are supposed to be forming the foundations of your marriage and foraging a path on how to live and communicate under a single household is lop sided and rather hostile

Very relatable. My saving grace was that NY allows you to get a driver license regardless of your immigration status so I had a bit of freedom if I had to, let’s say, get groceries without waiting for husband to get back from work to drive me. There’s no reliable public transportation like in big cities where we live. However, it still took 3 months to get everything sorted (buying a car, getting a learner permit then the DL) and in those 3 months I was 100% dependent on my husband and his schedule. I literally couldn’t leave my house to buy a loaf of bread without my husband. It sucked. Some days he was very tired after work and he didn’t want to do much while I was dying to get out of the house.

[DaveAndAnastasia 2,092]

49 minutes ago, powerpuff said:

Very relatable. My saving grace was that NY allows you to get a driver license regardless of your immigration status so I had a bit of freedom if I had to, let’s say, get groceries without waiting for husband to get back from work to drive me. There’s no reliable public transportation like in big cities where we live. However, it still took 3 months to get everything sorted (buying a car, getting a learner permit then the DL) and in those 3 months I was 100% dependent on my husband and his schedule. I literally couldn’t leave my house to buy a loaf of bread without my husband. It sucked. Some days he was very tired after work and he didn’t want to do much while I was dying to get out of the house.

It probably helped with the pre-EAD/green card limbo period for us that

1) We were only about a mile from a plaza with a grocery store; my American-suburb-raised background said that's a long walk, but Anastasia (used to walking or taking transit everywhere in Russia) thought that was fine

2) The first couple months we had a ceremony-like thing to plan

3) not long after that we found out she was pregnant (not surprisingly)

4) she actually got her green card pretty quickly

 

... but she didn't actually get her driver's license until this year.

 

But the basics are that ... back when K-1s were reliably significantly faster to get to the US, and there were no Utah online marriages to get around difficult home country marriage laws there were lots of cases where K-1s made sense, despite the hardships in the pre-green card period (and indeed, that's why we did one when we did). But that's basically not true today, so barring some oddball corner cases (children who would be between 18 and 21 by the end of the process and want to come to the US with their parent, maybe a few others) or just really not wanting to live apart while legally married, there's no reason to do a K-1 anymore.