K1 Visa Timing and Planning

[daniel_s 0]

I am a US citizen by birth. I just got engaged to my Peruvian-citizen girlfriend. She is about to go to school in Canada on a Canadian student visa which allows her to also work in Canada. After graduating she wants to come live with me and work in the US. Here is a timeline:

 

May 2024: She starts school in Canada
August 2024: She has a 2 week break from school and wants to visit me in USA
December 2024: She has a 2 week break from school where she wants to visit me in USA
April 2025: She graduates school in Canada (there is a possibility of extending it to a 2 year Canada program but we would prefer to do the 1 year one and move to US faster)

 

We want to find the best option so that she can live and work in USA as soon as possible after graduating school in Canada in April of 2025. We were think perhaps applying for K1, then getting married during December winter break and doing biometrics so she can apply for Advance Parole + Work Authorization + Change of Status and have that all process while she is finishing her last semester in Canada might be the fastest path but we have received varying answers as to whether this idea is feasible. Does you all think this idea will work? Or are there better options (ex some friends have recommended just marrying directly while she is visiting on a tourist visa which she already has but we haven't seen much information on if this is a good or bad idea...)?

[Ontarkie 14,217]

~~Moved to What Visa Do I Need, from K1 P&P - the OP is exploring options~~

 

From what you wrote above the CR1 (marriage visa) would be better to go with if working soon after arrival is important. 

Even if the K1 was approved by December. No way you can get married, adjust and get AP/EAD during winter break. That is no way enough time.  

Edited January 3 by Ontarkie

[yuna628 9,671]

20 minutes ago, daniel_s said:

I am a US citizen by birth. I just got engaged to my Peruvian-citizen girlfriend. She is about to go to school in Canada on a Canadian student visa which allows her to also work in Canada. After graduating she wants to come live with me and work in the US. Here is a timeline:

 

May 2024: She starts school in Canada
August 2024: She has a 2 week break from school and wants to visit me in USA
December 2024: She has a 2 week break from school where she wants to visit me in USA
April 2025: She graduates school in Canada (there is a possibility of extending it to a 2 year Canada program but we would prefer to do the 1 year one and move to US faster)

 

We want to find the best option so that she can live and work in USA as soon as possible after graduating school in Canada in April of 2025. We were think perhaps applying for K1, then getting married during December winter break and doing biometrics so she can apply for Advance Parole + Work Authorization + Change of Status and have that all process while she is finishing her last semester in Canada might be the fastest path but we have received varying answers as to whether this idea is feasible. Does you all think this idea will work? Or are there better options (ex some friends have recommended just marrying directly while she is visiting on a tourist visa which she already has but we haven't seen much information on if this is a good or bad idea...)?

If you bring her here on a K1 and you marry, she cannot return to Canada to as you say "have that all process while she is finishing her last semester". She would have to remain in the US with you. K1s can only work and enter/exit the country when they are authorized to do. The wait on that authorization process is growing ever longer and I expect that to continue.

 

There is nothing wrong with visiting (proof that the person intends to return from wherever they came), marrying in the US, her returning back to Canada, and applying for a spousal visa for her. You do not need a K1 to do that. Marriage is in the domain of the state, so people are allowed to freely travel and marry in the state they choose. However, the person must return home and apply for a spousal visa. K1s are for those couples who cannot otherwise travel to the US to marry (they were previously denied entry, or they want to get married in the US and have no intent on returning home, or they don't want to be apart as a married couple). The question will be timing, and if she is still committed to finishing school in Canada then applying right away may not be prudent. Remember green cards, which she will have at the end of a spousal visa, are for staying in the US, and typically people will want to have their plans in other countries wrapped up. The plus side about spousal visas are instead of having to adjust status as a K1 and be in limbo for a long time to do anything, no adjustment is needed and the person can work immediately. But again, green cards are for living in the US, and she'd want her Canadian commitments finished. You will also need to have met and have established good evidence.

 

Other things to consider will be: do you make enough to fulfill the financial sponsorship requirements whichever path you choose?

[daniel_s 0]

2 hours ago, Ontarkie said:

~~Moved to What Visa Do I Need, from K1 P&P - the OP is exploring options~~

 

From what you wrote above the CR1 (marriage visa) would be better to go with if working soon after arrival is important. 

Even if the K1 was approved by December. No way you can get married, adjust and get AP/EAD during winter break. That is no way enough time.  

 

Thank you for the reply! I'm going to do some more research on CR1 which it sounds like is an option I should seriously further investigate.

 

Re: the AP/EAD approval I understand it wouldn't be completed before she'd have to leave for her last semester in Canada. One person I talked to suggested that biometrics were the only part of that which had a physical US presence requirement. So we could do marriage+biometrics during winter break and apply for AP/EAD and then she could leave to Canada while the AP/EAD were processing. She might not be able to return to visit the US until the AP application was finished but the idea was this would be a way that the we could get the EAD wait time started while she was still finishing up in Canada so we could get the EAD faster than if we waited until she graduated to do the marriage+EAD application.

[appleblossom 2,445]

1 hour ago, daniel_s said:

Re: the AP/EAD approval I understand it wouldn't be completed before she'd have to leave for her last semester in Canada. One person I talked to suggested that biometrics were the only part of that which had a physical US presence requirement. So we could do marriage+biometrics during winter break and apply for AP/EAD and then she could leave to Canada while the AP/EAD were processing. She might not be able to return to visit the US until the AP application was finished but the idea was this would be a way that the we could get the EAD wait time started while she was still finishing up in Canada so we could get the EAD faster than if we waited until she graduated to do the marriage+EAD application.

 

The person you spoke to is wrong - even if you were at that stage by December (unlikely going on current processing times) she can't leave the US until she has AP in hand, otherwise the whole process is abandoned and you have to start again. 

 

That's one of the big advantages of the CR1 visa route over the K1 - she'd be work authorised as soon as she enters the US, and able to come and go as she pleases too. 

Edited January 3 by appleblossom

[Daphne . 1,852]

1 hour ago, daniel_s said:

So we could do marriage+biometrics during winter break and apply for AP/EAD and then she could leave to Canada while the AP/EAD were processing

No, that will not work. She can't leave the US until she has her AP approved. The point of the AP is to be able to travel outside of the US.

[Ontarkie 14,217]

As the others have mentioned that person is completely and totally wrong.

If she leave the US before her AP is in hand they will consider her AOS abandoned. Plus it would not be possible to show up for biometrics without actually getting AOS filed and just to get your receipt for filling it will take longer than her Christmas break.

[SalishSea 17,801]

9 hours ago, daniel_s said:

 

Thank you for the reply! I'm going to do some more research on CR1 which it sounds like is an option I should seriously further investigate.

 

Re: the AP/EAD approval I understand it wouldn't be completed before she'd have to leave for her last semester in Canada. One person I talked to suggested that biometrics were the only part of that which had a physical US presence requirement. So we could do marriage+biometrics during winter break and apply for AP/EAD and then she could leave to Canada while the AP/EAD were processing. She might not be able to return to visit the US until the AP application was finished but the idea was this would be a way that the we could get the EAD wait time started while she was still finishing up in Canada so we could get the EAD faster than if we waited until she graduated to do the marriage+EAD application.

No, you seem to be very confused about the process.  

[Rocio0010 5,579]

16 hours ago, daniel_s said:

So we could do marriage+biometrics during winter break

The person you talked to is awfully wrong and you shouldn't be taking any more immigration advice from them. 

 

This person suggested to do biometrics while she's in the US. Do they think biometrics is just a walk-in you can do any day? Nope. The biometric appointment set up by USCIS once you submit the AOS package. And once you submit the package, she can't leave the US because her process will be deemed abandoned.

 

I STRONGLY suggest you and your fiancee both sign up for an account here, and read about the process. 

[Noname93 200]

17 hours ago, daniel_s said:

One person I talked to suggested that biometrics were the only part of that which had a physical US presence requirement.

I think that person is confusing I-131 reentry permit and I-131 AP. For the reentry permit, a lot of people only stay until biometrics are done. However, that is only for people who already have a greencard who are expecting to be out of the country for a year or longer, so it is not applicable to your situation.