Newbie with a certain scenario

[timk727]

Hi,

I had a few questions and would like to know if you could help. I am a US citizen and am currently visiting my fiancé here in Ontario. We would like apply for fiancé visa. Once the visa is issued and we apply for her authorization to work once in the US, will she be able to leave to go back to Canada and wait for the work permit to come back and then apply for AOS? Will the authorization to work still be in effect and will she be able to work although we will be applying for the AOS. Will she be able to work on this authorization while waiting for the AOS to be processed and completed? Also, will she be able to visit home in Canada while the AOS is being processed and will the authorization to work be affected if she wanted to visit Canada to see her family? Thank you for any input.

Just trying to figure the best way because she needs to work while waiting for AOS to be processed.

Any info and other options please reply.

Thanks Again,

Tim

[nichole]

It goes like this--

K1 visa is ONE-TIME entry for 90 days. Once used to enter the US, it becomes void.
If you marry within 90 days, you can stay while you await an AOS decision. If you leave to go back to work in CA, then you can't get back in the US on the K1 visa. Because you are no longer a fiance, you start from scratch for a spouse CR1 visa.

If you remain in the US like you're supposed to, you file for AOS/EAD/AP all for the price of just the AOS-$1070. ( EAD work authorization and AP travel document are free if filed with AOS) So the work and travel docs are usually approved in 60-90 days. They can be faster than the AOS greencard. The EAD card allows you to work. The travel thing (Advance Parole) allows you back in the US if you need to go to Canada. A K1 is stuck in the US until they get AP or a greencard.

For your situation you might consider marrying first (either country) then Canadian spouse remains in Canada while the CR1 visa processes. It doesn't really take that much longer, if any. It's cheaper than fiance visa process because there is no AOS $1070 to pay. The Canadian spouse is a permanent resident the day she enters the US on her CR1 visa, She is allowed to work and travel back to Canada freely from Day 1. You can marry while you're still in Ontario in a quickie civil ceremony and not even tell everybody. As long as you have a marriage certificate, you can start the I-130 spouse petition. Then plan the big fancy wedding celebration for the whole gang for a later date. It will be for show, so make sure the officiant is okay with doing the ceremony knowing you are already legally married. Some Catholic priests balk at that. Some people do a cermony that looks like the traditional wedding, but call it a "blessing" or "reaffirmation" of vows. Some just call it a "wedding" on the invites.

[timk727]

Thanks! How long does it take for CR-1 visa and how much does it cost? Also, will she be able to come to US to visit with her Canadian passport while the CR-1 is being processed?

Thanks@!!

[nichole]

Thanks! How long does it take for CR-1 visa and how much does it cost? Also, will she be able to come to US to visit with her Canadian passport while the CR-1 is being processed?

Thanks@!!

She can always visit just like she does now, even with a petition filed. That information isn't even in their system. It's up to the guy at the border each time whether he lets her in or not, just like with any other tourist entry.

I compiled the costs for British fiances/spouses so will just paste that in to give you an idea. You will have to look up costs on the Canadian side.

CR1 route = $912 + £259.50

$420 (USCIS) I-130
$88 (NVC) Affidavit of Support fee
$404 (NVC) Immigrant Visa fee
£35 ACPO Police certificate
£210 (Knightsbridge Doctors) medical exam
£14.50 (DX Secure) Courier fee

K1 route = $1760 + £259.50

$340 (USCIS) I-129F
$350 (Embassy) Visa fee
£35 ACPO Police certificate
£210 (Knightsbridge Doctors) medical exam
£14.50 (DX Secure) Courier fee
$1070 (USCIS) Adjustment of Status/Work Authorization/Advance Parole

How long?? Depends on
--which service center gets the petition. Right now CSC is takin 3+ months, Vermont 1+month in some cases.
--If you make mistakes and they request more information
--how quickly you prepare for steps past when the petition is approved
NVC is taking 3+ months- some are faster if they prepare and get their stuff ahead of when needed. Others don't have their documents like police certificate, birth certificate, Affidavit of Support and hold themselves up.
How busy your consulate is for handing out interviews.

And those times can change by the time you apply depending on workload at the various stages. Worldwide I think 8 months is average start to finish but it varies so much based on location and how smart the people are who are going through the process. If you can read and follow instructions and prepare for the next part while waiting on what you've already submitted to go through, then you can be faster.

Worldwide a K1 visa is averaging 7 months, but also has all those time variables. And they still have to get married, then wait maybe 4 more months on a greencard. In our case the GC took 5.5 months. It was slower then.

Kinda impossible to predict a visa timeline, but once you get either one, you have 6 months to use it if you're not ready to move yet. Note: Your "wife" should not return to CA to work after getting a GC. There's such a thing as "abandoning the greencard" where they take it away if you leave the US for a long period of time. Lots of rules and exceptions but look into it if going back to CA after the greencard crosses your mind so she doesn't lose her permanent residence status.

[timk727]

Thanks again!! What does my future wife need after we get married? *A police certificate? *Where can we get the forms for that and where do we send them? *Medical/physical? *Where can we get the forms and list of doctors for that and do we send them in?

Thanks!!!

[nichole]

Marry and get a marriage certificate--follow rules for CAN or US county. Varies by state in the US. Can be Vegas, your town, her town...as long as it's a legal marriage and recorded into record and a marriage certificate is issued. Take some photos of the occasion. good for evidence.

USCIS has forms on their website.
Get I-130 petition and separate instructions. It will tell you what to include as evidence. You start by submitting that to USCIS. Address is in the instructions.

When approved, case goes to National Visa Center. They contact you with instructions.You submit fees/form. She submits forms and personal documents. I don't know CAN, so don't know where the police certificate comes from. I did K1 so can't walk you through NVC details. K1s don't do any processing there.

Case goes to US Embassy- Montreal. She gets required vaccinations. She has a medical exam at a designated panel physician. She has interview at embassy. Each embassy has their own way to accomplish this part so a Canadian could help you more. She gets a visa. CR1 is for married for less than 2 years. IR1 for married longer than 2 years. The process is the same.

She enters US on visa. Greencard and Social Security card are mailed to her in 2-3 weeks.
CR1 gets a 2-year GC. IR1 gets a 10 year GC. You renew it before expiration and it will be a 10 year card after the first one. 3 years after date on her GC, she is eligible to apply for US citizenship if she remains married to you. If not married to you still, then citizenship eligible after 5 years. Or she can just renew the GC every 10 years forever.

That's the basics so start with the I-130 and research from there.

[timk727]

Wow. very informative. Thank you very very much!!

[nichole]

Forgot to say she gets an I-551 stamp in her passport when she enters the US. It's as good as a greencard to prove she is a permanent resident until the actual card arrives in the mail. Did you get the message I sent? Google US Embassy Montreal and their website will likely have fees, list of doctors, how to get police certificate. Immigrant visa is what you're looking for or married to US citizen or family based visas---I haven't looked at their website but those are some of the buzz words to help you find what you need to know.

[timk727]

I did get your message just now and replied. Thank you very much for being so helpful!