So I entered on a K1 Visa, not knowing that I will not be able to leave the country or work until AOS. Would it be an issue if we got married on the K1 but not file for AOS and I go back to Canada. Would I still be able to travel to the US on as a visitor(tourist)? Can we file for a spousal visa and still travel between countries until it's approved? Reason for this is that I would still want to work and travel back and forth until it's fully approved that I can make the proper plans to move to the US.
Entered on K1 Visa
- Thread starter huyc
- Start date
Well, you could apply for EAD and/or Advance Parole along with AOS. The EAD/AP do cost a few hundred dollars extra each, and do take several months to get. Once you get your EAD, you can work, and once you get Advance Parole, you can leave the US and return.
No, except for the fact that you wasted the money for the I-129F and K1 visa process.
There's no rule that you can't. But there would be an increased risk you may be denied entry for failure to overcome the presumption of immigrant intent.
Yes, you can be petitioned as a spouse with a new I-130, and pursue Consular Processing from Canada. Again, there would be an increased risk you may be denied entry as a visitor for failure to overcome the presumption of immigrant intent.
EAD/AP would not work because it seems like it takes several months. So best thing to do is withdraw the visa and not get married... Head back to Canada..get married in Canada and file for spousal visa? On filling for spousal visa, would I still be able to go to US for visits or would have to wait until the visa is approved?
As far as getting petitioned again and doing Consular Processing for an immigrant visa, it makes no difference if you get married in the US or in Canada.
Like I said above, there is no rule that someone who has a pending or approved petition, or pending immigrant visa application, can't enter the US as a visitor. Like I said above, there is increased risk you may be denied entry.
Like I said above, there is no rule that someone who has a pending or approved petition, or pending immigrant visa application, can't enter the US as a visitor. Like I said above, there is increased risk you may be denied entry.
Right now I have an approved K1 Visa and we are scheduled to get married this month. Can I still get married in the US on the K1 and go back to Canada afterwards? If I return to Canada does this forfeit the immigration process via K1 and could I go down the path of a spousal visa later (1-2 years)?
Sm1smom
Super Moderator
Yes you can still proceed with getting married without filing for AOS based on the K1 visa. Once you exist the US after getting married, the AOS option via K1 is no longer available. Your spousal will subsequently need to start the process afresh via spousal visa with you processing CP in Canada.
SusieQQQ
Well-Known Member
Only you can decide if your situation means waiting a few months for AP/EAD is more negative than potentially not being allowed into the US while waiting for the CR1 visa (which will be well over a year if not closer to 2 years to get between uscis processing times - average 16 months to process i130 at present - and waiting for an interview slot in Montreal). It is up to the discretion of the CBP officer at the border whether or not to allow you in.
Had I known that I would not be able to leave and potentially be stuck in the US for 8 or more months, we would have gone a different route.
I still have my house, car and job (I work remotely) back in Canada that I still need to sort out. We thought the K1 was to allow us to get Married in the US and still be able to work and travel and move permanently only after all the other paper work was finalized. It was a lack of research on our part. If AP only took 1 or 2 months I would be ok with but it's the unknown and seems like the average is 8 months or longer to get approved.
I still have my house, car and job (I work remotely) back in Canada that I still need to sort out. We thought the K1 was to allow us to get Married in the US and still be able to work and travel and move permanently only after all the other paper work was finalized. It was a lack of research on our part. If AP only took 1 or 2 months I would be ok with but it's the unknown and seems like the average is 8 months or longer to get approved.
SusieQQQ
Well-Known Member
latest average processing times for uscis show around 7 months for AP and 2 months for EAD, but yes it’s a pity you hadn’t done all the research about adjustment of status first as it can definitely be constricting for the first few months. You don’t need a k1 to get married in the US, just ID and a marriage license. There’s another forum that does a side by side pros and cons of k1 vs cr1 and for sure for most people CR1 is preferable. It’s really unfortunate that you’ve sunk resources and time into this and now need to start over.