Work Visa, K-1, K-3? What's the better option?

NewYorkStateOfMind
New Member



Joined: 04 Jul 2008
Posts: 2

Posted: Fri Jul 04, 2008 6:52 pm

 

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So I've been living in New York as an au pair for the last 2 years and now I'm getting ready to head back to Canada since my time here is just about over.
I now have a boyfriend here in NY and am trying to figure out the best way to return to the US in about a year's time.
We're in a committed relationship with plans to marry someday, but are not formally engaged.
By May of 2009, I will have a BA from my Canadian university but I hear it's so very hard to get any kind of work visa. I think that it might be easier to figure out the logistics to go the K-1 or K-3 route, however I'm not sure we could meet the financial requirements.

Any thoughts/opinions on which way would be better/easier?

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Reba
Moderator


Canuck in NC

Joined: 16 Jul 2004
Posts: 1129
Location: North Carolina

Posted: Sat Jul 05, 2008 5:14 am

 

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Well if the plan is for you to stay in the US permanently, getting a family based visa is your better option. Most work visas are temporary, and as you mentioned, not always easy to get.

for information on marriage based immigration to the US check out http://www.visajourney.com

Your options are K1 - Fiancee visa. Currently taking about 9 months to a year to process I think. Your partner would petition to sponsor you. If its just the 2 of you in your family (ie: you don't have any children) the current annual income requirement is about $17,500 that he'd need to be making. He could always get a co-sponsor, any US citizen with enough income is eligible.

After you get to the US on the K1, you must get married within 90 days, and then file adjustment of status applications. Fees are currently $1010. And you can't work until you have your EAD, which typically takes about 90 days after send in the AOS applications.

Another option is CR1 immigrant visa. You'd have to be married first, and currently they're taking about 1 year to process. But, once you enter the US with your visa, you have work authorization and you don't have to adjust status. (K3 is also a marriage based visa but they're taking about the same amount of time to process as the CR1 and you have the extra costs of adjustment of status after you get to the US, so don't even bother with K3, unless something changes drastically in the next year or so.)
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NewYorkStateOfMind
New Member



Joined: 04 Jul 2008
Posts: 2

Posted: Sat Jul 05, 2008 7:52 pm

 

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Thanks for the quick reply!

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