K Visa K-3 visa wait time

[lmcguire31]

Hi I am a canadian born citizen engaged to an american born citizen and I must say this forum has been very helpful in answering our questions. I have read every post about canadians marrying americans but still have one question. I have visited America several times in the past two years and I have never been given a I-94 forum, which I gather is the norm, however I am going to need one to apply for change of residency after we are married. How do I go about getting one if they are not given to canadian citizens? Do I ask for one at the customs when I am passing through? If I don't have one I am understanding that I will not be able to stay in america after we are married that it will be much easier if I return to Canada and apply for a k-3 visa? Any idea how long the wait time is for a k-3 visa and when I am issued it will I be able to work legally? Any help with these questions would be greatly appreciated due to the fact i have children that will be coming with me and would like to make the move as easy as possible on all of us. Thank you

 

[NYClex]

Yes, this is a problem. You can solve it in three ways:

-Before you are married, while in Canada obtain a K-1 Visa and then marry within the 90 days

-After you are married, while in Canada obtain a K-3 Visa

-Try to obtain an I-94. This has been proven to be the most complicated way. At the border you are not supposed to declare that you want to marry, and if the border officers are inquiring why you think you need one you might not have a good explanation. If you try to obtain one after you have been admitted it is pretty expensive and may take longer than any of the other steps.

K-1 and K-3 take a couple opf weeks to be issued, depending on where you apply for them. You cannot work with such a visa, but you can apply for an adjustment of status and a work authorization as soon as you are married and legally admitted to the US.

 

[lmcguire31]

thank you

Thank you so much for the information. I was thinking it would look awfully suspicious if I asked for the I-94 at customs. My main concern is that my children are not bounced around from country to country because mommy doesn't know what steps she needs to take. I think it will be easier if I return to Texas and marry then come back to Canada to apply for my K-3 nonimmigrant visa, I have read that since some provisions were made to the LIFE act that the wait time is only just a few weeks. Can I apply for a work permit at the same time I apply for the K-3 or do I have to wait until I am legally in America, If so any idea how long before I can work. With the way things are in this age two parents really do need to work ecspecially with a house full of children...lol. OH and one more question Is it frowned upon by just getting married without the K-1 visa? Thanks again

 

[NYClex]

No, the authorities who do the wedding don't care about someone's immigration status.

You also can obtain a K-1 Visa before the wedding, so you would not have to leave the country again afterwards.

You only can apply for the work authorization once you apply for the adjustment of status, which you basically can do the day after you entered the country with a K-3 visa.

Depending on where you file it usually takes some weeks to arrive, sometimes up to 3-4 months.

So what you should do is prepare all the filing in advance. Once you file for the K-3 it will take a few weeks to come. Once you have entered the US, if you have prepared all the paperwork, you can go and file the petition for alien relative and the application for adjustment of status and the application for work authorization all together the next day.

 

[lmcguire31]

Thank you again

You have been a tremendous help and thank you again. I am pretty sure we are going to file for the K-1 visa, it makes much better sense due to the fact that there isn't as much traveling, which costs a small forture when you are traveling with three children. It is a really good idea to have the paper work already filed before hand, thanks for the idea. So I am understanding that if we file for the K-1 visa it allows us to marry within 90 days then I can apply for change of status and work permit. Will the children be able to attend school while we are waiting for the change of status, I would think they would but I have to be sure. Thanks again for all your help

 

[NYClex]

There should be no problem with the schools.

Good luck!