Hey,
Im brittanie and im from canada, where as my bf is from oklahoma. we are currently thinking of getting a spouses visa and i was wondering if any of you could give me any sort of information on this said one. I do not know how much time it takes for the process to be finished, whether or not i can work while its being done, do i have to move to the USA immediately? or is it that i cant til i have the visa. i am very confuised and any information you ahve would be amazing!!

thank you!

Brittanie

Hi.

You should check the guides under the different types of visas you can pursue. You can create scenarios based on your needs and then decide which route would be best for the two of you. Also, you don't have to immediately use the visa, but there is a certain amount of time that you have to enter.

by immediately use the visa, does that mean that once i get married i do not have to immediately live int he usa? cause someone told me that before, because id rather wait til i have a workers permit so that i can make money still and pay for bills

and thank you for your response. I was just checking out the possible visas

hi brittanie and welcome. you should check out your visa options and decide what's best for you. And no, as you'll learn quickly here, you definitely won't be required to live here right away. As a matter of fact, you cannot. You will have to wait for the CR1 visa process to complete, which seems to average about a year. Most of us could only *wish* that we were required to be together immediately. Sounds like you're a lot more patient than a lot of here are Check out the link above, I think it will address most of your concerns/questions, otherwise, post back again. ttyl,

mich

Hi brittanie. If you have a boyfriend, he could apply for K1, the fiancee visa. If you have a husband, he could apply for the K3, the spouse visa.

Generally speaking, these "non-immigrant K visas" are the quickest route (6 months?) but it's difficult to predict, especialy now, since there's a hold up due to a new law: IMBRA (International Marriage Brokers Regulation Act). Once here on a non-immigrant K visa, you'd apply for an Adjustment of Status (another few months waiting). Then you'd be a full-fledged, legal immigrant, a permanent resident who's eligible to work. I hesitate to predict times, but it could take a year in total. The K visa allows you to be united with your boyfriend in the States quicker, and complete the process while living in the States. At least that's the theory.

The other route, which generally takes longer (a year?) before you can enter the States legally, is the CR-1 immigrant visa. You'd be a legal permanent resident and eligible to work as soon as you get here. Your boyfriend applies for this "immigrant visa" in any case, since it's a requirement when applying for the non-immigrant K visa. Interestingly for some K people: their CR-1 gets approved faster than their K visa. That's when they decide which one to pursue.

How long do you want to be separated? If you can hold on for a year (or so) because you want to live and work in Canada for some time, consider CR-1. But if you're madly in love and can't stand to be away from each other, consider the K1 or K3. Whatever you decide, it's a lengthy, expensive process with a new kind of stress. The more you know beforehand, the easier it will be.

People here are very friendly, funny, and helpful. But if it all seems overwhelming, and your boyfriend doesn't want to deal with the paperwork, which is considerable, you can consider using a good immigration lawyer. Whatever you decide, you're in for a 6 to 12 month journey (more or less). Welcome and good luck!

hi mich! and thanks, I did look at the link, Ive actually been looking into the Direct Consular thing and seeing what the qualificatins are and whether or not im able to file for this, but i think he must reside within canada in order to do so =(

that sucks cause it seemed like hte best option by far!



that is odd that the CR-1 gets approved quicker in some cases Am I allowed to apply for both at once and jsut go with whatever one goes faster??

and we dont want to be seperated another day, so the shorter the better. He especially is havign a rough time with it. Ive been calling customs and my US consulate in toronto trying to figure out what exactly i need to do right now, but im finding that this site ismuch more useful then any of those automated machines that are passing me from one place ot the next! I just wish they could offer some insight as to DCF. I emailed Montreal about it so im sure they'll get back to me

people here are friendly, i thought by now they'd tellme to take a hike cause i know so little and am so confused on everything!

Yes, unfortunately they require the USC spouse to be a legal resident of Canada in order to do DCF.

It is hard to know which visa will move quicker - K-3 or CR-1. You are allowed to apply for both and see which one goes faster. After you get married, submit the I-130. When you get your Notice of Action (NOA1), submit your I-129F applicaiton. Then, watch the race!

My husband and I didn't apply for the K-3 (I-129F) right away because at that time, the CR-1 was faster. But then it slowed down (and no one knows how it will be in the next couple of months - will things shift?). So at the end of January we filed the I-129F, and now we have an interview date for August 8 (for K-3). Our CR-1 is still processing and we will continue with that. I plan to come back to Canada for the CR-1 interview instead of doing AOS.

Good luck!

ima,
hi & welcome---a request please, I know there is a lot to take in all at once, but confining yourself to one thread will get you a better understanding.

You've said two things that conflict with each other that you should think about. One time you say that being able to work from Day One in the US is the most important, then you say that 'the shorter the better'; don't want to be separated another day.
From a visa standpoint, these two ideas are incompatable--you'll have to choose one or the other.

Next, US Customs and the US Consulate in Canada are not the people to be asking for advice on this topic. They might give you incorrect information, and you'd have no way to know until it is too late. Many people have been caught out by this, so a word to the wise.

The "insight" on DCF is clearly posted in the DCF Forum here. There is no other way around it; to file in Canada, the USC must be legally resident there for (most likely) one+ year. Considering everything, DCF in Canada is not the fastest method for that country.

The K-3 and CR-1 are not a choice, at least not until the very end. They are pursued simultaneously and they have different advantages/disadvantages. This is where the 'what's most important to you' question factors in. You can take whichever comes first, but a K-3 will not be eligible to work immediately--it will probably take 3+ months for a work permit.

i think that is by far some of the best information i have received yet! thank you!
and in that case, im gonna say that its more important to be with him sooner. As soon as i sell my truck I wil not have as many bill obligations here and i am saying hardcore so i know i will be ok for a few months in the end if necessary. =) you were extremly helpful! thank you!

so from what i understand then, I should just get the K-1 as we planned, not go straight ot marriage and wait, then I should get an AOS? and an AOS shouldnt take too long I wouldnt think considering they have most of the information still.

I am finally starting to get a better understanding i think from everyone here, thank you all SO MUCH!!

and based on that i wont be going for the DCF because he does not reside here, so thats out of hte question, and I will not be contacting customs or the US consulate.

thank you!

Cool, I'm glad that made sense.
Now, break down the K-1 process. The USC files a petition I-129f and you both wait. This time can be spent pining & whining, or being productive. Looking ahead, be practical and face the fact that you will not be working for your first 4-6 months in the US. Now is the time to start saving up for that, and planning how you'll get by and what you will do. There really aren't any ways around it (but as a Canadian, you should look into an *interesting* idea concerning your UI).
After the petition is approved, there will be some step leading up to your visa interview. After you get the visa, you move to the US. You now may not leave until you have a green card or document called Advance Parole. If you do leave, you will not be readmitted without a spousal visa & can be stranded in Canada. This has happened to others; heed their lesson.

After you enter the US with the K-1 visa, get married. Once married, apply to Adjust Status to Permanent Resident (green card), also called AOS. The conclusion of AOS is an interview as a couple. When that is done, you get a Green Card. When you have a GC, you are legal to live, work and travel.

How long to complete your AOS depends entirely on your District Office. This can take from 3 months to 3 years. While that application is pending, you apply for separate work and travel permission. The travel, already covered, is called Advance Parole/AP. The work permission will take 3+ months to get (after you apply, which is after you marry, which is after you enter with the K-1 visa). The work permit is called an Employment Authorization Document or EAD.
"They" may keep everything you've ever submitted, but nothing will go faster because of it.

Do visit the Guides, Flowchart and FAQ for the K-1 (blue tabs, top of the page). I think now that youve got some context, it will all start to make more sense. I think I spent a week just re-reading the same things over and over until it sank in... give yourself a bit of time!

AOS based on a K visa depends on the processing district office. Mine in Charlotte NC took about 9 months, others at the same office took 13 months and some even more. Other district offices are quicker, some are much slower. You may want to have a look at the processing timelines for the district office where you'd be applying for AOS.

I dont know who you are, but you are DEFINATELY my new best friend...

that was the greatest information i have received since they told me they were making a smore ice cream thing at dairy queen

I swear, you just answered like every question i had about that visa in a matter of a few paragraphs which no one has been able to do for me, attorneys included, for MONTHS!!!

I think you just made me the happiest person. although i hate that its gonna take so long, im so happy to atleast know WHAT THE HECK im doing now!!!



i am, thank you!
Im gonna be going through the Texas one because im going to be in Oklahoma so im kinda scared at just how backed up that office is

I think you missed one small detail of Reba's post; AOS is different from the K1 process in that you go through a DISTRICT OFFICE, not the Texas Service Ctr that your K1 would be processed through.

LOL, I like your style! It sounds like I must need that smore ice cream thingie...

If you like those answers (don't think you'll like the one I left on your other thread tho!) then you'll REALLY like the FAQ, Guide and Flowchart ref'd above. I did not invent any of this info; it has been left here for you by those who went before you.

Sounds like you found your Service Center. Now find your District Office: http://www.uscis.gov/graphics/fieldoffices...fices/index.htm

Then go here and watch how long it takes them to call I-485s for an interview: https://egov.immigration.gov/cris/jsps/ptim...id=d3x18vRWuL97

Since that probably won't be realistic, you look at VJ for others using your DO for the same application type. Then cross your fingers, sacrafice a chicken, plan on waiting, whatever. If Oklahoma, you may find them on the slower side. User "Cassie" would be a good person to look for; she's a Canadian in OK, & she's a clever gal.

[quote name='Jersey Girl' post='246203' date='Jun 12 2006, 08:32 AM'] But if you're madly in love and can't stand to be away from each other, consider the K1 or K3.

Oiii Jersey, we are madly in love, just patient lmao! Which reminds me something I have been noticing, why is it us 30+'s that go for the CR-1 most often? In our case we both did the head over heals in love thing years ago with someone else, now we just want security and the head over heals thingy!
Okay okay back to the original topic......It is all a matter of choice and you have gotten some good advice here. If you want quick, don't rely on a second income etc then I would say go for the K-1. If you are financially bound and need that second income, Cr-1 might be best for you.

People here are very friendly, funny, and helpful.
Just doing my part!

B

I've found that goats work much better

Yes, good results, but all those bones!

meh, just give 'em to the dogs