Hello everyone!

My wife just received her K-3 Visa last week from Vancouver!!! We had to mail her passport back due to confusion with the medical information, but everything went smoothly otherwise! She will be moving down to the States in late August/early September.

We also got approved for the I-130, and here is where my confusion begins yet again. I have read through the guides, but what confuses me is the filing of the I-864. I have recently received the IV Fee Bill and the I-864, and am preparing them to send back, but is this the proper thing to do now that we have the K-3??
I am wondering simply because I read in the AOS guide that you send in the I-864 as part of an AOS packet once she has officially moved and is living in the US. Any help or clarification that anybody could provide would be awesome...or even a redirect to someplace that spells out the answer (although it doesn't seem that plain English exists within USCIS! haha)
I just want to avoid double filing anything or paying fees for documents that I don't need to file. Thank you in advance for any help!

Andrew

You're at the stage where you have a choice in which processing route that you wish to continue on...

You can go through Path 1) Which is sending in the I-864 and IV fee bill back to the NVC.. this will result in your gaining permanent residence through the Immigrant Visa path. This will require you to return to your home country for a Immigrant Visa interview. In your case, you'd have to travel to Montreal.

Path 2) is to enter the US on a K-3, then file a I-485 package to the USCIS and gain permanent residence in the US through your local USCIS district office. If you choose this route, you will need to contact the NVC and tell then that you will be filing a I-485 in the US and request that they transfer your file.

If it were me, I would choose path 1. Much more consistent in timelines. Check to see how your DO is doing and how your consulate is doing in their processing. Pick the route that fits your needs better.

That is very helpful information! I figured we were finally at the crossroads between K-3 and CR-1, but was not entirely sure. If we choose path one, which is pursuit of the immigrant visa (not adjusting status in the US), is my wife still allowed to utilize the K-3 to move to the US and live? We have been apart long enough, and I do not wish to choose a path that will make the process longer than it is (and I have no problem getting plane tickets to Montreal for an interview, if thats what it takes!). Thank you again for the advice

Correct... your fiancee can come to the USA and live with the K3 and can come and go and work with Employment Authorization. This is a choice in how you want to take the next step to have her become a permanent resident. You have two choices.. to go through the process withthe State Dept by the interview at her home country, or through the USCIS through Adjusting her Status in the US at the local District Office.

I came to the US on a K3 visa, then I returned to the UK for my CR1 visa interview, all went great

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