Hello Everyone,

I'm new to this site and I appologize in advance if someone has already asked this question. I have been reading through different threads trying to see if I saw my question posted already, but I didn't see it.

I am Canadian citizen and I'm married to an American citizen for over a year now. We're planning on filing for my K-3 ASAP, however we're not sure if we should go through an immigration lawyer for this...or just do it ourselves. Any advice on this would be great, from people that did use a lawyer/didn't use a lawyer.

Thanks everyone!

Canadian_Butterfly

Generally, if your case is complicated and you have the money then it advisable to get one. However, if you are the online type of person and a member of this kind of forums like VJ, it helps a lot..and you don't need a lawyer at all.

Welcome to VJ! This site is great!

that is great but i saw that you are filing for your k3, just make sure you file your I130 first. Best wishes to you both.

I never needed a lawyer thanks to this forum. If I had a lawyer, I can pretty much kiss my life good bye. Very expensive. So far, I experience no problems.

Hi, and welcome to VJ. Looks at all the FAQ's and Guides before going to see a lawyer. This is a great site if you don't have any type of complicated application, however by all means get a lawyer if you think you need one.
I note your name has "Canadian" in it, so I suspect that one of you is Canadian!

Head over to the Canada Forum, under Regional Discussions. There are quite a few active members right now going through the same K-3 process! They'll be able to help answer questions.

Carla

I think All VJs here (incluse myself) are becoming in lawyers!! jajjajaaja. I never thought I could move with myself in all documents of process. This site help me so much. Congratulations for all VJs and Welcome to you.

cordially, Mona Lisa Smith

If you're good at following instructions and are detailed oriented, then all you would need is this forum to get most of the information you might need. I've read several posts of people not being too happy with their lawyers regarding documentation and misleading information.

You know what? Maybe, after all of this mess, you can be an immigration consultant and make some money? Hehehe.

WELCOME TO VJ !

Welcome to VJ!!

I have gotten better advice here than any Immigration Lawyer could give. 7 months ago- I was a mess. Trying to find answers and getting reliable advice was a nightmare. I was so happy to find VJ.

Unless you have any complex issues regarding your case, you can find almost everything you need to know right here.

Wow thanks everyone! Everyone on here seems so nice!

This site really seems like it will be able to help me...Right now I'm like a crazy person up till all hours of the night reading whatever I can about immigration, border crossing, visa's... My eyes burn now! LOL
We will consider what everyone has to say, to help us make our decision. If anyone has any other information about this, that would be really appreciated as well.

Thanks again everyone!

Canadian_Butterfly

As others have stated, if your case isn't complicated and you're detailed oriented, there's no need for a lawyer. We filed and received a K3 without the help of a lawyer. All we needed was the guides to this site and members' advice.

Good luck!

We hired a lawyer and wish we had not!! We had not found VJ, both were busy, so we hired a lawyer, big waste of $$$, like $2500 plus filings!! If ur case is straight forward (no criminal charges, etc) you can do it urself. The lawyer really doesnt do much!! Al our lawyer did was collect the paperwork, mailed them to us, we filled them out, mailed them back to her, she double checked them, and mailed them where they had to go!! You stil have to colelct the proper documents (long from birth cert, police record) lawyer really doesnt do much!! Save the $$$, spend some time on here, and you should be set!! take your time filling out the forms:
1) ensure it is legible!!
2)No white out!!!
3) One requires a long form birth cert (Canadian) it is the 1 that lists your birth parents on the form.
4)Background check, for every country you have lived in for 6 months or more for every country!! For canada, you just need 1 that covers the whole country!! Can be obtained at most local RCMP detachments and Local police stations, or in the Greater Toronto area the Commisionaires (http://www.commissionaires.ca/) It is a easy document to obtain, some give it to u on the spot, some take longer, some charge no fee, some do!! Should say somewhere onthe document that the search was conducted CANADA wide or mentions Cpik(think thats what it is called??)
5) If you have ever had a criminal record, you will need fingerprinting!! NO criminal record, no fingerprinting, just the above mentioned background check!
6) Ensure you make copies of everything you mail in!!!
And most of all be patient!! Another option since you are already married is the Cr-1 (married for less than 2 yrs, IR-1 is married for over 2 yrs)

Best of luck

Lawyers gets paid lots of monies! That $2500 is enough to live for one month! So if he has 12 clients, he can live for 12 months, and doing only a few hours worth of work. LOL

we had a lawyer and he seemed to hinder our case more then he helped... I had to keep him on his toes and correct his mistakes...... so he ended up being a waste of money....

Wow you guys are great on here! With your help I probably could do it myself. I know that it's my husband that has to file for me since he's the American citizen, but of course he would have me do all the paper work anyway... LOL
The only thing is I've heard some horror stories of people having their whole application sent back to them and denied...had to start over and everything just because they forgot one thing or did something minor incorrect. I don't want that to happen to me. I wonder if I were to do everything myself if I should just have a lawyer read it over before I send it in, or if that's even necessary.
Like I said you're replies are really helping, so thanks a lot and keep them coming!


Canadian_Butterfly

If you need someone to look over your documents and also want to save a few $$ send your application to me.. I'll only charge you 10% of what a lawyer would charge

Seriously though, when you look at the documents that need to be filled out.. even a 10 year old can fill it out. Just double check and triple check your own work and you should be fine

Hahaha ... I'll keep you in mind when I get through it Devblt. To be honest I haven't even looked at the actual forms as yet...I think I'm just psyching myself out. Plus I don't know 100% which forms I need to look at or start on...I'm a confused butterfly. LOL

Canadian_Butterfly

CB, can I recommend that you don't psych yourself out?

There are essentially two choices you have as an already-spouse of a USC: an Immigrant Visa (CR/IR) or a K-3. Each has different benefits and drawbacks that will depend entirely on your specific situation.

Starting here is good: http://www.visajourney.com/forums/index.ph...mp;page=compare

Skip the K-1 stuff, and disregard DCF unless your USC spouse also lives in Canada.

That narrows it all down some, doesn't it?

Thanks meauxna! That does indeed narrow it down some! Since you said that there are benefits and drawbacks to both then I'll just have to read through and figure out which one is best for me. ...Or do you apply for both?

Canadian_Butterfly

By applying for a K3 you are automatically applying for a CR1 visa. For the K3 you first need to send of the I-130 (which by itself is the CR1 visa) and once you get your receipt conformation you would submit the I-129F.

The key difference between the two is how quickly the two of you can be together.. (no boubt there are others). If you are not overly concerned about how long the two of you will be apart, the CR1 visa is the best to go with as it has the least amonut of paper work that needs to be filed, is the cheapest option, and when you finally get over states side, you'll have your GC straight away. With the K3 visa, you'll have to file the additional I129F and when you finally get over to the states, you'll have to files for Adjustment of Status which is more $$$. You may save about 2-3 months in time by applying for a K3, but you'll spend more $$$ in the process. So the question is what makes more sense in your situation. Saving $$$ or being reunited quicker. Personally I opted for saving $$$

You used to be able to apply for both, but that does not seem to be the case anymore. Rather, you can apply for both, but you will only 'get' the K-3 if you go that way.

Points to consider:

-How soon does the immigrant NEED to work? Can s/he spend the first 3-5 months in the US without working, or are the #1 breadwinner or have a job offer waiting that requires them to have work authorization from the get-go?

-How soon does the immigrant NEED to move to the US? Would a couple more months apart be a palatable tradeoff for additional immediate immigration benefits?

-What are the comparative timelines of the various offices you'll have to deal with? There will be one calculation for the petition/Service Center. There will be another for later applications, some of them more urgent than others.

You haven't really shared any of your short, mid and long term objectives, but these are some of the factors that would determine which visa type is 'best' for your family.

dev, a gentle correction.

The I-130 is the petition that is required to start either/both of these processes--IOW, you can't have a K-3 petition go in without also having an I-130 in.
However, the Service is now looking at the additional I-129f and thinking: hey, you must really actually want to get a K-3, so we will NOT continue you on the Immigrant Visa path (CR-1).
Once the K-3 process is started, you now have to stick with it and ultimately apply to Adjust Status/AOS in the US.

devblt,

No, you're not. And an I-130 petition is neither an immigrant visa nor is it an immigrant visa application.

Yodrak

My humble apologies

Thanks again to all, this is great help!
I'm taking it all in, everything you guys have to say!

Canadian_Butterfly

Hello everyone.

I have to admit I am still very confused here. I read through the choices that I have and under "Spousal Visa (RI-1 / CR-1)" I see that it states:

"This is basically the 1st half of the K-3 process. If you file for a K-3 you are filing to get an IR-1 / CR-1 by default (filing an I-130) as well as for the K-3. The K-3 was designed to allow the foreign spouse to enter the US even if the I-130 has not been approved. In most cases this works out well since the I-130 takes so long to approve and the K-3 is relatively fast. In some cases the I-130 is approved fast enough though that this option is better then a K-3 (or if the applicant applied for a K-3 -- i.e. filed an I-129f -- then they can abandon the K-3 and pursue the IR-1 / CR-1 instead)."

...From that it seems like you are automatically applying for the CR-1 when you apply for a K-3 visa. Or, at least it looks like you can apply for both and see which one comes through first and go with that. Maybe I'm reading it wrong and misunderstanding completely.

**Can someone please help me make sense of this? (Sorry if I'm asking stupid questions here, I've been reading too much and I'm just confusing myself more and more.) ** ...I didn't even see the forms for the CR-1 visa.


Thanks again guys, I really appreciate all the help.


Canadian_Butterfly

The likeliest scenario will be that once your petition for the K-3 is received, both the I-130 petition and the I-129F will be sent to the same service center to be processed together. More than likely they will also be approved together. Once they are approved, unless you clearly indicated that you wish for consular processing of the I-130, the USCIS will retain the I-130 petition and it will be held at the National Benefits Center(until AOS), the I-129F will be forwarded to the NVC and then on to the appropriate consulate/embassy for K-3 processing. If you decide you would like consular processing of the I-130 after approval, resulting in a CR-1 visa AND you discover it has been retained , you may then file an I-824 requesting your approved petition be forwarded to the NVC. The I-824 comes with a cost of $200.00 and an unknown wait time for processing. It is only after receiving an approval on the I-824 that you may proceed with consular processing of the I-130.

I want to emphasize that this is the likeliest scenario based on the information Ive seen on this board. Nothing is 100%.


Good Luck and Welcome!!!

No matter what choice you make, you have to file the 1-130. Once that is filed you 'can' opt to also file the 1-129f (K3)

Both applications will move along similtaneously. What is not clear is how quickly each one will go through the system.

At one time, the CR-1 was so slow compared with a fiance visa, the K3 was introduced because it did seem very unfair that a spouse could not enter the USA while a fiance could.

Now, these time lines are less clear and other aspect could influence your choice.

The CR-1 is not a visa, it's the green card so obviously, once you have that then your spouse can work/apply for driving licence etc etc. The K3 is a visa that you use to wait for your AOS process, or as some have done, the CR-1 process.

The 1-130 is the application for the CR-1.

I hope this makes it a little clearer.

Oops. That is not your error, it is the Guide's. The K-3/IV relationship has changed very recently and isn't well defined.

Currently, when you file the I-129f for a spouse (after filing I-130), USCIS approves the I-129f (and often the I-130) on its normal schedule and sends it along to the NVC. However, instead of also sending the approved I-130 to NVC to start normal IV processing, it is held in the US.
The expectation is that you will use the approved I-129f toward a K-3 visa, the immigrant spouse will come to the US as a non-immigrant (K-3) and apply to Adjust Status/AOS/(I-485) from inside the US. This means an additional 6+ months of processing to become a Permanent Resident and the additional expense of a work permit. The benefit is that you get to be together, in the US, potentially sooner than you would if you waited for the slightly longer Immigrant Visa process.
Which is what CutienPurg just posted.

There are no forms for a CR-1 visa, because it is an Immigrant Visa--that's the official name that you'll find at uscis.gov and travel.state.gov (2 important sites for you).

Sorry about all the abbreviations, too. We use a lot of them. There is a dictionary here: http://www.visajourney.com/forums/index.ph...page=definition

Thanks for the "likeliest scenario," I appreciate that CutienPurg.
By the way are you from MI and your spouse from Canada? I'm from Canada and my spouse is in MI...I'll be moving there once I get through with everything. I just thought that was an interesting coincidence...If that's the case.
Did you use a lawyer by the way, or are you doing it yourself?

Canadian_Butterfly

THANK YOU! THANK YOU meauxna!
That is much clearer to me now. And that dictionary....Thank you greatly for that!!! Since I'm new I have no idea what people are saying to me half the time or what I'm reading on other threads. LOL (Silly me!)
I'm definately going to check that out right away to make more sense of things!

Canadian_Butterfly

Cool Beans!!!
I am from Michigan

No we didn't use a lawyer. Our case is pretty straight forward. We have had our stumbles but I've learned a lot around here. If we had it to do again, we would have for surely just gone through the CR-1 process and skipped the k-3 all together.

If you haven't been by the Canada forum , you really should check it out . So much info pertinent to the 2 consulates,leaving Canada etc
http://www.visajourney.com/forums/index.php?showforum=93

CutienPurg...thanks for letting me know, and sending me the link. Hopefully that will help. Can I just ask you, you said if you had to do it again you would have skipped the K-3, why is that?

Canadian_Butterfly

Well......it may be more hindsight.

The I-129F was approved on October 4, reached the Montreal consulate on October 18 and 6 months later our interview was scheduled.
The I-130 was approved on Nov 14th or 16th and reached the NVC on Dec 14. ( we were the last batch of lucky ones who were given the opportunity to pursue both) There is a strong likelihood that the I-130 would have finished it's process by now and an interview could have been scheduled.
BUT
We initially planned for AOS ( given the K-3 gets approved in 2 weeks) and didnt begin the NVC process.We have since changed our minds and are going to follow through with consular processing and are hoping for completion by summer's end. We'll make Montreal part of our trip to Nova Scotia to begin our retirement property search.

.....and please dont let the 6 month thing unnerve you. Although wait times for Montreal have recently been longer than everyone expected, Im not sure they are the new "norm".

When you stop by the Canada forum , be sure and bring FlamesNINE an extra large Tim's with a cow attached.

So through all the advice and after seeing some of the forms we'll need to fill out, I think we're going to try doing it ourselves...ahem with all of your help on here ofcourse!

So I'm sure I'm going to have a lot more questions for all of you down the road. Thanks for all the advice and help thus far!

Canadian_Butterfly

You can do all the stuff that your lawyer is going to do for you. If you case is non complicated and does not have any issues of any sort, maybe you can save your self the spending thousands of dollars on a lawyer. I wish I had found vj before we filed. I could have saved my self time and money. VJ is a great source of information to walk you through the process. Welcome VJ

Dip_sticks......you're due for your monthly touch , girl.......make sure your legs are shaved


I'm still thinking positive thoughts for you guys and everyday I watch for a post with good news.

Hang in there kiddo!!

LOL thank you for that CutienPurg. I will make sure I shave my legs and wait for the happy news jejeje. Maybe good things will happen for us this easter. =0)

As others have said, if you case is reasonably simple and you two are attentive to detail and get a little obsessive over following your process along -- there is no reason to hire an attorney.

I have those attributes, but hired an attorney when we did our K1 in 2005. That firm brought a little peace of mind but really not much value. The value I wanted was in simplifying matters for my (then) fiance) -- and they didn't do that. We had to be all over the visa application part of the process.

Now our situation is slightly more complex, since we did use the K1 last year but didn't get married at that time. (Her choice, that is, the beneficiaries choice, and it made sense at the time.) When we decided to proceed with marriage and relocation, we did consult with immigration lawyers because of IMBRA. (That, Canadian_butterfly, is something you almost certainly don't need to worry about for a variety of reasons. The only exception -- did you ever come here before on a K1 visa? You didn't, so, you don't need to worry about IMBRA.) We got different advice from different attornies, and folded it all into our evolving plan. We opted to get married and are following a K3 path (although we might decide to activate the CR-1 after all once the I-130 is complete.) Our situation is now more complex, but we are proceeding without retaining an attorney. I don't think we'll regret that decision -- but we don't yet have our visa in hand, either!

You've seen aspects of why this board is good in action. Earlier in this thread, there was some not accurate information provided and it was quickly corrected, more than once. And the fellow took the correction with good spirits. That's the way it normally is here. The self-correcting nature of information provided on this board is one advantage that it can have over an attorney, who has this mantle of expertise conferred upon him by society but who, in any specific case, operates rather privately, without the opportunity for good peer review and correction. This is a good board, which is impressive given that a lot of us are feeling stress because of prolonged separation from someone very special to us.

Good luck.

Good advice novotul, thank you.
I do not have a complicated case, nor have I been to the U.S. on a K-1...So I guess for me, it is pretty straight forward. And you're absolutely right, people on here have the chance to be corrected, if need be...And it's done in a "nice" way, as apposed to some of the other discussion forums out there. It's also a good support system since everyone is going through the same thing as you, so I like that as well. From another forum I was told about VJ, so I'm glad I decided to check it out!

Thanks again to everyone,

HAPPY- Canadian_Butterfly
(going to visit the hubby today, one last time before we start filing. )

Just sos ya knows........there is no requirement for you and your sweetie to stop visiting simply because you have filed your petition. As long as you can establish that you have strong ties to Canada( and he to the US) and will return after your visit, the likelihood of having trouble crossing is minimal. If you have been a regular visitor, your crossing record should show that. We cross at the Bluewater and other than a few odd instances with a certain overzealous US border guard, they barely bat an eye......going on 4 years now crossing every 3- 4 weeks.

anyway........wasnt sure if you knew it was still ok.

have an awesome weekend......enjoy the freakin snow! UGH!

CutienPurg, thanks for letting me know. To tell you the truth I've been REALLY confused about this whole situation. I was told by two different lawyers that you couldn't leave the country until the K-3 Visa comes through, and since so many people on this forum are talking about travelling while their case is pending, I had no idea what was right. But if you're saying that you've been doing this for 4 yrs almost, crossing every 3-4 wks...well that gives me hope! The Bluewater bridge is the same place I cross too...hopefully I'll be fine as well. That makes me and my hubby feel a lot better about this whole visa process.

Happy Easter and thanks again!:)

Canadian_Butterfly

Many Cdns have travelled tothe USA while their visa journey was in progress. I never had a prob, but some (not sure how many ) have been denied entry. If I had to do it over again, i would do it the same way!!

Basically, anyone can visit their spouse in the United States as long as they can show they will return to their country and not just stay in the United States and adjust their status that way.

To ease your travel worries, here are some tidbits to help:
1. Make sure you have never overstayed your tourist visa.
2. Have a return ticket (if you're flying)
3. Keep your visits to a reasonable amount of time. (What exactly is reasonable depends on the Officer at POE but basically if you're visiting for months at a time you're going to raise some flags. How many people do you know can afford to take months worth of vacation if they have a job back home, bills to pay .. you get the picture.)
4. Always bring proof with you that shows you need to return to your home country (eg letter from work stating you're returning X day, mortgage statements etc.). Just in case you get that Immigrations Officer that is having a bad day.
5. Remember, letting you into the country is entirely at the Officer's discretion! Always be polite, and answer (briefly!) any questions they ask you and ALWAYS BE HONEST.

Most of the time you should have no problem. I think lawyers tell people they cannot visit because they don't want to be left looking bad if you DO get turned back at the border for some reason. Its a Cover your backside philosophy.

Again I'm all for visiting the USA while the Visa journey is ongoing, I did!! BUT one can have all the evidence in the world, and if the POE officer does not belive ur evidence or whatever, he may not allow u entry into the USA, he doesnt have to give a reason!! Simple as that, he may just have a hunch!!! Just dont be over confident,lol be polite, answer only the questions (dont add too much) and I'm hopefully all go well, just remember it is not ur RIGHT to gain entry in the USA. Best of luck