Hello to all the VJ folks.

I have a few questions and I am hoping that someone will have the right knowledge and can respond as soon as possible.

I am a Canadian Citizen and I met my love Jan 2006 and got married on December 14th, 2006. We now have a 6 month old USC son and we are UNFORTUNATELY apart because when I crossed into Canda and crossed back to the US after a few weeks, they denied me entry, until I file paperwork.

My questions are:
1-Do I apply for a K-3 Visa or I-130???

2-How anal are the USCIS, NVC, or whomever else we come into contact with in regards to dates, including short overstays?

3-On the application, they ask my residency? However; after graduating school and before meeting my husband, I went across the US to travel, do I have to state all the places I stayed or could I consider my parents home my residency because all my belongings were there????

PLEASE SOMEONE HELP ME, I AM SURE LIKE EVERYONE, WE DONT WANT TO BE APART ANY LONGER.
Thanks in advance,

Signing off,
Dying inside

Today there were a few posts that highlited why most considering the K-3 should consider it carfuly.

CR-1 (I-130)
Pro:

• Gets a green-card upon entry, no waiting 90 days or more for an EAD in order to work.
• Less paperwork to file, no I-129F
• Costs less, NO filing AOS to get green-card and paying $1010

Con:

• Takes a little bit longer to process.

Example of someone wanting to work on the K-3
http://www.visajourney.com/forums/index.ph...c=90617&hl=
Example of mishandling the I-129F for K-3
http://www.visajourney.com/forums/index.ph...c=90611&hl=
http://www.visajourney.com/forums/index.ph...c=90609&hl=

Lawyers LOVE recommending the K-3, they can charge more for the extra paperwork, and hope to get involved when the couple goes to adjust status later, more paperwork and fees, like $1010 now for AOS.

With the crazy increase of AOS to $1010 this past July, the K-3 is an expensive idea.

Use the timelines here on VJ and compare NVC received to Interview for K-3, and CR-1 to get an idea of the difference.

if I remember correctly, you only need to include places that you have lived for over 6 months

Poor girl

Have you been living in the US with your husband all this time without having filed any paperwork?

Supposedly, a CR1 (i-130) is "better" and a K3 (i-129f) is "faster." However, nobody has a clue as to how things will be in the future. Currently, K3s are going a lot quicker than CR1s.

I think it depends on how long you overstayed, if anyone cares about it or not.

Residency is where you lived, not visited. I am unsure if they asked for proof of residency... can't remember.

Good luck to you. Hopefully your husband can visit you and your baby often. I would have to guess that your name is flagged at the border and you'd have a hell of a time crossing to the States without your visa.

What province do you currently live in? If in Manitoba or west you would interview for a K3 in Vancouver. If in Ontario and east, it would be Montreal (for a K3). Vancouver is months faster for interviews. Right now Montreal times for CR-1 and K3 are probably around the same -- it's a long wait.

If you're going for a CR-1 then you have no choice but to go through Montreal.

Be prepared for a bit of a wait whichever you decide though. USCIS is still pretty backed up with petitions. Good luck with whatever you decide.

Good point, it's apparently taking forever at USCIS now, too. I will share what I have learned in this past year of hell. If I had to do it all over again, I would have applied for PR in Canada out-of-country (goes faster than if you live in Canada with your spouse), then once I got that, filed for DCF.

However, if I were the OP, I would have your hubby come to Canada and apply for PR within Canada since you have a baby. Spouses are allowed to live with their spouse while waiting for the Canadian PR process to go through. At the moment, it is your only choice if you want to be together right now. Missing out on a year of a child's life, waiting on the government.... not a great option. Babies grow so fast.

Completely agree with this....come to Canada.

edit

Thank you all for responding with great advice. Not sure how do reply properly so I will attempt to reply one at a time
YuandDan, totally agree with most lawyers intentions in filling out a number of forms and charging so much!

Thank you all for responding with great advice.
DJC- From the time I found out that I was having a baby, we decided for me to not go home (Canada) until after we have our son. My hubby will be coming in a week for the first time but due to his job, he can only stay for one week. I feel this will be a VERY VERY long, depressing process but in the end, it will be worth it!- I hope it doesn't take a year!

Misa- So I have read; I must commute to Montreal when the time comes. I live in Ontario, but as I told Djc, I hope it is not a year.

MarilynP on the G-325A, it does not give the number of months but I still overstayed by 3-4 months...wonder if that could cause friction on my paper work??? i have filled it out UMPTEENTH times and everytime i make a minor mistake i fill out a new one!!

My dear new friend,

I would totally go for the I-130; but that's me (and it's well known I'm insane). I hope things go quicker for you. Good luck and we're here for you!
Peace, L.

You overstayed and believe you are just going to flip a petition through the system?

That's not very helpful. Did you have some insight you want to share D&N?

Ditto.

ANYWAY... to the OP, the overstay bar doesn't get triggered until you leave the U.S. and only if you overstayed 180 days. As a Canadian, you were allowed to be there for 6 months.