K-3 vs. CR-1 Considerations Married Canadian American

[gbiggs 0]

Hi there, I'm a US Citizen, married to a Canadian. We are determining the process to move to America together and wanted to play out a summary understanding. We've selected the Northwest for the convenience of travel for any visa requirements.

I've seen people weighing in the pro's and con's of K-3 vs CR-1. Our consideration weighs more towards our ability to see each other regularly and both be working. I've stripped down my summary and the other steps to be brief!

K-3

- Apply the I-130

- Apply the I-129F -> indicate desire for K-3

- My spouse arrives, applies for EAD and AOS

- We work and live until the AOS is approved

"Alternately, if prior to filing for AOS the K-3 Visa Holder has their underlying I-130 petition approved by the USCIS they may instead (of filing for AOS) choose to return to their consulate abroad to interview and obtain an IR-1 / CR-1 Visa."

- In this case - she can interview with the consulate, drop the K-3 and grab the CR-1

*Longer time, more money. Less distance

CR-1

- Apply the I-130 and follow this stream.

- My spouse visits (as I understand is possible, within a level of scrutiny) provided a statement of employment, residence, and or NOA1 (with no intention to immigrate, while waiting for the CR-1).

*Slightly less time, harder to visit, a little less money.

Extra Considerations:

-As I've spent more time in Canada, before and after the wedding, this year, My income will not reflect my total earning potential. However, my spouse has property they may liquidate as an asset, coinciding with a joint sponsorship (any experience in this?).

-She also is available to consider schooling during this time.

I present this, in case it reflects on the timing or other options / barriers. In consideration of my advanced return to America, resuming a normal wage earning life.

I appreciate all feedback and weighing in!

Edited September 1, 2015 by gbiggs

[Adil & Jeanne 296]

K 3 is no longer used / it is CR 1

[Ryan H 3,790]

To get the semantics out of the way first, you don't "apply I-130" or "apply I-129F," those are petition forms that you file.

Current USCIS and State Department procedures have rendered the K3 virtually unobtainable making the actual issuance of one a rare occurrence.

[FabtheFab 67]

I actually went through the same analysis myself. I ended up choosing CR1 mostly because of:

1) Being able to work is very important to me - from my understanding, you have the opportunity of working immediately with a CR1, while you need to file for EAD with K3, and that sometimes take months;

2) It's important for me to be able to leave the US if I need to - either to visit my family or because of how my career is. If I had a K3 and went through adjustment of status, I would have needed to file for Advance Parole to leave the US - that usually takes substantial time to be approved.

3) Some people still manage to file for K3 (you can find some people with active processes in this forum as we speak), but from what I've noticed, the processing time is very, very close to the CR1 process. Maybe one or two months less - but with these disadvantages, at least to me, it made sense to wait a bit longer.

By the way, if you have been married for more than two years, your wife will get an IR1 (10 year greencard) and won't need to remove conditions after 2 years.

[newacct 688]

2) It's important for me to be able to leave the US if I need to - either to visit my family or because of how my career is. If I had a K3 and went through adjustment of status, I would have needed to file for Advance Parole to leave the US - that usually takes substantial time to be approved.

K3 can leave the US without Advance Parole without abandoning AOS.