Newbie needs help with K3 PLZ

[crn78 0]

Hi everyone,

I have been on countless sites and forums trying to figure this whole thing out and I'd really appreciate some input from those who have actually gone through this process This site seems to be the one and I'm finally feeling a little less overwhelmed. Here's my story:

Im engaged to a US marine and presently in the US (I'm Canadian). We have an apartment in Connecticut righ now and will be stationed here for the next 3 years. I'm here right now on a toursit visa and will be returning to Canada at the end of June to prepare for our wedding in August. My fiancee will come to Canada for the wedding and then return to the US. I will remain in Canada until the proper visa is issued.

Here are my questions/concerns:

1) Is the K3 the way to go? what about direct consular filing?

2) Realistically, can we do this ourselves or would you truly suggest investing in a lawyer?

3) Can we start filing anything right now or do we have to wait until after we're married?

4) I live in Nova Scotia, is Montreal the only interview place? How long typically do you have to wait to get an interview? (I read 2-4 months)

5) When can I expect to enter the US again?

I have already downloaded various forms and instructions on how to complete.

* I realize every case is different and processing times depend on various factors but any comments on my case is greatly apprecitated. I feel stressed! Sorry if a lot of this is repeat post information but I really don't know what to do next and every time I read someone else's post I get a different answer. Please help or direct me in the right path Thank you in advance!!!

[YuAndDan 153]

1) Have you considered CR-1? Also DCF required US citizen to be a living in foreign country on a resident visa for at least 6 months.

NOTE: K-3 is not work authorized, CR-1 is. K-3 cannot work, apply for SSN or Driver's license until they have EAD or Green-card. EAD can take 90 days or more to get.

2) Why use a lawyer? They cannot speed anything up. They are useful if you have something complicated to deal with like a past overstay in the USA. We used the guides no problem, saved a ton of $$$.

3) You need to be married first, a copy of marriage cert needed in the petition.

4) YES, Vancouver handles only west coast cases.

5) You can visit while the petition is being processed.

NOTE: If you are still in USA, and your last entry to the USA was not with intent to immigrate, then why not just marry now and adjust status?

http://www.visajourney.com/forums/index.ph...page=i130guide2

Edited June 2, 2008 by YuAndDan

[pushbrk 12,105]

1) Have you considered CR-1? Also DCF required US citizen to be a living in foreign country on a resident visa for at least 6 months.

2) Why use a lawyer? They cannot speed anything up. They are useful if you have something complicated to deal with like a past overstay in the USA. We used the guides no problem, saved a ton of $$$.

3) You need to be married first, a copy of marriage cert needed in the petition.

4) YES, Vancouver handles only west coast cases.

5) You can visit while the petition is being processed.

NOTE: If you are still in USA, and your last entry to the USA was not with intent to immigrate, then why not just marry now and adjust status?

http://www.visajourney.com/forums/index.ph...page=i130guide2

Dan's answers are correct and suggestion valid, so I second them but I suspect the reason they don't just marry now has to do with their life plans for a wedding in Canada.

[YuAndDan 153]

Dan's answers are correct and suggestion valid, so I second them but I suspect the reason they don't just marry now has to do with their life plans for a wedding in Canada.

A week or so ago someone else asked the same type of question, my suggestion then was legal marriage in the USA file AOS + AP, and travel back to Canada using green-card or AP doc, and have a religious marriage there.

http://www.visajourney.com/forums/index.ph...t&p=1877562

[pushbrk 12,105]

Dan's answers are correct and suggestion valid, so I second them but I suspect the reason they don't just marry now has to do with their life plans for a wedding in Canada.

A week or so ago someone else asked the same type of question, my suggestion then was legal marriage in the USA file AOS + AP, and travel back to Canada using green-card or AP doc, and have a religious marriage there.

http://www.visajourney.com/forums/index.ph...t&p=1877562

It's a perfectly valid option but is often not acceptable to families, particularly for first marriages. Many prefer their marriage and wedding to be one in the same.

[crn78 0]

1) Have you considered CR-1? Also DCF required US citizen to be a living in foreign country on a resident visa for at least 6 months.

NOTE: K-3 is not work authorized, CR-1 is. K-3 cannot work, apply for SSN or Driver's license until they have EAD or Green-card. EAD can take 90 days or more to get.

2) Why use a lawyer? They cannot speed anything up. They are useful if you have something complicated to deal with like a past overstay in the USA. We used the guides no problem, saved a ton of $$$.

3) You need to be married first, a copy of marriage cert needed in the petition.

4) YES, Vancouver handles only west coast cases.

5) You can visit while the petition is being processed.

NOTE: If you are still in USA, and your last entry to the USA was not with intent to immigrate, then why not just marry now and adjust status?

*** This is an option for us, to marry now in the US (I will make sure 60 days has passed since entry) and then have the ceremony in Canada, however, the wedding in Canada is already planned and booked. I thought once I got married and apply for adjust I cannot leave the US until approved for everything. Would I be able to get legally married here and then go to Canada in August to have the ceremony and then return to US in September? Also, when I first entered the US they put "no adjustment of status" on the back of my tourist entry permit. Would I still be able to adjust?

Thank you so much for your reply and comments...

http://www.visajourney.com/forums/index.ph...page=i130guide2

[crn78 0]

Dan's answers are correct and suggestion valid, so I second them but I suspect the reason they don't just marry now has to do with their life plans for a wedding in Canada.

A week or so ago someone else asked the same type of question, my suggestion then was legal marriage in the USA file AOS + AP, and travel back to Canada using green-card or AP doc, and have a religious marriage there.

http://www.visajourney.com/forums/index.ph...t&p=1877562

*** This is an option for us, to marry now in the US (I will make sure 60 days has passed since entry) and then have the ceremony in Canada, however, the wedding in Canada is already planned and booked. I thought once I got married and apply for adjust I cannot leave the US until approved for everything. Would I be able to get legally married here and then go to Canada in August to have the ceremony and then return to US in September? Also, when I first entered the US they put "no adjustment of status" on the back of my tourist entry permit. Would I still be able to adjust?

[pushbrk 12,105]

Dan's answers are correct and suggestion valid, so I second them but I suspect the reason they don't just marry now has to do with their life plans for a wedding in Canada.

A week or so ago someone else asked the same type of question, my suggestion then was legal marriage in the USA file AOS + AP, and travel back to Canada using green-card or AP doc, and have a religious marriage there.

http://www.visajourney.com/forums/index.ph...t&p=1877562

*** This is an option for us, to marry now in the US (I will make sure 60 days has passed since entry) and then have the ceremony in Canada, however, the wedding in Canada is already planned and booked. I thought once I got married and apply for adjust I cannot leave the US until approved for everything. Would I be able to get legally married here and then go to Canada in August to have the ceremony and then return to US in September? Also, when I first entered the US they put "no adjustment of status" on the back of my tourist entry permit. Would I still be able to adjust?

The answer is most likely no on two counts, the notation on your visa and the time it takes to get advanced parole, which is usually at least three months after filing.

[YuAndDan 153]

Dan's answers are correct and suggestion valid, so I second them but I suspect the reason they don't just marry now has to do with their life plans for a wedding in Canada.

A week or so ago someone else asked the same type of question, my suggestion then was legal marriage in the USA file AOS + AP, and travel back to Canada using green-card or AP doc, and have a religious marriage there.

http://www.visajourney.com/forums/index.ph...t&p=1877562

*** This is an option for us, to marry now in the US (I will make sure 60 days has passed since entry) and then have the ceremony in Canada, however, the wedding in Canada is already planned and booked. I thought once I got married and apply for adjust I cannot leave the US until approved for everything. Would I be able to get legally married here and then go to Canada in August to have the ceremony and then return to US in September? Also, when I first entered the US they put "no adjustment of status" on the back of my tourist entry permit. Would I still be able to adjust?

As long as you can get AP document from USCIS by that time, yes you can.

You file I-485, I-130, AND I-131 to the Chicago po box. AP (I-131) takes 60-90 days to process.

[pushbrk 12,105]

Dan's answers are correct and suggestion valid, so I second them but I suspect the reason they don't just marry now has to do with their life plans for a wedding in Canada.

A week or so ago someone else asked the same type of question, my suggestion then was legal marriage in the USA file AOS + AP, and travel back to Canada using green-card or AP doc, and have a religious marriage there.

http://www.visajourney.com/forums/index.ph...t&p=1877562

*** This is an option for us, to marry now in the US (I will make sure 60 days has passed since entry) and then have the ceremony in Canada, however, the wedding in Canada is already planned and booked. I thought once I got married and apply for adjust I cannot leave the US until approved for everything. Would I be able to get legally married here and then go to Canada in August to have the ceremony and then return to US in September? Also, when I first entered the US they put "no adjustment of status" on the back of my tourist entry permit. Would I still be able to adjust?

As long as you can get AP document from USCIS by that time, yes you can.

You file I-485, I-130, AND I-131 to the Chicago po box. AP (I-131) takes 60-90 days to process.

My calendar tells me there's probably not enough time to get AP by August, Dan but what do you make of the notation of "no adjustment of status" on her tourist visa?

[YuAndDan 153]

Dan's answers are correct and suggestion valid, so I second them but I suspect the reason they don't just marry now has to do with their life plans for a wedding in Canada.

A week or so ago someone else asked the same type of question, my suggestion then was legal marriage in the USA file AOS + AP, and travel back to Canada using green-card or AP doc, and have a religious marriage there.

http://www.visajourney.com/forums/index.ph...t&p=1877562

*** This is an option for us, to marry now in the US (I will make sure 60 days has passed since entry) and then have the ceremony in Canada, however, the wedding in Canada is already planned and booked. I thought once I got married and apply for adjust I cannot leave the US until approved for everything. Would I be able to get legally married here and then go to Canada in August to have the ceremony and then return to US in September? Also, when I first entered the US they put "no adjustment of status" on the back of my tourist entry permit. Would I still be able to adjust?

As long as you can get AP document from USCIS by that time, yes you can.

You file I-485, I-130, AND I-131 to the Chicago po box. AP (I-131) takes 60-90 days to process.

My calendar tells me there's probably not enough time to get AP by August, Dan but what do you make of the notation of "no adjustment of status" on her tourist visa?

Yep, looks like the POE officer suspected possible immigrant intent, and noted that. Looks like AOS is out of the question so it is K-3 or CR-1 for the OP.