So many questions, so many confusing websites!

[jonesg111 0]

Hello all, this site looks very helpful from what I've seen so far and I'm hoping that you guys can help me too!

Here is a short version of my story.

I am a Canadian citizen and my wife is a USC. We met online two years ago and recently got married in May of this year (08). We moved back to Alberta and she is here on a visitor's visa.

We plan on moving back to the US in the next year or so.

So here is the question, which is the best visa to apply for, the k-3 or CR-1? We are not in a big rush so it seems to me as I understand it that the CR-1 is better because its cheaper.

Any ideas? Questions?

Thanks!

[~Laura and Nick~ 5]

I would definitely go with the CR-1. It's just a better visa compared to the k3.

Check out the Guides and read the CR-1 Guides. It tells you step by step what to do.

You may also want to check out the link beside BEGIN HERE. It gives you a comparison of the different types of visas. You can talk it over with your fiance and make the right choice for you both.

Best of luck and welcome to VJ!

Edited July 25, 2008 by ~Laura and Nick~

[jonesg111 0]

I would definitely go with the CR-1. It's just a better visa compared to the k3.

Check out the Guides and read the CR-1 Guides. It tells you step by step what to do.

You may also want to check out the link beside BEGIN HERE. It gives you a comparison of the different types of visas. You can talk it over with your fiance and make the right choice for you both.

Best of luck and welcome to VJ!

We're actually already married so no more fiance for me!

[Flames9_RN 358]

Welcome to VJ!

So you as the American citizen, are you a permanent resident of Canada?? Reason why I ask, if so you can do what is called DCF--direct consular filing--- There is a DCF forum here on VJ, with a CANADA sticky at the very top,which should have piles of information for you. DCF should be the fastest route, at the end if your married for less than 2 years you would get a CR-1 visa, married 2 years or more IR-1. With DCF you would head to the closest USA consulate (Calgary)and hand over all the required paperwork,then its forwarded to Montreal. Montreal conducts ALL cr-1/ir-1 interviews for Canada.

One can file the regular route as well for cr-1. Since your not in a hurry i wouldn't even think about the k3 route.

[Reba 2]

read it again Scotty...he's the Canuck, she's the USC and she's only in Canada as a visitor, not permanent status. DCF not available.

CR1 would be your best bet really. Its taking about the same time as K3, but it costs less and is the better visa in the long run.

Your wife will likely have to leave Canada before you have your visa though, to set up house, get a job so that she can have proof of income and abode for the affidavit of support.

[Flames9_RN 358]

sorry not enough coffee,lol Being that your in Alberta, Vancouver consulate handles K3 visas, and that consulate tends to be much quicker. But u stated quickness wasnt important, and the cr-1 isnt that much slower, and it is the better visa, and even costs less I believe!! best of lcuk

[~Laura and Nick~ 5]

I also missed the wife aspect of the post!!

File for a CR1

Best of luck!!!

[trailmix 77]

read it again Scotty...he's the Canuck, she's the USC and she's only in Canada as a visitor, not permanent status. DCF not available.

CR1 would be your best bet really. Its taking about the same time as K3, but it costs less and is the better visa in the long run.

Your wife will likely have to leave Canada before you have your visa though, to set up house, get a job so that she can have proof of income and abode for the affidavit of support.

Welcome to the Canada forum.

Actually you won't need to leave Canada. I am the duel citizen and my Husband is the immigrant and we did the whole thing while living in Canada (in fact I had never lived in the U.S.).

I'm sure you are overcome with information at this point, if you have been reading the guides and the paperwork - but basically you will need to prove 'domicile' in the U.S. and there are ways to do that without actually having to live there.

As for the income, you will either need to have assets, U.S. income, or income from Canada that will continue once you are in the U.S. - but that's jumping ahead a bit. Once you have read the guides i'm sure you will have questions - and we are happy to help!

And yes, as everyone has already mentioned, the CR1/IR1 is the better visa.

Edited July 25, 2008 by trailmix

[jonesg111 0]

Thanks guys for all the answers!

We are planning on using her parents for the affidavit of support since that is what our friends did.

I have been reading all the guides about the different visas and I do have some "practical" questions about what you can file together and what has to wait for a "receipt".

Also, with the CR-1 can you return to Canada and not be considered as abandoning your petition?

Thanks again!

[trailmix 77]

Thanks guys for all the answers!

We are planning on using her parents for the affidavit of support since that is what our friends did.

I have been reading all the guides about the different visas and I do have some "practical" questions about what you can file together and what has to wait for a "receipt".

Also, with the CR-1 can you return to Canada and not be considered as abandoning your petition?

Thanks again!

Sorry, i'm a bit confused? You would be filing the CR1 from within Canada - therefore I don't understand where the 'return to Canada' part comes in?

Do you mean AFTER she has been granted the CR1 visa, if she/you return to live in Canada?

[jonesg111 0]

Thanks guys for all the answers!

We are planning on using her parents for the affidavit of support since that is what our friends did.

I have been reading all the guides about the different visas and I do have some "practical" questions about what you can file together and what has to wait for a "receipt".

Also, with the CR-1 can you return to Canada and not be considered as abandoning your petition?

Thanks again!

Sorry, i'm a bit confused? You would be filing the CR1 from within Canada - therefore I don't understand where the 'return to Canada' part comes in?

Do you mean AFTER she has been granted the CR1 visa, if she/you return to live in Canada?

No, what I'm talking about is after I get the CR1 visa and we're living in the US and lets say a family member dies or we just want to visit. Can I go back to Canada and not have a problem re-entering the US.

Yes, we would be filing from within Canada, and then moving once the papers came through.

Than ks

[Flames9_RN 358]

a cr-1 is a MULTIPLE entry visa, so your good to go. oce you get ur interview in Montreal they wil lmail the visa to you (its in your canadian passport,it takes up 1 page) You goto a USA port of EntrY (POE) and it will be "activated" A poe can be on land or at the airport, doesnt matter! With a CR-1, since it is a multiple entry, you could immediately turn around and head back to canada if u wish or at any time!!! A single entry visa such as the K1 (fiance visa) is a ONE time entry, so they are stuck in the USa until AP or finish AOS, but thats not ur problem. As wll with a CR-1 you can immediately work in the USA

http://www.visajourney.com/forums/index.ph...mp;page=compare shows the plus's and negatives of each visa!!

approx one month after u activatd ur cr-1, you will get the "greencard" inthe mail, looks like ur drivers license! Until that time the stamp in ur passport acts as ur greencard!!

Edited July 25, 2008 by flames9

[Reba 2]

Actually you won't need to leave Canada. I am the duel citizen and my Husband is the immigrant and we did the whole thing while living in Canada (in fact I had never lived in the U.S.).

I'm sure you are overcome with information at this point, if you have been reading the guides and the paperwork - but basically you will need to prove 'domicile' in the U.S. and there are ways to do that without actually having to live there.

As for the income, you will either need to have assets, U.S. income, or income from Canada that will continue once you are in the U.S. - but that's jumping ahead a bit. Once you have read the guides i'm sure you will have questions - and we are happy to help!

And yes, as everyone has already mentioned, the CR1/IR1 is the better visa.

neither of them is dual though, she's only in Canada as a visitor, and as a USC visitor to Canada, she's only allowed to stay 6 months per year (same as Canadians visiting the US). So yeah, unless she can extend her stay in Canada, she'll have to go back to the US anyhow and wait out the rest of the process.

As for leaving the US after you've moved there with your CR1, you can come and go as you please pretty much. Just don't stay out of the country longer than 6 months. If you plan to be gone 6 months or more, you'll need to get a re-entry permit before you leave. If you're just going for a few days or couple of weeks, you're fine.

[trailmix 77]

Actually you won't need to leave Canada. I am the duel citizen and my Husband is the immigrant and we did the whole thing while living in Canada (in fact I had never lived in the U.S.).

I'm sure you are overcome with information at this point, if you have been reading the guides and the paperwork - but basically you will need to prove 'domicile' in the U.S. and there are ways to do that without actually having to live there.

As for the income, you will either need to have assets, U.S. income, or income from Canada that will continue once you are in the U.S. - but that's jumping ahead a bit. Once you have read the guides i'm sure you will have questions - and we are happy to help!

And yes, as everyone has already mentioned, the CR1/IR1 is the better visa.

neither of them is dual though, she's only in Canada as a visitor, and as a USC visitor to Canada, she's only allowed to stay 6 months per year (same as Canadians visiting the US). So yeah, unless she can extend her stay in Canada, she'll have to go back to the US anyhow and wait out the rest of the process.

As for leaving the US after you've moved there with your CR1, you can come and go as you please pretty much. Just don't stay out of the country longer than 6 months. If you plan to be gone 6 months or more, you'll need to get a re-entry permit before you leave. If you're just going for a few days or couple of weeks, you're fine.

Yes, I agree - but I wasn't replying to his wifes legal status issue (I figure they will figure that out themselves )

I was replying to your stating: "Your wife will likely have to leave Canada before you have your visa though, to set up house, get a job so that she can have proof of income and abode for the affidavit of support".

I just wanted to mention this again so the OP will know that she would not have to leave Canada (in general) to prove domicile, or for the affidavit of support if they have a co-sponsor or assets.

Edited July 26, 2008 by trailmix

[jonesg111 0]

Actually you won't need to leave Canada. I am the duel citizen and my Husband is the immigrant and we did the whole thing while living in Canada (in fact I had never lived in the U.S.).

I'm sure you are overcome with information at this point, if you have been reading the guides and the paperwork - but basically you will need to prove 'domicile' in the U.S. and there are ways to do that without actually having to live there.

As for the income, you will either need to have assets, U.S. income, or income from Canada that will continue once you are in the U.S. - but that's jumping ahead a bit. Once you have read the guides i'm sure you will have questions - and we are happy to help!

And yes, as everyone has already mentioned, the CR1/IR1 is the better visa.

neither of them is dual though, she's only in Canada as a visitor, and as a USC visitor to Canada, she's only allowed to stay 6 months per year (same as Canadians visiting the US). So yeah, unless she can extend her stay in Canada, she'll have to go back to the US anyhow and wait out the rest of the process.

As for leaving the US after you've moved there with your CR1, you can come and go as you please pretty much. Just don't stay out of the country longer than 6 months. If you plan to be gone 6 months or more, you'll need to get a re-entry permit before you leave. If you're just going for a few days or couple of weeks, you're fine.

Actually we have a one year visitor's visa for my wife, and as long as we're "in the process" of getting her landed immigrant status here they will extend that visa when it gets close to expiring.

So what we plan on doing is starting the CR1 paperwork shortly and then also making sure that we are "in the process" for her paperwork here so that we can stay together until the CR1 is completed and we move "down south"