HELP!!! K1 or Permanent resident???

[dyoon7979 0]

Dear members,

I need some HELP!!!

I am male (US Citizen) and my fiancee female (Cananda Citizen) is trying to figure out what is the best way for us to be together. I currently reside in Chicago IL USA and she is in Vancouver BC. We have been together for about a year now.

About two month ago she came to united states to be together on my birthday and holiday. US custom gave her such a hard time at Vancouver airport. she was held at the custom for over 4 hours and she ended up missing the flight. Her plan was to visit US for 2 months and they wouldn't allow her to stay that long. They accused her from not returning to Canada.

They told her that she must return to Canada within a month. So she stayed for a month and she has returned back home to Vancouver. We both figure it will look good on her record since she has returned to Canada on time.

after staying in Vancouver for about a month, she has recently tried to come back to United States for Christmas and new year. and once again she was pulled to custom and was held of over 5 hours this time. And they would not let her go. They accused her saying " you will not come back. you don't own a house, or you don't work" so you are not going to come back to Canada. They told her that only way for her to visit United States is that she will need to either have to own a house in Vacouver, have a job, or get a Visa. but she is not banned since she did not violate any law.

is this possible for US custom to do that to her??

is there anyway for her to come visit me in the US??

and second question that I have is this...

1. is it faster to get married in Canada and file for permanent resident? attorney told me that process doesnt take that long if we file for permanent resident outside of US. he said it is cheaper and faster. is this true?

2. or is it faster to file for K-1 visa?

Our goal is to reside in US.

Any information will be greatly appreciated. Thank you so much

[payxibka 10,044]

is this possible for US custom to do that to her??

is there anyway for her to come visit me in the US??

and second question that I have is this...

1. is it faster to get married in Canada and file for permanent resident? attorney told me that process doesnt take that long if we file for permanent resident outside of US. he said it is cheaper and faster. is this true?

2. or is it faster to file for K-1 visa?

Our goal is to reside in US.

Any information will be greatly appreciated. Thank you so much

a. yes the border officers can do that

b. probably not

c. faster only if you reside in Canada yourself for 6 mos. The ability to direct file outside the US change about 1.5 years ago... time for your atorney to get up to speed.

d. in your situation, K-1 is probably fastest particularly if you can use the Vancouver consulate.. (Montreal is very slow)

[dyoon7979 0]

Thank you so much for the info. Would they use Vancouver since she reside in Vancouver? or is it possible that the file can process in Montreal?

Any information will be greatly appreciated. Thank you so much

a. yes the border officers can do that

b. probably not

c. faster only if you reside in Canada yourself for 6 mos. The ability to direct file outside the US change about 1.5 years ago... time for your atorney to get up to speed.

d. in your situation, K-1 is probably fastest particularly if you can use the Vancouver consulate.. (Montreal is very slow)

[Chris & Mara 0]

Customs can do what ever they want sadly, they treat us like rubbish and think they are saving the planet.

A K1 visa will take about 6 - 8 months to file for (on average), you will have to be appart whilst filing for said visa sadly, though she can try once again to get through customs whilst this is in the process.

If you wish to marry it would be a K3, it seems to take longer if you do it that way whilst living apart (you in america, her in Canada).

If you wished to do a CR1 (direct consular filing while both living together in Canada) you will have to first live together as a married couple in Canada for at least 6 months.

Hope that helps some.

[payxibka 10,044]

Thank you so much for the info. Would they use Vancouver since she reside in Vancouver? or is it possible that the file can process in Montreal?

it is all about location location location... she would be assigned to vancouver

[Chris & Mara 0]

Thank you so much for the info. Would they use Vancouver since she reside in Vancouver? or is it possible that the file can process in Montreal?

Any information will be greatly appreciated. Thank you so much

a. yes the border officers can do that

b. probably not

c. faster only if you reside in Canada yourself for 6 mos. The ability to direct file outside the US change about 1.5 years ago... time for your atorney to get up to speed.

d. in your situation, K-1 is probably fastest particularly if you can use the Vancouver consulate.. (Montreal is very slow)

Vancover and Montreal are only used for the interview process, and this may be dictated to her, the application for the K1 is processed by Vermont Service Center or California Service Center dependant on which state the USC lives in.

[dyoon7979 0]

Thank you so much for great information.

I gues the fastes way for us is to file for K1 Visa.

I have few questions on filling K1 Visa. I am US citizen and my fiancee is Canada Citizen. I am planning on filling K1 visa shortly and was told that it will take prox 3-6 months to process and 1-2 months for the interview to be scheduled.

1. Can we travel during process of K1 Visa?

My fiancee and I have to visit south Korea for wedding in May 2009. does it delay process or cancel?

do we need to be present at our own country?

2. Can I (US Citizen) visit my fiancee in Vancouver during process of K1?

Since they won't allow her to visit US, I am planning on visiting her in Vancouver.

3. Can we travel after we have been approved but waiting for Interview date?

I am worried that we have to visit Korea in May 2008 while we are waiting for the interview date.

4. do they call my fiancee to schedule interview or letter?

Edited December 11, 2008 by dyoon7979

[dyoon7979 0]

Thank you so much for the info. Would they use Vancouver since she reside in Vancouver? or is it possible that the file can process in Montreal?

Any information will be greatly appreciated. Thank you so much

a. yes the border officers can do that

b. probably not

c. faster only if you reside in Canada yourself for 6 mos. The ability to direct file outside the US change about 1.5 years ago... time for your atorney to get up to speed.

d. in your situation, K-1 is probably fastest particularly if you can use the Vancouver consulate.. (Montreal is very slow)

Vancover and Montreal are only used for the interview process, and this may be dictated to her, the application for the K1 is processed by Vermont Service Center or California Service Center dependant on which state the USC lives in.

I live in IL so it will be processed in California. is this good or bad?

[Otto 83]

I live in IL so it will be processed in California. is this good or bad?

Niether good or bad...Vermont is sometimes faster - but lately not so much difference..

[Chris & Mara 0]

Thank you so much for great information.

I gues the fastes way for us is to file for K1 Visa.

I have few questions on filling K1 Visa. I am US citizen and my fiancee is Canada Citizen. I am planning on filling K1 visa shortly and was told that it will take prox 3-6 months to process and 1-2 months for the interview to be scheduled.

1. Can we travel during process of K1 Visa? YES

My fiancee and I have to visit south Korea for wedding in May 2009. does it delay process or cancel? No

do we need to be present at our own country? No, but you do need to ensure you have the earnings to meet the poverty guidelines, so no quitting your job to backpack around Canada

2. Can I (US Citizen) visit my fiancee in Vancouver during process of K1? Yes

Since they won't allow her to visit US, I am planning on visiting her in Vancouver.

3. Can we travel after we have been approved but waiting for Interview date? You can both travel before she has her visa, however once she enters the US on a K1 she cannot leave till she recieves her Greencard or if she recieves Advanced Parol (which you must apply for)

I am worried that we have to visit Korea in May 2008 while we are waiting for the interview date.

4. do they call my fiancee to schedule interview or letter? It comes with packet 4 in letter format, when she sends back packet 3 she can however nominate a rough time to have said interview.

[YuAndDan 153]

Thank you so much for great information.

I gues the fastes way for us is to file for K1 Visa.

I have few questions on filling K1 Visa. I am US citizen and my fiancee is Canada Citizen. I am planning on filling K1 visa shortly and was told that it will take prox 3-6 months to process and 1-2 months for the interview to be scheduled.

1. Can we travel during process of K1 Visa?

My fiancee and I have to visit south Korea for wedding in May 2009. does it delay process or cancel?

do we need to be present at our own country?

2. Can I (US Citizen) visit my fiancee in Vancouver during process of K1?

Since they won't allow her to visit US, I am planning on visiting her in Vancouver.

3. Can we travel after we have been approved but waiting for Interview date?

I am worried that we have to visit Korea in May 2008 while we are waiting for the interview date.

4. do they call my fiancee to schedule interview or letter?

Thank you so much for the info. Would they use Vancouver since she reside in Vancouver? or is it possible that the file can process in Montreal?

Any information will be greatly appreciated. Thank you so much

a. yes the border officers can do that

b. probably not

c. faster only if you reside in Canada yourself for 6 mos. The ability to direct file outside the US change about 1.5 years ago... time for your atorney to get up to speed.

d. in your situation, K-1 is probably fastest particularly if you can use the Vancouver consulate.. (Montreal is very slow)

Vancover and Montreal are only used for the interview process, and this may be dictated to her, the application for the K1 is processed by Vermont Service Center or California Service Center dependant on which state the USC lives in.

I live in IL so I think it will be process under California center. is this good or bad?

CSC is better than VSC lately.

K-1 tends to be the quickest (I-129F). CR-1 or K-3 are the other options that require marriage first before filing the I-130 petition.

CR-1 has the biggest benefit instant green-card giving work authorization upon entry to the USA.

K-1 and K-3 are the more expensive option due to requiring Adjustment of Status to get green-card.

Determine your priorities, Speed (K-1), amount of paperwork (CR-1 NO AOS, and NO I-129F), or employment options (CR-1 with it's instant green-card), cost (CR-1)

Compare timelines.

For the most part CR-1 tends to take a bit longer than K-3 to get if you prepare for NVC when they request I-864 fee, and Visa fee, as well as documents requested by NVC. In many cases the CR-1 petition reaches the consulate just before K-3 interview, which causes K-3 to get dropped and the interview becomes a CR-1 visa interview.

K-3:

I-130: $355

I-129F: NONE

Consulate: $131

AOS: $1010

($1496)

CR-1

I-130: $355

NVC I-864: $70

NVC Visa fee: $400 ($355+$45)

($825)

I see many posts from K-3 holders stating, "Wow this sucks, I am stuck at home because I don't have EAD, DL, etc, or I am having hard time getting added to bank accounts because of NO SSN." K-3 has a 90 day or longer period of limbo while waiting for EAD or Green-card.

K-3 was developed at a time when CR-1 was taking much longer that today, NVC has greatly streamlined the CR-1 process to the point where K-3 becomes irrelevant.

[dyoon7979 0]

Members,

Thank you again for great information. This is my first time and I am so confused and worried.

I have reviewed the step by step processing instruction on K1 visa on Visajourney.com

I did pring all documents and has been completed.

But i am still confused on the process after sending the file the file to USCIS.

Can someone please explain step by step process once i mail out the package?

I have completed the following:

Payment of $455

I-129F form

G352A (David)

G352A (Jacklyn)

US passport and Ceritfication of citizenship (David)

Letter certifying intent to marry ( David & Jacklyn)

Proof of having met in person

I have all these documents ready. I am planning on mailling this package out on Monday...

did I miss anything?

what happens after they receive the package? what do i need to look out for?

what is NOA1?

[Mononoke28 134]

Before deciding on what visa to pursue, I recommend highly that you do more research on the CR1 visa. The reason for that is that in most cases, they can take just as long to be processed (the CR1 may take a 1-2 months longer) but I've seen that Canada processes CR1s at a different rate.

CR1 visas are much better and less expensive than K1s and K3s because you won't have to file for AOS and she can get her green card in the mail a few weeks after she enters the US.

Diana

[payxibka 10,044]

guides are your friend

http://www.visajourney.com/forums/index.ph...amp;page=k1flow

[KimandRuss 0]

Even if you filed today, by today's timelines you would still be nowhere near your interview by May. Anything can happen with this process tho.

Do read the K-1 GUIDE here on VJ (at the top) and go down the checklist. You can use the example forms to fill out the paperwork and the search option to help answer any of your questions. It looks daunting when you first get started...but we all made it through. In fact, Russell was denied entry as well....not fun.

You have alredy found the best resource to get you through this and together... so you're on you way!

Welcome.