Jump to content
Sign in to follow this  
maisflocon

I-130 petition for wife

8 posts in this topic

Recommended Posts

Filed: Timeline

Hi, all

I am very happy to have found this site. Right now I am preparing to file for I-130 for my wife.

I got my US citizenship this year, right now my wife and I are residing in

Canada as Canadian permanent residents.

My goal is to be with my wife as much as possible and get her to states as soon

as possible so we can settle down and reduce our expenses (such as rent in two

countries)

I am unsure of how to proceed further:

1) Should I do a direct consular filing or file the I-130 within the US?

2) Should I file for a K-3 for her? Is that the fastest way to get her to the US

or there is another way?

3) I read on the Department of State website that "The embassy or consulate

where you, the spouse of an American citizen, will apply for a K-3 visa must be in the

country where your marriage took place." We are both from different countries, and it would

be a lot of hassles for me to apply at the country where we married (my country of origin).

Is K-3 out of the question then?

Please advice. Thanks.

Share this post


Link to post
Share on other sites
Filed: AOS (apr) Country: Philippines
Timeline
Hi, all

I am very happy to have found this site. Right now I am preparing to file for I-130 for my wife.

I got my US citizenship this year, right now my wife and I are residing in

Canada as Canadian permanent residents.

My goal is to be with my wife as much as possible and get her to states as soon

as possible so we can settle down and reduce our expenses (such as rent in two

countries)

I am unsure of how to proceed further:

1) Should I do a direct consular filing or file the I-130 within the US?

2) Should I file for a K-3 for her? Is that the fastest way to get her to the US

or there is another way?

3) I read on the Department of State website that "The embassy or consulate

where you, the spouse of an American citizen, will apply for a K-3 visa must be in the

country where your marriage took place." We are both from different countries, and it would

be a lot of hassles for me to apply at the country where we married (my country of origin).

Is K-3 out of the question then?

Please advice. Thanks.

If you are a legal resident of Canada for at least the past 6 months, you may qualify to submit the I-130 petition directly to the consulate and avoid the stateside USCIS process...


YMMV

Share this post


Link to post
Share on other sites
Filed: Citizen (apr) Country: China
Timeline

1) DCF if possible, requires 6 months residency in foreign country, but is is the quickest method of getting a CR-1 visa.

2) K-3 cannot be filed for through DCF. Note for Canada K-3 may save you a month if processing I-130 through USCIS service center in the states, but K-3 will COST you in time and $$ after entry to the USA, K-3 is NOT work auth so cannot work, get SSN or even apply for a Drivers license, until they have EAD or a green-card. EAD can take 90 days or more to get.

CR-1 get green-card upon entry to the USA and is work authorized.

3) K-3 can be interviewed for either at consulate in country of residence or country of marriage. CR-1 needs to interview in contry of residence.

Again if considering K-3 think carefully about it. CR-1 and K-3 tend to take about the same time, K-3 may save you about a month, however the K-3 has the added pain of adjustment of status, and it NOT a work authorized visa, so also has the added period of limbo waiting for EAD to be able to do things like take a job, get SSN, etc...

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.


OUR TIME LINE Please do a timeline it helps us all, thanks.

Is now a US Citizen immigration completed Jan 12, 2012.

1428954228.1592.1755425389.png

CHIN0001_zps9c01d045.gifCHIN0100_zps02549215.gifTAIW0001_zps9a9075f1.gifVIET0001_zps0a49d4a7.gif

Look here: A Candle for Love and China Family Visa Forums for Chinese/American relationship,

Visa issues, and lots of info about the Guangzhou and Hong Kong consulate.

Share this post


Link to post
Share on other sites
Filed: Timeline

Thank you for your useful info, I am very impressed (as I have not gotten info like this before).

We have only been in Canada as permanent residents for 2+ weeks, so we don't meet the 6-month requirements. Prior to this, we did stay in Canada on temporary residents visa (work visa) for about 2 years up 'til 3 months ago.

Does the residence requirement include only permanent residents?

Share this post


Link to post
Share on other sites
Filed: Other Timeline

And if you are not currently residing in Canada, you may even lose your LPR status. Being a permanent resident kinda requires that one actually be resident.


divorced - April 2010 moved back to Ontario May 2010 and surrendered green card

PLEASE DO NOT PRIVATE MESSAGE ME OR EMAIL ME. I HAVE NO IDEA ABOUT CURRENT US IMMIGRATION PROCEDURES!!!!!

Share this post


Link to post
Share on other sites
Filed: Citizen (apr) Country: China
Timeline
Thank you for your useful info, I am very impressed (as I have not gotten info like this before).

We have only been in Canada as permanent residents for 2+ weeks, so we don't meet the 6-month requirements. Prior to this, we did stay in Canada on temporary residents visa (work visa) for about 2 years up 'til 3 months ago.

Does the residence requirement include only permanent residents?

If you did not have a break between permanent and prior temp residence then perhaps this may satisfy the consulate for DCF filing.

OUR TIME LINE Please do a timeline it helps us all, thanks.

Is now a US Citizen immigration completed Jan 12, 2012.

1428954228.1592.1755425389.png

CHIN0001_zps9c01d045.gifCHIN0100_zps02549215.gifTAIW0001_zps9a9075f1.gifVIET0001_zps0a49d4a7.gif

Look here: A Candle for Love and China Family Visa Forums for Chinese/American relationship,

Visa issues, and lots of info about the Guangzhou and Hong Kong consulate.

Share this post


Link to post
Share on other sites
Filed: Timeline
Thank you for your useful info, I am very impressed (as I have not gotten info like this before).

We have only been in Canada as permanent residents for 2+ weeks, so we don't meet the 6-month requirements. Prior to this, we did stay in Canada on temporary residents visa (work visa) for about 2 years up 'til 3 months ago.

Does the residence requirement include only permanent residents?

If you did not have a break between permanent and prior temp residence then perhaps this may satisfy the consulate for DCF filing.

There was a break between temp and permanent residence. Should we consult US Consulate in Canada about this requirement? Does that mean our only option is to file the I-130 within the states? Please advice.

Share this post


Link to post
Share on other sites
Filed: Other Country: China
Timeline
Thank you for your useful info, I am very impressed (as I have not gotten info like this before).

We have only been in Canada as permanent residents for 2+ weeks, so we don't meet the 6-month requirements. Prior to this, we did stay in Canada on temporary residents visa (work visa) for about 2 years up 'til 3 months ago.

Does the residence requirement include only permanent residents?

If you did not have a break between permanent and prior temp residence then perhaps this may satisfy the consulate for DCF filing.

There was a break between temp and permanent residence. Should we consult US Consulate in Canada about this requirement? Does that mean our only option is to file the I-130 within the states? Please advice.

Yes, confirm with the Consulate whether you qualify to file directly. If not, you file through the Chicago lockbox and the case is forwarded to the appropriate service center. If your Consulate would be Vancouver for a K3, there is indeed a significant time savings to go that route. For Montreal, no real time advantage.


Facts are cheap...knowing how to use them is precious...
Understanding the big picture is priceless. Anonymous

Google Who is Pushbrk?

A Warning to Green Card Holders About Voting

http://www.visajourney.com/forums/topic/606646-a-warning-to-green-card-holders-about-voting/

Share this post


Link to post
Share on other sites
 
Didn't find the answer you were looking for? Ask our VJ Immigration Lawyers.

Create an account or sign in to comment

You need to be a member in order to leave a comment

Create an account

Sign up for a new account in our community. It's easy!

Register a new account

Sign in

Already have an account? Sign in here.

Sign In Now
Sign in to follow this  
- Back to Top -


Important Disclaimer: Please read carefully the Visajourney.com Terms of Service. If you do not agree to the Terms of Service you should not access or view any page (including this page) on VisaJourney.com. Answers and comments provided on Visajourney.com Forums are general information, and are not intended to substitute for informed professional medical, psychiatric, psychological, tax, legal, investment, accounting, or other professional advice. Visajourney.com does not endorse, and expressly disclaims liability for any product, manufacturer, distributor, service or service provider mentioned or any opinion expressed in answers or comments. VisaJourney.com does not condone immigration fraud in any way, shape or manner. VisaJourney.com recommends that if any member or user knows directly of someone involved in fraudulent or illegal activity, that they report such activity directly to the Department of Homeland Security, Immigration and Customs Enforcement. You can contact ICE via email at Immigration.Reply@dhs.gov or you can telephone ICE at 1-866-347-2423. All reported threads/posts containing reference to immigration fraud or illegal activities will be removed from this board. If you feel that you have found inappropriate content, please let us know by contacting us here with a url link to that content. Thank you.
×
×
  • Create New...