Assistance needed

[moni_calla 0]

Assistance needed?

I am a Canadian Citizen and I have two children with a US citizen; we are not married yet. I want to file the birth abroad but not sure if we should get married first then file or does it make a difference? If we wait to get married then file will I have to include them on the K3?

[YuAndDan 153]

Save yourself a ton of $$ and file the birth abroad, the children will be dual citizens and will not need to immigrate to the USA, they will simply use their US passports to enter the USA.

Also consider carefully the K-3, K-3 was a visa type developed at a time when it was taking a very long time for USCIS to approve I-130 petitions, the K-3 allowed the prospective immigrant to enter the USA and wait for the I-130 approval so that they could adjust status or continue with the CR-1 process and interview for a spousal visa, lately USCIS has been tying the I-129F and I-130 together and approving them both at same time, essentially negating the reason for the K-3.

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

Adjustment Of Status: $1010 I-485

($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.

[moni_calla 0]

Save yourself a ton of $$ and file the birth abroad, the children will be dual citizens and will not need to immigrate to the USA, they will simply use their US passports to enter the USA.

Also consider carefully the K-3, K-3 was a visa type developed at a time when it was taking a very long time for USCIS to approve I-130 petitions, the K-3 allowed the prospective immigrant to enter the USA and wait for the I-130 approval so that they could adjust status or continue with the CR-1 process and interview for a spousal visa, lately USCIS has been tying the I-129F and I-130 together and approving them both at same time, essentially negating the reason for the K-3.

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

Adjustment Of Status: $1010 I-485

($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.

OMG Thank you so much so I will file birth abroad, does it matter of their ages because they are now two and three yrs old and does it matter that we are not married??

That is also great at least now i know once we are married we can do the cr1 and i can get my green card as soon as i enter.

[YuAndDan 153]

OMG Thank you so much so I will file birth abroad, does it matter of their ages because they are now two and three yrs old and does it matter that we are not married??

That is also great at least now i know once we are married we can do the cr1 and i can get my green card as soon as i enter.

Birth abroad, start here. http://travel.state.gov/law/info/overseas/overseas_703.html

Marriage is NOT a requirement to register the birth, and 2 and 3 are not too old for this either.

More: http://www.consular.canada.usembassy.gov/birth_abroad.asp

[moni_calla 0]

OMG Thank you so much so I will file birth abroad, does it matter of their ages because they are now two and three yrs old and does it matter that we are not married??

That is also great at least now i know once we are married we can do the cr1 and i can get my green card as soon as i enter.

Birth abroad, start here. http://travel.state.gov/law/info/overseas/overseas_703.html

Marriage is NOT a requirement to register the birth, and 2 and 3 are not too old for this either.

More: http://www.consular.canada.usembassy.gov/birth_abroad.asp

Ok so my fiance is leaving for the states tonight when he gets back we will go to the Consulate in Toronto to fill out the necessary forms!!!! I am so relieved!!!!!

[Frenchwife 1]

if your fiance lives in canada he might be able to do direct consular filing.

if you are not married, you may file K1 that seems quite quicker than I130 or K3

K3 does not seems a good deal in term of speed

is an additional form and nothing guarantees that it will be quicker

if you file I130 directly to lockbox, depending on your us address you will be processed by the california or the vermont service center. Vsc is currently very slow versus California for I130, K1 and K3

better have an address qualifying for california.

[Frenchwife 1]

about your kids, I think you noticed now your husband has to do the requests.

my husband did it for our son born in France.

YuandDan gave you good info, links

you can start gathering documents...

your husband also while in the states might get some , like several certifiied certificate of birth etc... useful for the other requests, see instructions for I130

[YuAndDan 153]

if your fiance lives in canada he might be able to do direct consular filing.

if you are not married, you may file K1 that seems quite quicker than I130 or K3

K3 does not seems a good deal in term of speed

is an additional form and nothing guarantees that it will be quicker

if you file I130 directly to lockbox, depending on your us address you will be processed by the california or the vermont service center. Vsc is currently very slow versus California for I130, K1 and K3

better have an address qualifying for california.

Keep in mind K-1 like K-3 has the added expense of Adjustment of status, and costs $100 more ($455 for I-129F) vs $355 for the I-130 for K-3 and much more than CR-1 when factoring in adjustment of status, also K-1 cannot take a job either like K-3 and needed to wait for Green-card, or EAD to work.

[moni_calla 0]

I want to go the cheaper route which would be I130 waiting will be ok as long as we can still visit each other. DCF is not an option he is not a PR in Canada. The kids were born in Canada but I understand you can file w consulate in country where children were born, right? and how many copies of long form BC i only have one the law states you can only have one of each, are you referring to photocopies? if not who would i get them certified by?

[YuAndDan 153]

I want to go the cheaper route which would be I130 waiting will be ok as long as we can still visit each other. DCF is not an option he is not a PR in Canada. The kids were born in Canada but I understand you can file w consulate in country where children were born, right? and how many copies of long form BC i only have one the law states you can only have one of each, are you referring to photocopies? if not who would i get them certified by?

Photo copies should be fine, take the copies along with originals with you to the consulate when you register the birth abroad, they should attach the copies to the application and may want to look at the originals to confirm that the copies are true and accurate copies.

[Dakine 26]

This thread should be pinned as it has the best advice and most accurate advise regarding the different visas I've seen lately.

[Frenchwife 1]

i130 is probably the cheapest

from canada I think you can visit as long as immigration officers don t get doubt you are willing to stay over

having proof of employment or ownership in case they start asking is good

else just go through normally

I have been through 3 times from france (part of the visa waiver program) since I applied

documents your husband could gather could be for I130

for your kids

yes consulate in canada is good place

Edited May 6, 2009 by Frenchwife