Opinions Wanted

[Wyatt's Torch 45]

I have to admit, I'm feeling sick right now. I only just realized tonight that CR1 / IR1 visas are dealt with through Montreal alone. My wife and I were optimistic that I'd be down there this calendar year, based on the timelines at the Vancouver Consulate.

But now that it's clear that I'll have to fly to Montreal for an interview...and interview that may be several months away...I wonder if we should refile our K3 paperwork. Our K3 was initially rejected at the time of filing because the I-130 had already been approved. But do you think it would make things faster if we tried going back to the K3 route?

I'm incredibly dejected by this revelation. Any thoughts would be helpful.

[Danu 19]

I have to admit, I'm feeling sick right now. I only just realized tonight that CR1 / IR1 visas are dealt with through Montreal alone. My wife and I were optimistic that I'd be down there this calendar year, based on the timelines at the Vancouver Consulate.

But now that it's clear that I'll have to fly to Montreal for an interview...and interview that may be several months away...I wonder if we should refile our K3 paperwork. Our K3 was initially rejected at the time of filing because the I-130 had already been approved. But do you think it would make things faster if we tried going back to the K3 route?

I'm incredibly dejected by this revelation. Any thoughts would be helpful.

I'm going to say no, because neither one will get you there this year, and refiling with the K3 and pulling the 130 will only make you start over your waiting. If the 130 has been approved you might as well wait that out, plus it will let you work once you get down there. If the 130 hadn't already been approved or the k3 denied then I would say its a fair gamble but starting over still won't get you down there this year with these processing times. You will probably be looking close to 5 months no matter which way you do it and the CR/IR1's are better in that you dont have to do the adjustment.

Edited October 15, 2009 by Danu

[MrsCat 6]

I'm going to say no, because neither one will get you there this year, and refiling with the K3 and pulling the 130 will only make you start over your waiting. If the 130 has been approved you might as well wait that out, plus it will let you work once you get down there. If the 130 hadn't already been approved or the k3 denied then I would say its a fair gamble but starting over still won't get you down there this year with these processing times. You will probably be looking close to 5 months no matter which way you do it and the CR/IR1's are better in that you dont have to do the adjustment.

x2

[Wyatt's Torch 45]

Thanks for that.

Now another related question. Given that my I-130 is approved, and assuming that everything goes fine with the NVC portion, is there any way at all for me to be granted work authorization -- temporary or otherwise -- in the U.S.?

[trailmix 77]

I agree. I understand that to you the whole CR1/IR1 is a better visa talk is just that - talk and that you aren't really interested in waiting additional time so that you don't have to do an adjustment of status.

However, what has been stated by Danu is true - I don't think the I-129 is going to get you there much faster at this point. You are at the NVC stage, if you stay completely on top of it you can get through there in 2 weeks or so. With current wait times at Montreal you are looking at about 6 months from today.

To answer your question about work - unfortunately no.

Edited October 15, 2009 by trailmix

[Wyatt's Torch 45]

Yes, my gut tells me to stick with the I-130, and just swallow the fact that it will be longer than I had thought. I was just so stunned tonight to learn that the Vancouver Consulate doesn't process that a CR-1 visa. It completely floored me. I'd been feeling so optimistic after the quick turnaround of the I-130, and WHAM...the realization that there are still many months to go.

Trust me -- I know that my timeline is mild compared to many others here. Doesn't change the personal impact for me though.

I don't regret doing it the CR-1 way. I just wish I'd known that the interview would be in Montreal and that they're incredibly backlogged. It would have at least put me in the right frame of mind.

[MrsCat 6]

^ sorry.

[Danu 19]

Yes, my gut tells me to stick with the I-130, and just swallow the fact that it will be longer than I had thought. I was just so stunned tonight to learn that the Vancouver Consulate doesn't process that a CR-1 visa. It completely floored me. I'd been feeling so optimistic after the quick turnaround of the I-130, and WHAM...the realization that there are still many months to go.

Trust me -- I know that my timeline is mild compared to many others here. Doesn't change the personal impact for me though.

I don't regret doing it the CR-1 way. I just wish I'd known that the interview would be in Montreal and that they're incredibly backlogged. It would have at least put me in the right frame of mind.

Aww, we definately understand. The wait, no matter where you are in it, sucks big fat....you get the picture. Hopefully they will speed things up a bit. It would be nice if VAN did them as well thats for sure, take some pressure off MTL at the same time and make it so you guys don't have to fly all the way out here for a 2 hour interview process. Definately take trail's advice and make sure you have everything ready to go for NVC as quickly as possible so that you get in line for an interview too! Best of wishes on your journey!

[coldwatersurf 5]

I took the K3 process mainly b/c my job in canada was stressful & hated my boss.lol. I'm glad I took the K3 Visa way b/c i was free of work related stress but didnt take me away from immigration stress. lol. it was a long hard 3 - 4 months wait to get my EAD and it took me 2 months to find a job. A part of me wanted to go take the I-130 process b/c it was a lot easier route and probably saved me money and I would have had more savings in my account if I was only patient.

But, since your K3 was rejected, you might as well go with I-130. I think it would be less stress for you (paperwork-wise). you wouldnt have to go through the whole EAD/AOS/and all of that bunch of paperwork filing. Just be patient cuz a little more time away from your spouse will be a lot less work for you in the future.

Keep in mind, other ppl have been going through this over a year. (i met a bunch of others from my medical exam that were still waiting for 8 months to over a year!) 6 months will feel like a year. but once I moved, I realized i was overreacting. lol

[Carlawarla 1]

Thanks for that.

Now another related question. Given that my I-130 is approved, and assuming that everything goes fine with the NVC portion, is there any way at all for me to be granted work authorization -- temporary or otherwise -- in the U.S.?

Sorry you just found out this news. May you have a speedy interview date nonetheless.

[Wyatt's Torch 45]

Well, we got our NVC case number this morning, so at least that part of it is progressing.

My wife has been very encouraging since the major dejection I hit last night. She had actually expected some sort of delay like this. I suppose my optimism was a bit too dynamic. All I can do is hope that someone pours a bit of bureaucratic Drano into the Montreal consulate to remove the clog...

Fingers crossed!