Pease help me!! Need to file yesterday!

[Inky 1,110]

If you file a K-1 the USCIS time is 5-6 month for a petition approval. You then have another 2-4 months(for Vancouver embassy) for NVC and Embassy/interview.

If you file a CR-1 look at 1 year or longer.

There is no fast way, you will not get back there quickly together.

[Barbara J 115]

Hello! I am so so confused and could really use some help before I send in my K1 form. My fiance is a Canadian citizen and I am a US citizen. We met in the US and fell in love and I moved up here to Canada 6 months ago on a non-renewable work permit. I am currently working and have a new work permit being processed right now. Chances are that the labour market opinion will come back negative because of the recession and I will need to go down to the US and then come back up here as a visitor. My fiance has a contract to work here until June and we are both dying to move down to the States as soon as possible after June 1st. We decided that K1 is probably the best way to go because we need to stay here and save up money for our move until summer. Obviously we are trying to find the cheapest, fastest way for my fiance to enter the US and be able to work ASAP. Is K1 the best way to go? It seems to make the most sense since we would like to get married sometime this summer and we are stuck up here until at least June trying to save up money. Some people are telling me that K1 takes 4-6 months, other sources are saying 8 months. I do not want to stay here until September and I don't want to go back home without my fiance! What is the best option for us?? Would the K1 process be quicker for us since we are in Canada and not overseas? Would it be better to marry now in Canada or in the US? Please help us!!

I think if you read the guides properly then you will understand better. Everyone here is trying to tell you that for you to apply for a K1 visa for your fiance you need to have permanent residence here in the US. You can't apply and stay in Canada and hope to come back here together.(to where) On form 129f it clearly states where the fiance will reside and if you don't have an address for that then no way Jose. We all have had to be apart from our patners for periods of time through this process so you are not the only one that will and has gone through that. It's what makes us stronger.

If he has a job there now great and is saving great as you will need the money for after the marriage and applying for AOS $1070. If you are working there

now cool but you should seriously think about coming home and getting a job and a permanent place of residence. If you only live a few hours away from him now it does not mean you can't visit while the petition is being processed.

Edited February 3, 2011 by Barbara J

[Fandango 1,439]

I hate to sound brash, but you need to readjust your demands. There is no way he can immigrate while staying up there, no separation, be here by June, no US domicile, you not meeting the financial reqs (sounds to me like you haven't been filing taxes while up there), and you living as a tourist in Canada. As nice as it would be, it's not possible.

Please read the guides and familiarize yourself with the process fully. While the process is pretty straightforward most of the time (imo), there are many issues to resolve overall: meeting the financial requirements for approval or finding a cosponsor (pretty big thing to ask of anyone), where to live, how will you support your new immigrant husband if he doesn't have work authorization, you getting settled back in America, etc.

You should hold off on filing until you have some sort of plan in place, and have familiarized yourself with all the different options available.

Best of luck.

[Fandango 1,439]

What if we just went down to the US, got married and then came back up here to wait? Would that be a better option? Now I am very confused about whether to do K1 or to get married and apply the other way. We spoke to a lawyer who made it seem like this process was no big deal but now I am realized that it is a really big complicated deal!

I thought that domicile was only an issue with the visas for married couples. I haven't seen any info about needing to have domicile in order for my fiancee to enter the US on K1.

Please read what the others have posted. If you're most interested in the 'fastest' visa, it seems you've already been given info about the consulates up there and the wait times.

Furthermore, if you choose to get married, there's really no legal need for you to do it in the US. If the spousal visa is your preferred method, then you could theoretically get married right where you are.

Domicile is an issue regardless. The US wants to know where your fiance/husband will live. It doesn't matter which one he is. Why would it?

[aloren 0]

I have been reading the guides like crazy for months and am still confused as hell. I am working in Canada on a work permit and have been here for 5 months. I have paid all my taxes in the US, have bills from my former address in the US in my name and a letter from my roommate living there saying that we will be staying there, a bank account, license, car insurance and registration, etc. According to the link posted about domicile, I can easily meet that requirement while staying here for at least a few more months, more if I get the second work permit approved that is being processed. SO why would I NEED to move back the US when I could keep working here and still prove US domicile? One person is telling me that I need to have a permanent address in the states (Portland, Oregon, currently in Vancouver, BC), but this domicile discussion guide is telling me that even people who were US citizens and had never even been in the states were able to establish US domicile. Which is it?? Basically I am trying to decide whether to file for K1 or for CR-1 with the K3 I-129 option. Is one process more strict about domicile than the other? We could get married now in Canada and then file for CR-1 and the I-129 K3 option and it sounds like we could enter the US in the same amount of time either way, except with CR-1 it would cost less and he could work when it goes through. I know I don't meet the financial requirements but I have several co sponsors available to fill out the form as well. I REALLY appreciate all of your help. I apologize for my confusion..it seems like no matter how much I read, one little question comes up and everything I thought I knew is just shattered.

[uverseman 5]

I have been reading the guides like crazy for months and am still confused as hell. I am working in Canada on a work permit and have been here for 5 months. I have paid all my taxes in the US, have bills from my former address in the US in my name and a letter from my roommate living there saying that we will be staying there, a bank account, license, car insurance and registration, etc. According to the link posted about domicile, I can easily meet that requirement while staying here for at least a few more months, more if I get the second work permit approved that is being processed. SO why would I NEED to move back the US when I could keep working here and still prove US domicile? One person is telling me that I need to have a permanent address in the states (Portland, Oregon, currently in Vancouver, BC), but this domicile discussion guide is telling me that even people who were US citizens and had never even been in the states were able to establish US domicile. Which is it?? Basically I am trying to decide whether to file for K1 or for CR-1 with the K3 I-129 option. Is one process more strict about domicile than the other? We could get married now in Canada and then file for CR-1 and the I-129 K3 option and it sounds like we could enter the US in the same amount of time either way, except with CR-1 it would cost less and he could work when it goes through. I know I don't meet the financial requirements but I have several co sponsors available to fill out the form as well. I REALLY appreciate all of your help. I apologize for my confusion..it seems like no matter how much I read, one little question comes up and everything I thought I knew is just shattered.

You can work and stay in Canada and apply for K1 or CR1, whichever you choose. I lived in Philippines while my k1 was processing, no big deal. I own a house, bank accounts and all other items you mentioned. All the USCIS wants to know is that when the visa is approved is that you have a permanent place of residency in the US and a way of support for you and your spouse.

[aloren 0]

Thanks! That is really helpful. It seems that with either K1 or CR-1 + K3, the time it would take for us to get back to the US would be the same, with the CR-1 being cheaper. However, what happens if we enter the US and the CR-1 hasn't gone through yet..would he have to pay $1000 to get adjustment of status? That is the part I am confused about now. If the CR-1 is more complicated and could end up costing us more than the K1 in the long run, maybe it would be better to just do K1, be able to move a couple months sooner, and be able to have the Hawaiian wedding we planned on having.

[Harpa Timsah 13,258]

K3 no longer exists in practice. It is dead. CR1 is way cheaper, as there is no adjustment of status in the USA. After K1, immigrant must adjust status which is $1070 and has to wait to work. CR1 is longer because Montreal is backlogged.

[pushbrk 12,104]

I have been reading the guides like crazy for months and am still confused as hell. I am working in Canada on a work permit and have been here for 5 months. I have paid all my taxes in the US, have bills from my former address in the US in my name and a letter from my roommate living there saying that we will be staying there, a bank account, license, car insurance and registration, etc. According to the link posted about domicile, I can easily meet that requirement while staying here for at least a few more months, more if I get the second work permit approved that is being processed. SO why would I NEED to move back the US when I could keep working here and still prove US domicile? One person is telling me that I need to have a permanent address in the states (Portland, Oregon, currently in Vancouver, BC), but this domicile discussion guide is telling me that even people who were US citizens and had never even been in the states were able to establish US domicile. Which is it?? Basically I am trying to decide whether to file for K1 or for CR-1 with the K3 I-129 option. Is one process more strict about domicile than the other? We could get married now in Canada and then file for CR-1 and the I-129 K3 option and it sounds like we could enter the US in the same amount of time either way, except with CR-1 it would cost less and he could work when it goes through. I know I don't meet the financial requirements but I have several co sponsors available to fill out the form as well. I REALLY appreciate all of your help. I apologize for my confusion..it seems like no matter how much I read, one little question comes up and everything I thought I knew is just shattered.

If you have driver license and bank account using a Portland address where you will both live upon arrival, you have the domicile issue covered. People use parent or family member addresses as "permanent address" quite frequently when establishing domicile. If you have the sponsorship issue covered as well, I don't see any problems on the US end, as long as you can manage to remain in Canada legally.

[Ryan H 3,790]

It seems that with either K1 or CR-1 + K3,

While the K3 is still officially on the books, it is nonexistent in practice. Don't waste your time filing an I-129F after you file an I-130 for a K3 (should that be the course you chose). USICS will match up the I-129F with the I-130. Both petitions will be approved at the same time and sent to the NVC. The NVC will then adminstratively close the I-129F leaving only the I-130 for CR-1 active.