Anyone willing to hold my hand?

[CristyH 0]

Excuse my stupidity in advance please. Ok so we did K1 moved to the US. Then all came to Canada, now want to go back to US (long story). I was thinking K3 because that is kind of what I knew but now I read to do IR-1. Basically we want to finish out the school year and then head back to Phoenix. My husband can go back before us and may have to as he is technically a visitor in Canada due to a refusal. We were going to re-do his immigration here but then changed our minds. So is it cheaper/faster to do the IR-1? I am the only income earner right now, if he goes back first he can get a house and job set up so that would be good. Anyone want to hold my hand and help me figure out what to do here? I am sure you are sick of the same questions over and over lol

Cristy

Edited January 2, 2012 by CristyH

[TimeTravel 78]

Yes, CR-1/IR-1 is cheaper & faster compare of K3.

[together4evr 360]

Does Canada have DCF?

Direct Consular Filing?

If you live together in the foreign country for 6 months sometimes you can file at that embassy and get IR1 quicker.

I do not know if it is still available in Canada or what the requirements are.

Good Luck

[Inky 1,111]

Does Canada have DCF?

No Canada has not had DCF since August.

[CristyH 0]

Of course we miss out by a few months lol.

Cheaper and faster is good, we have spent so many thousands of dollars on this already.

Ok so question, can he go back to the US before me and the kids or do we have to wait for it to be approved and go together?

[Darnell 8,479]

you can have it good, fast or cheap. Pick 2.

Your husband can leave anytime he deems, as his presence IN Canada has no positive effect on YOUR I-130 petition. If he stays without any income - is actually a negative effect on the IR-1 and IR-2 visas - as he must show proof of sustainable income in the USA. Your uncome may be counted, later, between NVC intake for the IR visas and Interview Day by a visa officer, but only at 1/5 of the amount needed to overcome the 125% poverty line threadhold.

Don't forget, must file an I-130 for you and any children who are Canadien - that's one I-130 petition for each of you. I understand you have another child that is USCitizen, so not need any I-130 on that child.

So, study a bit more -

http://www.visajourney.com/wiki/index.php/How_to_bring_your_foreign_spouse_to_live_in_the_US

http://www.visajourney.com/wiki/index.php/EZGuideSpouse

then make sure your husband has (in USA, by the time of the VISA interviews)

1. a job in usa, with income

2. a place to live, in USA

3. evidence of co-mingling of assets (also shove this into the I-130s as well)

and can show proof of same on interview day.

Good Luck !

[CristyH 0]

Thanks Darnell. I was reading all day but getting boggled lol. That makes me so glad he can go back and establish himself in his career again, get us a home etc.....We did the LD thing before, it will be harder with a 3 yr old but we can do it. I feel so much better now. Oh and yes I get that it is a fee for each kid, one is almost 18 and thinks he is going to stay here and the other 2 are 16 and are unsure yet what they want but will probably come with. \thanks so much!

Cristy

[KLS2010 30]

K3 is basically dead so don't even bother looking at that - stick with IR1.

And I'm not sure what one previous poster meant by saying it's faster - compared to what??? I wouldn't call 9mths to a year fast. Because that's about how long an IR1 is going to take to process, give or take, depending on how organised you are, your embassy/consulate, etc. Just thought I would mention that incase you got the impression that 'fast' meant a month or two.Although - since you've been through all this before - I'm sure you already knew that there usually isn't anything 'fast' about immigration!!

Edited January 3, 2012 by KLS2010

[CristyH 0]

Yeah I know it won't be fast....The K1 took 6 months from filing to visa in hand so I had hoped it might be that fast.