Correct route for Green Card?

[lilt 0]

I've asked several questions on this site already...thanks to all for your answers. And my questions keep coming!

Here's what I've discovered so far. If anyone has comments, I welcome them.

My USC husband and I (I am Canadian), and our young daughter (Consular Report of Birth Abroad obtained - now applying for SSN and US Passport) are moving to the US in July, 2013. Our daughter is starting in her new school in September and we are moving to our home (which we have ownership of), but will not have jobs at first. It's a family farm that we're planning on reviving, but will also get jobs off the farm.

To obtain my permanent residence (green card), ideally, I would have liked to have filed for and waited for it here in Canada. Unfortunately, I'm seeing that the timeline for that will not be sufficient for me to enter cleanly into the US in July, 2013 with the green card approval obtained. I would really prefer to go in July and be with my husband and daughter.

So...this is what I think I have to do:

1/ Have my USC husband apply right away for the I-130 petition to the Chicago Lockbox location.

*** Since we are both living here in Canada still, and he is not applying from the US (without a US job to declare income), does he need to file the I-864 now (concurrently) to show we have sufficient funds/assets? We will have the substantial sale from our home, our current investments, and we also have the property in the US that we own (many acres, and a few houses on the land).

2/ Once we receive notice that they have received the I-130, we use this file number on the I-129F to apply for a K-3 spousal visa. I'll need this to enter the US in July, 2013 so that it's all legal (since I am intending on staying there). I am going this route because it appears to be faster than the other route of waiting for the green card approval before crossing into the US. By getting the K-3 visa, I can then apply for my Adjustment of Status from the US within 2 years and get my green card from within the US.

Am I right to believe that the K-3 could take around 6 months? Gosh, I hope so! I'm about 7-8 months from our intended departure date.

Does all the above sound right??

I know I've asked similar questions in the past...but I seem to have ironed out more details and would like to know if this all sounds like the best route to take.

Thanks in advance.

[Cathi 5,769]

K-3 visas are obsolete and rarely, if ever issued anymore. Your husband will file the I 130 for cr1 visa and this takes about 8-10 months start to finish, it will be very unlikely that you will receive your visa by July if you have not filed yet.

[N-o-l-a 7,168]

No, as a K-3 is going to take just as long as a CR/IR1 and will not likely even be given to you.

You have to have 3x the 125% poverty level in easily convertible assets and can only use a job that will continue or is based in America as income. You can find more info on this by searching the forums.

If you applied today and things continue on as they have been going at NBC, there is a chance that you could be there by July/August.

[The Mean Lady 604]

No, as a K-3 is going to take just as long as a CR/IR1 and will not likely even be given to you.

You have to have 3x the 125% poverty level in easily convertible assets and can only use a job that will continue or is based in America as income. You can find more info on this by searching the forums.

If you applied today and things continue on as they have been going at NBC, there is a chance that you could be there by July/August.

Correct, definitely a chance.

I'm hoping for a move in June and I filed less than a month ago.

It's wishful thinking and not VERY likely, but possible.

[N-o-l-a 7,168]

Correct, definitely a chance.

I'm hoping for a move in June and I filed less than a month ago.

It's wishful thinking and not VERY likely, but possible.

Oh? I am secretly wishing and praying to get approved in the next month and be out of here in April! A girl can dream. I am seriously ready to try and break the NVC record that is currently held by a Swede at 8 days and time from NVC case# to interview at less than 2 months. Heck, if we get approved in January, we would technically be out of here in March. *faints*

[lilt 0]

No, as a K-3 is going to take just as long as a CR/IR1 and will not likely even be given to you.

You have to have 3x the 125% poverty level in easily convertible assets and can only use a job that will continue or is based in America as income. You can find more info on this by searching the forums.

If you applied today and things continue on as they have been going at NBC, there is a chance that you could be there by July/August.

WOW!! Gosh, you learn something new every day. You know, I was on the phone today with a customer service person at the USCIS, and he didn't even mention that. In fact, I told him what I was thinking of doing and he just rambled off what I've been finding out on the websites, but apparently is not valid (in regards to the K-3). Huh. The whole conversation was pretty much a waste of time, actually. Sounds like they really can't impart ANY opinion whatsoever.

So, I guess I'll just start to go down the road of trying to get my green card from Canada and hope that it happens in good time. If not, I'll cross that bridge when I come to it.

Does anyone know if we have to prove the title of the home in the US during the application process, or can we just state the address. The title/deed is still going through to become official.

Good luck to the rest of you that are waiting, by the way. And by luck, I mean that I hope that you get through it all in a decent time period.

Thanks!

[Darnell 8,478]

customer service at USCIS, the krewe of CSRs, are notorious for being misinformed and singularly the top collection of humans on the planet for generating fiction.

[lilt 0]

customer service at USCIS, the krewe of CSRs, are notorious for being misinformed and singularly the top collection of humans on the planet for generating fiction.

Sounds about right. I really felt like he was just sitting there quoting off of the computer screen for me...not really answering my questions properly.

[N-o-l-a 7,168]

Check out page 8, under part 7. You'll need the deed and an appraisal of the home. http://www.uscis.gov/files/form/i-864instr.pdf

The CSRs literally just read a script off to you. I don't know why they bother to employ them instead of just replacing two of them with one ISO.

Edited December 12, 2012 by Nola123

[lilt 0]

Check out page 8, under part 7. You'll need the deed and an appraisal of the home. http://www.uscis.gov/files/form/i-864instr.pdf

The CSRs literally just read a script off to you. I don't know why they bother to employ them instead of just replacing two of them with one ISO.

Thanks for that. I'll have a bit of time, it seems, before we have to file the I-864. Perhaps the deed/title will be ironed out by then. Or maybe the assets we have now, including our home, will suffice.

We'll see.

Good luck to you!

[The Mean Lady 604]

Thanks for that. I'll have a bit of time, it seems, before we have to file the I-864. Perhaps the deed/title will be ironed out by then. Or maybe the assets we have now, including our home, will suffice.

We'll see.

Good luck to you!

Yes I would say you have at least 3 months until you need it

[NigeriaorBust 4,087]

Because you are from Canada you can visit while you wait ( as only as you can prove strong ties to Canada ) So if you aren't holding a visa in time you might be able to go to visit at about the time you are thinking of and spend a good deal of time in the US.

[Brother Hesekiel 2,236]

Let your husband and your daughter move to the United States in July while your case travels from USCIS to NVC and to the consulate. You can "visit" later in July or early in August and stay until you have your interview. Then you travel back to Canada, do the interview, wait for your IR-1, and immigrate formally.

[gstrength 20]

I've asked several questions on this site already...thanks to all for your answers. And my questions keep coming!

Here's what I've discovered so far. If anyone has comments, I welcome them.

My USC husband and I (I am Canadian), and our young daughter (Consular Report of Birth Abroad obtained - now applying for SSN and US Passport) are moving to the US in July, 2013. Our daughter is starting in her new school in September and we are moving to our home (which we have ownership of), but will not have jobs at first. It's a family farm that we're planning on reviving, but will also get jobs off the farm.

To obtain my permanent residence (green card), ideally, I would have liked to have filed for and waited for it here in Canada. Unfortunately, I'm seeing that the timeline for that will not be sufficient for me to enter cleanly into the US in July, 2013 with the green card approval obtained. I would really prefer to go in July and be with my husband and daughter.

So...this is what I think I have to do:

1/ Have my USC husband apply right away for the I-130 petition to the Chicago Lockbox location.

*** Since we are both living here in Canada still, and he is not applying from the US (without a US job to declare income), does he need to file the I-864 now (concurrently) to show we have sufficient funds/assets? We will have the substantial sale from our home, our current investments, and we also have the property in the US that we own (many acres, and a few houses on the land).

2/ Once we receive notice that they have received the I-130, we use this file number on the I-129F to apply for a K-3 spousal visa. I'll need this to enter the US in July, 2013 so that it's all legal (since I am intending on staying there). I am going this route because it appears to be faster than the other route of waiting for the green card approval before crossing into the US. By getting the K-3 visa, I can then apply for my Adjustment of Status from the US within 2 years and get my green card from within the US.

Am I right to believe that the K-3 could take around 6 months? Gosh, I hope so! I'm about 7-8 months from our intended departure date.

Does all the above sound right??

I know I've asked similar questions in the past...but I seem to have ironed out more details and would like to know if this all sounds like the best route to take.

Thanks in advance.

1 yes, have your husband start off the process, go ahead and file the I-130. No, the form I-864 is not needed until you are at the NVC stage which is many months away, this will give you a chance to gather documents to prove solvency and, for your husband to establish domicile in the U.S. along with this form, your husband will need tax transcripts of the past three years.

2. The K-3 route is not feasible anymore. However, you are Canadian and you do not need a visa to come and visit your husband and daughter in july and spend a few months with them,but, you must be able to prove strong ties to Canada when you try to cross the border

[ndu26 114]

No, as a K-3 is going to take just as long as a CR/IR1 and will not likely even be given to you.

You have to have 3x the 125% poverty level in easily convertible assets and can only use a job that will continue or is based in America as income. You can find more info on this by searching the forums.

If you applied today and things continue on as they have been going at NBC, there is a chance that you could be there by July/August.

very big chance. some popel are now being approved in 2-3months. so say you apply now and get approved latest march april, within april may you shd be done with NVC if no RFE and all your paperwork is good and ready to go...then interview june/july.

I like staying positive