Canadian just married to American-getting started with visa process

[joey726 0]

Hi everyone,

This is my first post so my apologies if I've broken any forum rules.

I just got married to an American (three weeks ago). I was already in the US but returned to Canada for my mom's 60th. I was denied entry back to the US as a visitor because I'm now an intending immigrant. So my husband and I are in the process of submitting the necessary documents for me to return to the US where we intend to live.

Can someone confirm or correct my understanding of the process?

1. My husband has to submit the I-130

2. We wait for acknowledgment (2 acknowledgments)

3. Once the I-130 is approved, I will need to go to the US consulate office in Montreal for an interview

I know the above is a very simplified version of events but I just want to make sure we're starting off on the right foot. The US border agent told us to apply for a K-3 visa but I've been reading on this forum that there really isn't any value to the K-3 since the I-130s are being approved sooner and also the cheaper method.

Any help would be greatly appreciated. If I had known all this beforehand, I would have begged my mom's forgiveness for not appearing at her 60th until after I got an adjustment of status while in the US.

Thanks

Joanna

[Pitaya 2,577]

Welcome to the forum.

There is a wealth of great information on this site.

In particular, the IR-1/CR-1 visa step-by-step guide:

http://www.visajourney.com/content/i130guide1

Good luck on your immigration journey.

[Hollyday 122]

K-3 is altogether not a very good option from my opinion (apart from the fact that the general notion on it is now that it's obsolete) - it's a non-immigrant visa, so you can't even work and stuff: http://www.visajourney.com/wiki/index.php/CR1_vs_K3

Was just about to post the guide link when saw it had already been posted.

Good luck!

[sumit381 2]

Hi everyone,

This is my first post so my apologies if I've broken any forum rules.

I just got married to an American (three weeks ago). I was already in the US but returned to Canada for my mom's 60th. I was denied entry back to the US as a visitor because I'm now an intending immigrant. So my husband and I are in the process of submitting the necessary documents for me to return to the US where we intend to live.

Can someone confirm or correct my understanding of the process?

1. My husband has to submit the I-130

2. We wait for acknowledgment (2 acknowledgments)

3. Once the I-130 is approved, I will need to go to the US consulate office in Montreal for an interview

I know the above is a very simplified version of events but I just want to make sure we're starting off on the right foot. The US border agent told us to apply for a K-3 visa but I've been reading on this forum that there really isn't any value to the K-3 since the I-130s are being approved sooner and also the cheaper method.

Any help would be greatly appreciated. If I had known all this beforehand, I would have begged my mom's forgiveness for not appearing at her 60th until after I got an adjustment of status while in the US.

Thanks

Joanna

Welcome to VJ. You can apply for either the K3, IR/CR visa or DCF. There's pros/cons to each option. I personally applied for IR1 visa because at the time I applied, the wait for K3 and IR1 were almost the same. So the advantages of K3 didn't out weigh its cons. And I don't qualify for DCF.

Here is a page that compares the different kinds of visas. http://www.visajourney.com/content/compare

You can determine which one suits your situation best.

As for the process, there's guides here on VJ which lay out pretty much all the details you need. Once my I130 was approved, I followed Saylin's NVC guide that goes through the steps for beneficiaries who will be interviewed in Montreal. See link below. This guide is for those who applied for IR/CR visas but has useful information that can used for K3 as well.

http://www.visajourney.com/wiki/index.php/NVC_for_Montreal_Beneficiaries_%E2%80%93_Electronic_Processing_and_New_Online_Forms

Good luck on your journey

[NikLR 13,227]

Welcome to VJ. You can apply for either the K3, IR/CR visa or DCF. There's pros/cons to each option. I personally applied for IR1 visa because at the time I applied, the wait for K3 and IR1 were almost the same. So the advantages of K3 didn't out weigh its cons. And I don't qualify for DCF.

Here is a page that compares the different kinds of visas. http://www.visajourney.com/content/compare

You can determine which one suits your situation best.

As for the process, there's guides here on VJ which lay out pretty much all the details you need. Once my I130 was approved, I followed Saylin's NVC guide that goes through the steps for beneficiaries who will be interviewed in Montreal. See link below. This guide is for those who applied for IR/CR visas but has useful information that can used for K3 as well.

http://www.visajourney.com/wiki/index.php/NVC_for_Montreal_Beneficiaries_%E2%80%93_Electronic_Processing_and_New_Online_Forms

Good luck on your journey

You cannot apply for DCF - there is no longer DCF for Canada.

K3 does not follow the same path after the IR1/CR1 once the petition is approved. In a K3 visa route, the I-129F is sent to the consulate and there is packages similar to the K1 visa. The result is a multi-use visa in which the beneficiary must adjust status. Nothing is sent to the NVC. In an IR1/CR1 (will be CR1 for the OP) there is document intake at the NVC and the beneficiary receives a visa which becomes their temporary green card upon arrival to the USA.

OP I suggest the guides, including the one posted by sumit. They have good information because the process isn't quite as quick as your initial timeline made it out to be. Hopefully though, you'll be living with your husband in less than a year.

It's still possible you may be able to visit your husband in the USA but you would need to bring proof of your ties to Canada. Things like a letter from an employer, an apartment lease, bills, etc... Denial at the border doesn't hurt your future petition or visa application but a ban will.

Edited August 6, 2013 by NLR

[moveslikestar 1]

The CR1 process is the way to go. As mentioned, DCF is no longer available to Canada. The process would be:

Chicago Lockbox: (I-130+G325A(x2))

NVC: DS261, DS260, i864

Interview

The good news is, the NVC phase is completely online and can be handled via email/online forms.

Question: odd that you got denied re-entry even with the process not even started yet. What made the BCP officer deny you?

[joey726 0]

That's a good question and I keep replaying the interaction with US border agent trying to understand what happened.

I was trying to go into the US as a visitor but the agent did not feel I was eligible because I am married and no longer have a job in Canada. We also mentioned that I was planning to get my status changed while I was in the US but we were waiting to start the paperwork to make the move permanent because I still have commitments in Canada.

She said my intentions were no longer to visit the US but to stay.

My husband sent the I-130 today and we're going to be contacting an immigration lawyer to see what my options are to get back into the US even just for a visit.

Thanks all for the replies. They've been extremely helpful.

[NikLR 13,227]

Right there is why you were denied. You were intending to immigrate using a visitor visa. You're not allowed to do that. You're lucky they didn't give you a ban, because to visit with the intent to stay is visa fraud. They likely will have marked it down on your record from now on and you'll have a very hard time visiting. You will need extremely good proof of ties to Canada to even attempt another crossing. I would not suggest it for quite some time. Do not bother with a lawyer unless you actually incurred a ban, they can't help you get across the border.

[joey726 0]

I realize that now after spending a few days reading through the threads posted on this forum. We were ignorant and arrogant in thinking things would be different because I'm Canadian and could get in and out of the US fairly easily.

I'm not planning any more attempts to cross the border. We're doing this the proper way starting with the I-130. I don't want to risk being banned from the US because moving to Canada isn't an option for us.

Fingers crossed that there are no hiccups in our application process.

[joey726 0]

Just had a thought, would this have an impact on the I-130 application? I was denied entry, not banned. Now I'm a little worried that whatever comments the border agent put in my record (if any) would say I was trying to commit fraud.

[Ketsuban 1,034]

Being denied entry doesn't affect the CR-1/IR-1 process unless you received a ban, which you didn't.

[NikLR 13,227]

I realize that now after spending a few days reading through the threads posted on this forum. We were ignorant and arrogant in thinking things would be different because I'm Canadian and could get in and out of the US fairly easily. I'm not planning any more attempts to cross the border. We're doing this the proper way starting with the I-130. I don't want to risk being banned from the US because moving to Canada isn't an option for us. Fingers crossed that there are no hiccups in our application process.

Just had a thought, would this have an impact on the I-130 application? I was denied entry, not banned. Now I'm a little worried that whatever comments the border agent put in my record (if any) would say I was trying to commit fraud.

As long as you weren't banned you'll be okay. Many people have been denied entry.

If you do attempt to cross like i said, have very good proof of ties.

[fridaynitewine 5]

Joey726: Your situation is very similar to mine. I found the easiest (less paperwork) and less money way to go was to just file the I-130 and leave it at that and go through the process. The only reason I would have filed the I-129F was to be able to go to the Vancouver Consulate. I didn't actually realize that I had to go to Montreal until about 2 weeks ago. The added cost of the K3 visa process was comparable to the cost of a flight to Montreal so figured I might as well make a mini vacation of it and see Montreal while there. Have heard from many the only reason to get a lawyer is if you have past charges against you. Just one more unnecessary cost. It won't likely speed up the process. My passport was flagged too but I wasn't requesting entry at the time just asking questions and told them I intended to immigrate. I haven't even attempted to cross since then. You will be in Canada for a while waiting so best advice, find a job and hang out here til it all comes through. Have hubby come and visit you, just make sure he has return ticket with him because Canadian Border Services might question why he is coming here.

Good luck and I hope it doesn't take too long.

K.

[NikLR 13,227]

USCs should also bring proof of ties when coming to Canada to visit their spouses.

[vegasbound 83]

Agree with @NLR. There have been many cases where USCs with Canadian spouses have been denied entry into Canada - if they cannot convince the IO that they are only visiting their spouses.

Your husband can, however, say to the IO that he has filed the I-130 for you to immigrate to the US and is currently in the process. Canadians are more sympathetic and understanding in that way (zing!).