Am I missing something? other options?

[stuckinbetween 0]

Hello,

I have read and tried to do all my research but am wondering whether we are missing something along the way...we are somewhat new to the whole I-130 process having only applied in November 2013. I am Canadian and my husband is USC. We have been married for 5 years and have to young children (dual citizenship). The issue is the following: My husband lost his job in Canada in the fall but we were thrilled when he found another one in D.C. Of course, we first looked into what it would take for me to live in the US and eventually work there as well. We applied for the I-130 early November thinking that the process would take up to 8 months (based on research and folks at the US embassy). Being Canadian, I am aloud to travel to the states for a period of 6 months as a visitor. So we willing to live apart for a few weeks if needed.

On November 19, we received an email that said our case had been accepted and routed to the USCIS Vermont Service Center for processing. Following up on this, I can now see that the whole process (from start to finish) can take over 13 months- am I wrong ? I only have 4 months and a half left as a visitor in the US and then, presumably, my family will have to separate until I get the visa or are there any other options considering I have 2 young American citizens in tow and an American husband? I heard that the K3 would perhaps now be an option. Can I apply for this while in the states? All I want is for us to do all this waiting under the same roof - I am, of course, willing not to work until I get the proper papers...am feeling pretty discouraged. Any advice or help would be huge and much appreciated!!

Many thanks

[NikLR 13,234]

No there are no other options. The K3 visa is obsolete. The USCIS will tell you it exists but their very actions makes it almost impossible to get. They marry up the I-130 and I-129F, then adjudicate them together. When this happens they send them to the NVC together. The NVC then closes the I-129F which means you still only get a CR1 or in your case, an IR1 visa. YOu still have lots of time for the process to only take 4 or 5 more months total. Hopefully the I-130 will be approved soon and the NVC stage generally only takes a few months, with the interview being another month or two out.

My entire process, with the petition taking 4 months almost exactly, was just under 8 months to interview and exactly 9 months from the day to my green card. Keep hope!

[christeen 966]

It is a tough spot and unfortunately, seperation is the reality for many families. K3 is defunct and basically an extinct, never issued visa, don't wast ur time. Yes, cR1 is taking over a year. Now you came with the intention of going back to process for your visa in Canada correct? Now (and i might get hammered by others here for suggesting but here goes) Has anything in your current situation changed (like maybe kids in school, losing housing back in canada) where you changed your mind and perhaps decide to stay and file the 485 to adjust ststus while here in the usa? i am assuming that you did not enter with the intention of staying and adjusting g status? If yes to above, there is the option to file for AOS (adjustment of status) and stay in the USA. You would not be able to leave the USA for at least 90 days, and you would wait in the USA for your GC. Now, if uscis can prove that you came over with the intent of staying and adjusting status and thus circumventing the system, then you can get issued a lifetime ban. However, the 13+ months backlog has certainly changed the situation for many families and being separated from your children for months is a difficult decision.