I need help!

[Missmatalini 6]

Hello Everyone!

I give my thanks in advance for anyone that can answer any of my questions!

My husband (who is a canadian citizen) and I are getting ready to start putting things together to apply for his IR-1/CR-1 visa.

I can't find it anywhere, how long this should take? What is the average wait time to be granted a visa?

We both are currently in Canada, we originally were immigrating me into Canada but long story short it wasn't going as we wanted it to and so switcharoo we're trying to get into the States.

We have a super easy case, I'm 19 he'll be 21 soon, neither of us have been married before, no kids, no criminal backgrounds.

I've lived in Canada for almost a year now so I looked into having a consulate process our case but apparently the Consulate General in Vancouver doesn't do that.

I'm very confused because on the USCIS website it gives two options for filing, outside or inside, and we are both outside of the USA. So we can't just adjust his status? Could we move into the states. . . him just "visiting" on his passport and then we adjust his status? I don't understand.

If anyone has any insight on what we should do, that'd be great. This is so confusing and I don't know what to do. Thanks again!

[NikLR 13,234]

You cannot just adjust his status. You must file for the visa. The adjustment of status is for people who already in the USA before deciding to immigrate to the USA or have a K1 visa. If he went to the CBP officer and said "I want to go to the USA so I can live there with my wife" they would turn him around fast enough to make his head spin. LOL.

The average time from petition (you are filing a petition to start with) to visa interview is about a year.

I highly suggest starting with this guide and moving onto the more in-depth ones as you understand the process more.

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

Because you are both in Canada it's possible for the USCIS stage (the completely blind, don't know what's going on, sitting and waiting stage) to go very quickly if it's sent off to the right service center. But plan on it taking 4-8 months in case that doesn't happen. Then comes the NVC stage (yay active get to do stuff) which is where the visa application and affidavit of support come into play.

I highly suggest you read the domicile thread in the Canada forum as it pertains to your situation.

Also just to note, if you are chasing a CR1/IR1 visa, you must interview in Montreal. You could try to chase K3 to interview in Vancouver, but K3 are rare.

[Ontarkie 14,947]

~~One post removed as it had no reply~~

[Missmatalini 6]

You cannot just adjust his status. You must file for the visa. The adjustment of status is for people who already in the USA before deciding to immigrate to the USA or have a K1 visa. If he went to the CBP officer and said "I want to go to the USA so I can live there with my wife" they would turn him around fast enough to make his head spin. LOL.

The average time from petition (you are filing a petition to start with) to visa interview is about a year.

I highly suggest starting with this guide and moving onto the more in-depth ones as you understand the process more.

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

Because you are both in Canada it's possible for the USCIS stage (the completely blind, don't know what's going on, sitting and waiting stage) to go very quickly if it's sent off to the right service center. But plan on it taking 4-8 months in case that doesn't happen. Then comes the NVC stage (yay active get to do stuff) which is where the visa application and affidavit of support come into play.

I highly suggest you read the domicile thread in the Canada forum as it pertains to your situation.

Also just to note, if you are chasing a CR1/IR1 visa, you must interview in Montreal. You could try to chase K3 to interview in Vancouver, but K3 are rare.

Thanks for the reply

If we go ahead and try for the K-3, if that doesn't go through it just goes into the CR1/IR1 visa right? There isn't anything extra we have to do if the K-3 isn't granted? Just by your personal opinion, which would you try and do?

I've looked into direct consular filing but have been notified the Consulate General in Vancouver does not process immigrant visas. . . . so I guess that option is knocked off.

What is the "right" service center. . . I don't suppose we get to pick the service center?

Also, I do plan on moving back into the states obviously, we're going to be moving to Utah but we won't have an actual address until I'm down there. On the petition for Alien Relative it asks for the address that the alien family member will be residing at if allowed into the country. . . what should I put there? Just the intended City??

[NikLR 13,234]

DCF isn't available in Canada, period. Hasn't been for some time

You don't get to pick the service center. Right now it's luck of the draw. It used to go by where the petitioner lived, but they're being sent all over.

you can put "to be determined" since you do not have a US residence yet. You may want to start establishing your domicile in the USA again though so you don't have trouble with that.

As for the K3 vs IR1/CR1. You do extra stuff to get the K3. It requires sending an I-129F with the NOA1 from the I-130, then some stuff along the lines of a K1 visa including an Adjustment of Status, $1070. But it may cost more than that to fly you both to Montreal and back, which is the only reason I suggest it. If the K3 route is closed a the NVC, you simply do the paper work at the NVC stage and he will interview in Montreal. If it is not closed you have to submit package 3, interview in Vancouver, and then once in the USA do the adjustment of status. I personally like the CR1 route better, BUT financially it may work out that the K3 and AOS route is cheaper. However it will take about 90 days for your husband to be able to work in the USA after filing the AOS. He should think long and hard if he will be bored and annoy the heck out of both of you because of that before you decide on the K3 route.

Keep in mind that immigration is certainly not cheap. You will need a joint sponsor it sounds like too unless you have enough assets to qualify.

Edited June 5, 2014 by NLR

[Missmatalini 6]

DCF isn't available in Canada, period. Hasn't been for some time

You don't get to pick the service center. Right now it's luck of the draw. It used to go by where the petitioner lived, but they're being sent all over.

you can put "to be determined" since you do not have a US residence yet. You may want to start establishing your domicile in the USA again though so you don't have trouble with that.

As for the K3 vs IR1/CR1. You do extra stuff to get the K3. It requires sending an I-129F with the NOA1 from the I-130, then some stuff along the lines of a K1 visa including an Adjustment of Status, $1070. But it may cost more than that to fly you both to Montreal and back, which is the only reason I suggest it. If the K3 route is closed a the NVC, you simply do the paper work at the NVC stage and he will interview in Montreal. If it is not closed you have to submit package 3, interview in Vancouver, and then once in the USA do the adjustment of status. I personally like the CR1 route better, BUT financially it may work out that the K3 and AOS route is cheaper. However it will take about 90 days for your husband to be able to work in the USA after filing the AOS. He should think long and hard if he will be bored and annoy the heck out of both of you because of that before you decide on the K3 route.

Keep in mind that immigration is certainly not cheap. You will need a joint sponsor it sounds like too unless you have enough assets to qualify.

Thankfully my Parents are going to joint sponsor - can't thank them enough!

I will be heading into the States before we get the Visa, but "if" we are expecting to be able to move by next April/May. . I'll probably be moving right after New Years.

Is a Spouse REQUIRED to be there for the interview?

[NikLR 13,234]

Thankfully my Parents are going to joint sponsor - can't thank them enough!

I will be heading into the States before we get the Visa, but "if" we are expecting to be able to move by next April/May. . I'll probably be moving right after New Years.

Is a Spouse REQUIRED to be there for the interview?

No a spouse is absolutely not required in Montreal or Vancouver. My husband did not attend.

[pushbrk 13,616]

When considering "costs" consider the several months the immigrant is not authorized to work, after entering using a K3 visa compared to immediate authorization with the CR1.

When considering timing, consider that when filing an I-129F for spouse, your I-130 gets taken out of line to join the queue where the I-129F came in.