K-1 or is I-130 possible?

[kehills 217]

Ok, why do you keep talking about filing an I-130 in Feb 2015? I think you have some misconceptions here, so let's just start with that one. Why would you get married in July 2014 and then wait seven months before filing?

[aleful 1,905]

hi

ditto

is there a reason he wouldn't want or be able to file the i130 this year?

[NikLR 13,220]

I assume they have wedding plans they don't want to change?

But you can get married in Canada, just a quick one, and keep your main wedding plans as well.

You can still visit while being married to someone in the USA, especially from Canada.

[C2C 4]

Hi,

It is perfectly fine to get married here in the states, go back to Canada and then file the I-130. My husband is Canadian and while he was here visiting we decided to go to city hall and get married. He flew back to Canada and then we filed the petition. It does take a while to go through the whole process (we're towards the end of it now, but by the time he gets his visa it's going to be about a year since we started the process). So I would suggest not waiting until February to start the process unless you don't mind not been able to join your partner in the states until early 2016 or so.

Best of luck!

Edited June 28, 2014 by C2C

[NikLR 13,220]

I suggested getting married in Canada since you can get married anywhere in Canada as a LGBT couple, but if you wish to do it in the USA, where legal, that's completely acceptable as well.

[acrufox 6]

Well then, had 4 paragraphs typed up and the site had some kind of SQL error and I lost what I had typed out >.<

Two weeks ago, we didn't know that any of this was possible, it was our friends that brought this to our attention and then we really wanted to get married while on our trip.

When I signed up, I literally knew very little of how the entire process went, someone suggested I sign up here, bring up my questions and concerns here.

Us getting married while on our trip was at the suggestion of our friends knowing our situation, but it didn't come up until the strike-down of the gay marriage ban in Indiana. If my BF filed the I-130 after I get back home after the trip in July, it looks like it would take about a year, which would put things at sometime next summer. If we wait on getting married and he files the K-1 in February, the AOS would still fall sometime next summer. If we filed a K-1 after our July trip and went from there, everything would end up happening during the start/middle of winter and would be too soon for me anyway.

We would be giving everyone we wanted to attend the ceremony, little to no time to plan to attend. We've waited 17 years, unless something comes up, it would be a lot easier on us and everyone we know as well. We're also somewhat intimidated in the entire process, it adds a lot of anxiety to everything if we just up and insist on doing this right now.

[acrufox 6]

It's also been quite a roller-coaster of emotions as well. Going from not pondering the idea to getting all hyped up that it was now possible even if it couldn't be in the state we wanted to get married in, to planning for another state on our trip, to then being devastated that if we did, we might be doing it the wrong way and breaking the law.

Now that we're both aware that it is possible, and how it works, we want to plan it out.

Another one of my friends said that in many states now, it is legislate law, so being terrified that a stay would suddenly be put on gay marriage in those states would highly be unlikely, unless there is something else I should be made aware of. In respect to time, yes it's about time that we get married, but above and beyond that, starting the process right now would be rushing.

Neither of us even knows which states outside of Maryland, or DC, and perhaps IOWA, what other states we could get married in. IOWA isn't insanely far away from Indiana. Aside from direct family members (my parents and sister), it's his side of the family that would have much more of a presence at the wedding ceremony anyway. I come from a deeply religious family/upbringing so suffice to say, they aren't even remotely supportive as his family. Getting married up here in Canada is an option, I doubt few if any would attend if we did.

One other question I have though. Is there any other site like this one, that assists people with the latter phases of the process? Thinking about this makes me think about a zillion other things. Once down there, there are so many other questions that come up. Like taxes, both Canadian/American, my car, medical records, my Canadian passport, the whole lot. I haven't had much time yet to read through much of the forums but taking into consideration the site's name of visajourney, I'm not sure any of those questions would be appropriate here. Asking though, is the first step

[kehills 217]

Well then, had 4 paragraphs typed up and the site had some kind of SQL error and I lost what I had typed out >.<

Two weeks ago, we didn't know that any of this was possible, it was our friends that brought this to our attention and then we really wanted to get married while on our trip.

When I signed up, I literally knew very little of how the entire process went, someone suggested I sign up here, bring up my questions and concerns here.

Us getting married while on our trip was at the suggestion of our friends knowing our situation, but it didn't come up until the strike-down of the gay marriage ban in Indiana. If my BF filed the I-130 after I get back home after the trip in July, it looks like it would take about a year, which would put things at sometime next summer. If we wait on getting married and he files the K-1 in February, the AOS would still fall sometime next summer. If we filed a K-1 after our July trip and went from there, everything would end up happening during the start/middle of winter and would be too soon for me anyway.

We would be giving everyone we wanted to attend the ceremony, little to no time to plan to attend. We've waited 17 years, unless something comes up, it would be a lot easier on us and everyone we know as well. We're also somewhat intimidated in the entire process, it adds a lot of anxiety to everything if we just up and insist on doing this right now.

Ok, if you file a K-1 after your July trip, let's assume that it still goes to California Service Center and that they're running about the speed they are currently. That means USCIS/the Consulate will probably have your file some time in October, and if you wanted to, you could likely have the K-1 approval to move by December. However, there's nothing that says that you have to play by that timeline; my now-husband and I had holiday plans (he sort of needed to meet my father), but he also had a summer fellowship in Australia. They wanted to interview him in November, which would have meant he couldn't enter the US and then return to Oz for said fellowship. So we asked to delay the interview until after the holidays; we were granted a four-month extension, he traveled here for the holidays, went home, got his K-1 during his fellowship, and moved to America when that was over.

And of course, once you have the K-1, you have a period of time to travel on it. (Six months from the medical, I believe.) So there's some flexibility there. However, with the K-1 VISA, you have to adjust your status after you get married, and there's a waiting period before you have authorization to work; it's running roughly 75 days right now.

If you get married in July and then start the CR-1 process, it looks like that will have you receiving permission to immigrate in summer 2015, and you will enter the country and automatically have permission to work. (This is a better financial option for a lot of people.)

With either the K-1 or the CR-1 process, you can still visit your partner. (I can't tell if this is why you're trying to delay things or not.) You have to be able to provide proof that you have ties in Canada and will be returning at the end of your trip. (My husband used to travel with a document from work showing what his days off were and when they expected him back at his job, his car, lease, and utilities information, and return ticket-never had a problem.)

If you two want to get married in July, there's nothing stopping that and there's about a year of paperwork/processing before you can enter the country. If you want to enter on a K-1, then the timeline is a bit different.

Now, all that said! Please keep in mind that processing times change! Last year, when we filed our K-1 paperwork, we were sent to Vermont Service Center and it seemed like it was going to be a long wait. We were re-routed to Texas Service Center (the current bane of many people's lives), and we were approved and forwarded on inside two weeks. So just because California is moving like lightning right now doesn't mean it will be six months from now.

And regardless of all that, congratulations and good luck. I'm really happy you two have the option of figuring out how to live together after so long together and apart.

[kehills 217]

Oh, btw, here's where you can marry in the US, as of 17 June.

This website keeps a running tally.

[NikLR 13,220]

You misunderstand a few things OP.

You can have a quick wedding and then plan out a BIG wedding further down the road, in the USA, in which everyone can attend. That is what a lot of people do in either the CR1 or the K1 because of way the immigration processing times change.

CR1 = married for less than 2 years

K1 = engaged couples

Even if you do the K1, the times that the processing happens varies so greatly. I've seen timeframes that are 1-2 months and others that are over a year in processing. The same with CR1. My journey from I-130 filing to green card in the USA was exactly 9 months TOTAL. I-130 to interview was a little less than 8 months. Right now because of a backlog at the NVC, you'd be hard-pressed to find anyone, who isn't living abroad together, to be less than 1 year - 18 months for the CR1 process but 8 months for my filing year was perfectly normal.

Now there is nothing stopping you from getting married when you want. If you have a big wedding planned already for July, then keep that wedding plan. Just understand that you have no idea how fast the K1 will go and the CR1 would then be a better route. Have a quickie wedding then start the married process, and enjoy your big planned wedding in July.

As for states which allow gay marriage (keep in mind on a K1 you have to be married in one of these states, you do not have to live in them.)

http://gaymarriage.procon.org/view.resource.php?resourceID=004857

http://www.freedomtomarry.org/states/

http://en.wikipedia.org/wiki/List_of_U.S._state_laws_on_same-sex_unions

Personally I think banning two people from getting married is a bunch of cow manure, but then, I'm Canadian and we've had it legal for quite some time.

[acrufox 6]

We're concerned about getting married while on our July trip and filing the I-130 as soon as I get home might have some sort of an impact on my ability to travel between submitting it and when I get called into the US consulate here in Halifax, Nova Scotia. Do I have to stay in Canada for a specific amount of time and cannot travel on my passport to the USA until a certain period of time has passed? Or is it business as usual traveling to the USA on my passport. We're concerned that it might have some impact on my ability to travel.

I've seen it mentioned on some websites that if we went through getting married in Maryland while on our trip, it could be seen as me traveling to the USA while on a visitors passport with the intention to marry for immigration purposes. If there is a chance we might end up with additional scrutiny because we couldn't wait to get married? I would then just prefer waiting until we could do the K-1 process and marry within that 90 day window instead, next year.

Doesn't the K-1 have to be filed while I am in Canada by my boyfriend? Once submitted, won't it change how I visit the USA until it's processed, or can I just keep visiting with my Canadian passport as usual? I don't want to add additional hassle to trips planned this year if it just means waiting a little while longer until they have all wrapped up.

If I ended up with a K-1 approval to move by December, I wouldn't be able to move that quickly anyway. Once December hits here in Nova Scotia, traveling conditions between here and Indiana get quite treacherous. My last trip down concluded at the start of last December. I still remember ending up driving from MA->ME, and then NB->NS in blizzard conditions/freezing rain etc. The weather here remains extremely unpredictable right through until the end of May/Early June. This is why February gets tossed around a lot in my replies. The trip to Vegas and spending time with him would conclude at the end of January at which point he would file the K-1 when I arrived home. I have to think about when I would be ready to move. I mean two weeks ago I didn't even know any of this was even possible. So I don't have the luxury to give so little notice on everything and just move in December anyway.

I am aware that the processing times could vary, but I also have to take into consideration I cannot just uproot myself so soon either. It would be great if I could, but I cannot imagine moving to the US before next summer at the earliest. My boyfriend has a nice job, but I don't want to burden him those additional costs of petitioning on top of the trips we've planned together. I'm happy knowing there is an end in sight now, it's no longer a question of if, but just when, and even that isn't something that will be years and years from now. The last couple of years have been really hard dealing with the self realization that I will be hitting 40 in a few years, and I'm still traveling to see my boyfriend on a passport.

Edited June 29, 2014 by acrufox

[kehills 217]

No. As a few of us have said, you can continue traveling to the United States while either set of paperwork is processing. Just be sure that you have proof you have ties in Canada and will be returning at the end of your visit.

The only thing the K-1 does stop is travel in and out of the US once the K-1 VISA has been approved.

I think you need to (re)read all of the information about the process of both K-1 and CR-1, and then come back with a list of questions if it's still unclear.

[NikLR 13,220]

As stated above, you can continue to travel after the petition has been filed. Just bring proof of your ties to Canada such as a letter from your employer, lease agreements, contracts, etc..

Also to note, since you mention the consulate in Halifax, you will not be interviewing there. You will interview at the US consulate in Montreal. No matter what route you take, K1 or CR1, you will interview in Montreal. You must have a medical by an approved panel physician and there is one in Montreal and 3 in Ontario. That medical must occur after getting the interview letter (known as a P4 on this website) and the interview.

After getting the visa, in Canada, you have 6 months from the medical date in which to activate the visa. So if you get the K1 in Dec, and you did your medical close to the interview date, you'd have about 6 months to move. Once there you cannot leave the USA without advance parole (which is filed with the adjustment of status paperwork after marriage) or a green card.

You also keep throwing around terms that don't mean the same things.

K1 is a visa. I-129F is the petition that starts the fiance visa.

CR1 is a visa. I-130 is the petition that starts the spousal visa.

You guys need to look at what is the most feasible for moving and living. It's up to you to as a couple to what you need.

For instance: for me, the K1 was out of the question. I needed the ability to travel outside the USA at a moment's notice. I also liked the idea that I could work or collect EI right away. It's also the cheaper of the two visas. So we got married and then waited. We researched both directions. But my husband would not petition me until he got a job on which he qualified on his own because that's how he is.

FYI: Quick weddings are NOT frowned upon by the USCIS or DOS. Many people choose to have a quick civil wedding or elope and then have a large "wedding" afterwards when everything is settled and done regarding immigration. Even people who do the K1 often do it that way because you must get married within 90 days of entering the USA. That isn't enough time to plan a large wedding if that's what's important to the couple.

[acrufox 6]

Aside from the basic steps/procedure, do they assist you with going through to the next step or assume you should already know.

How many days should I set aside to be in Montreal approximately, including the interview & medical exam. Are there any costs involved outside of the obvious staying at a hotel and getting food? Does this physical exam cost any money? I only knew about the consulate and medical exam needed but not the details like you've provided here.

The IR-1/CR-1 process looks much more appealing indeed, one thing noted on there though about that is: "Separation from family may be longer than if filing for a K-3 Visa (or K-1 visa for a non-married fiance). The applicant will most likely not be able to enter the US while their IR1-CR-1 Visa is being processed." How long exactly are we talking here approx?

Looks like this avenue would be better in the long run, and would save quite a bit of money as well. I will more than likely need to travel outside the USA myself due to family emergencies back home, and most of them are seemingly always unexpected.

Reading through the replies.... We can indeed get married in 2 weeks, obtain our certificate and have a small ceremony to officialize the certificate, head back home. I can still travel back/forth on my Passport and travel freely to the rest of our planned trips as usual. Can the I-130 part to start the petitioning process be filed while I'm inside the USA on one of these trips or I must be in Canada when he does.

I apologize for being repetitive on here. Thank you for being patient with me

[NikLR 13,220]

Aside from the basic steps/procedure, do they assist you with going through to the next step or assume you should already know. ~~No, you're expected to read the instructions and inform yourself. Thats why there are websites like this one. You can call the USCIS but they're notorious for giving out bad information.

How many days should I set aside to be in Montreal approximately, including the interview & medical exam. Are there any costs involved outside of the obvious staying at a hotel and getting food? Does this physical exam cost any money? I only knew about the consulate and medical exam needed but not the details like you've provided here. ~~Medical if done in Montreal takes 3 days after the medical to get the results back. (So medical on Monday means results on Thursday.) Costs approx $300 cash (no debit or credit cards.) You need to make sure your vaccinations are up to date before the medical or they charge you for vaccinations. MMR, Tdap, varicella [chicken pox] (and if in season influzenza).

The IR-1/CR-1 process looks much more appealing indeed, one thing noted on there though about that is: "Separation from family may be longer than if filing for a K-3 Visa (or K-1 visa for a non-married fiance). The applicant will most likely not be able to enter the US while their IR1-CR-1 Visa is being processed." How long exactly are we talking here approx? ~~disregard that you will not be able to visit. As long as you provide proof of your ties to Canada you should not have any trouble visiting. The CR1 does take longer than a K1 from petition to visa, but likely less time from petition to green card. CR1 are about a year in length total. Currently people were backlogged at the service centers so the average right now is about 16 months.

Looks like this avenue would be better in the long run, and would save quite a bit of money as well. I will more than likely need to travel outside the USA myself due to family emergencies back home, and most of them are seemingly always unexpected. ~~exiting the USA is never a problem. Getting back in is. Takes 90 days to get the EAD unless you can get it early due to family emergency. Wasn't an option for me, I have a daughter in Canada. The nice part is you can also claim EI or work as soon as you get to the USA. You don't have to sit around 3 months on your thumbs bored to death.

Reading through the replies.... We can indeed get married in 2 weeks, obtain our certificate and have a small ceremony to officialize the certificate, head back home. I can still travel back/forth on my Passport and travel freely to the rest of our planned trips as usual. Can the I-130 part to start the petitioning process be filed while I'm inside the USA on one of these trips or I must be in Canada when he does. ~~I-130 can be started any time after the marriage certificate is in the petitioner's hands.

I apologize for being repetitive on here. Thank you for being patient with me

Edited June 30, 2014 by NLR