Plowing Snow, Plowing Paperwork

[Canook 0]

Hi all

This looked like such a good forum, I hope you can give me some info and advice.

I am about to stop plowing the snow and start plowing thru the paperwork so I can move back to the US. I am trying to decide which is the best way to procede.

I was born in Canada, my spouse is a US born US citizen. We are both currently living in Canada (he has a Cnd resident permit). We got married in the US. I used to have GC, but since I haven't lived in the US for a long time, it's no longer legally valid, although it was the type without an expiry date.

We live out in the boonies of eastern British Columbia, but my spouse works in the States. Here are my q's:

-Which is the fastest and easiest visa for me to get? A K-3 or go straight for the GC? I don't want to be seperated from my spouse for any length of time.

-I also need to be able to travel back and forth to arrange for housing before I actually officially 'immigrate' - and *I* have to do it, my spouse can't take time off work. Can I cross while either kind of visa is pending? Am I supposed to tell the Border agent I've applied? Are they going to know if I don't tell them? Should I take care of my short trips to arrange housing before I file the paperwork? I've been getting hassled when crossing the border with my spouse in the car because they think I'm going to stay.

-I lived in the United Arab Emirates for more than ten years. Do I have to get a police certificate from there? I have heard conflicting opinions about it, mostly that it's nearly impossible to do unless you go there in person, which is not gonna happen! Do you get the Canadian police cert from the RCMP or the local city police?

-Do B.C. residents have to go to all the way to Vancouver for an interview, even for a K-3 visa?

-I used to have a green card, is that going to make my application go any faster?

-Do you have to get a medical for the K-3? Where do you have to go for it? - do I have to go all the way to Vancouver for that too?

-Since we were married in the US and we both live in Canada, where do we file the I-130 and the I-129 (hope I got those numbers right). The US consulate in Vancouver's website says the I-130 has to be filed "in person" there. Please tell me I don't have to fly all the way to Vancouver to drop off the paperwork, fly home, then roundtrip again for a medical, then a third time for an interview. We'll go broke before we even move! We're moving to New Mexico, so going to Vancouver is way out of our way for everything!

Thanks for your input!

[Flames9_RN 358]

I dont have a clue with regards to ur post, better off in another forum I bet. If neither of u are an American citizen,this may make things a tad more difficult, but I honestly don't know. I do find ur comment "do BC resident have to go al lthe way to vancouver for a K3 interview" For cr-1,Ir-1 EVERYONE in canada has to goto Montreal,lol Best of luck

[Kathryn41 3,205]

I am sure someone with more experience in these visas will respond, but I also suggest you check out DCF - Direct Consular Filing. This is the fastest route for someone with a US citizen spouse legally resident in Canada. The only problem with this in Canada is I believe -but I may be wrong- that it is processed only through Montreal. The Greencard (CR-1/IR-1) is processed only through Montreal as well, however the K-3 is processed in Vancouver. There are only 2 US Consulates that do immigration work in Canada - Montreal and Vancouver, so yes you would eventually have to go to Vancouver for an interview if you chose the K-3.

The K-3 is a multiple entry visa that would allow you to go back and forth across the border. Once you activate the visa, you then have to apply for AOS from within the US to regain your green card. The question would come up in an interview about your previous green card, however, if you and your husband had both moved to Canada they would probably accept it as a valid reason. Of course, it will be up to immigration.

The CR-1/IR-1 is the green card. Once it is obtained and activated it is the same as for any other permanent resident - you would be able to cross the border without a problem. The difficulty may be in crossing the border prior to receiving and activating the IR-1- again, someone with experience in going that route will be better able to answer.

Unfortunately, yes, you will require police certificates from any place where you have lived for more than 6 months after turning 16 (I believe it is 16) so you will probably need the clearance from the UAE. There are individuals here who post on the ME/NA forum who might be able to give you some direction about how best to obtain it.

You will need to obtain a medical but there may well be a panel physician closer to where you live. The Consulate will provide you with a list of doctors in BC who are authorized to perform the physical.

I don't know about filing the I-130 - someone else will have to respond to that. Good luck.

[Flames9_RN 358]

OOps, i read it incorrectly, I thought neither werea US citizen!! Not enough coffee!! Looks like DCF may be a good option and the interview would be in Montreal if you do DCF. You would be doing a cr-1 (married less than 2 yrs) or Ir-1 (married more than 2) And Mtl is th eonly place that noes the cr-1 or ir-1 interviews for Canada. Going the DCF route is usually faster than just going the normal K3 or cr-1 route.

[girl 37 7]

You can get your physical done in Calgary if it's closer.

[Canook 0]

Wow times have changed! When I got my greencards in Canada many years before, I was able to get it a the consulate in Toronto, when I lived there, and in Calgary, when I lived there. Now they make everyone go to only Vancouver or Montreal? Geee that's awful. Anyway, if that's the case, then I guess I'll go the K-3 route at the Vancouver consulate as I don't want to have to travel all the way to Quebec.

Thanks!

[Flames9_RN 358]

If you can go the DCF route it is usually the fastest way, and thats still around 6 months I belive