Jump to content
tsanborn

K-3 vs. IR-1 - major confusion!

5 posts in this topic

Recommended Posts

My head is spinning! I've spent the last few days reading the threads and guides here as well as all of the information on the USCIS site and I still can't figure out whether the K-3 or IR-1 would be the best for my scenario. I am hoping I can get some advice here.

The situation:

My husband and I currently live in Canada and he is also a USC. He has been offered a job in San Francisco with a start date of November 1, 2015. We figured that I would follow in a few months, perhaps in January 2016 (if possible) so I can wrap up my job here and deal with finding tenants for our home.

I have read in places that the K-3 is taking so long that is nearly obsolete, but I am not sure of the accuracy of these statements.

I understand at least that Canada no longer has DCF - so what might be the best option for my situation at his point? Ideally we would not be apart for more than those few months. Any insight would be appreciated.

Thanks in advance. :)

Share this post


Link to post
Share on other sites

K3 IS essentially obsolete, if you are on track for an IR1 then chase that visa because it is FAR superior (including much cheaper) than a K3 which will save you no time if issued at all.

File now, I believe (others will correct me since I did not DCF) that an autoexpedite will apply since you are both living abroad.

However, good thing is that with the job offer, Montreal (who is VERY strict about domicile) should have not issue with you guys.

Good luck

PS - not sure where you live but yes, Montreal is the ONLY consulate that can do immigrant visas. Plan for that additional cost if you are out west


USCIS
August 12, 2008 - petition sent
August 16, 2008 - NOA-1
February 10, 2009 - NOA-2
178 DAYS FROM NOA-1


NVC
February 13, 2009 - NVC case number assigned
March 12, 2009 - Case Complete
25 DAY TRIP THROUGH NVC


Medical
May 4, 2009


Interview
May, 26, 2009


POE - June 20, 2009 Toronto - Atlanta, GA

Removal of Conditions
Filed - April 14, 2011
Biometrics - June 2, 2011 (early)
Approval - November 9, 2011
209 DAY TRIP TO REMOVE CONDITIONS

Citizenship

April 29, 2013 - NOA1 for petition received

September 10, 2013 Interview - decision could not be made.

April 15, 2014 APPROVED. Wait for oath ceremony

Waited...

September 29, 2015 - sent letter to senator.

October 16, 2015 - US Citizen

Share this post


Link to post
Share on other sites

Thanks for clarifying on the K-3.

We just received the job offer a few days ago, so we have not begun any of the process at this point in time, although I realize that we need to start this ASAP.

Our concern about the IR-1 is time apart - we have essentially about 6 months at this point in time to when we would like to be living together in the US. I haven't managed to read anything about the auto-expedite. Are the only conditions for this that we are both currently living in Toronto?

Will I be able to travel to visit him while I am in the middle of the immigration process? (Some of what I read on these boards say yes - but again, my head is spinning from information overload and I'm not sure if I'm imagining that.)

Share this post


Link to post
Share on other sites

Realistically, you need to prepare to be apart for a bit longer... Great if everything is processed faster, but better be ready for a wait of 10-12 months before you get the visa. I visited often after we applied - never had a problem (others were turned away, so there is no guarantee, but most of us have visited without incident).

Edited by Boston~Montreal

Share this post


Link to post
Share on other sites

You are looking at 12+ months to get the spousal visa but yes, visiting from Canada during that time should be possible.


Bye: Penguin

Me: Irish/ Swiss citizen, and now naturalised US citizen. Husband: USC; twin babies born Feb 08 in Ireland and a daughter in Feb 2010 in Arkansas who are all joint Irish/ USC. Did DCF (IR1) in 6 weeks via the Dublin, Ireland embassy and now living in Arkansas.

Share this post


Link to post
Share on other sites
 
Didn't find the answer you were looking for? Ask our VJ Immigration Lawyers.

Create an account or sign in to comment

You need to be a member in order to leave a comment

Create an account

Sign up for a new account in our community. It's easy!

Register a new account

Sign in

Already have an account? Sign in here.

Sign In Now
- Back to Top -


Important Disclaimer: Please read carefully the Visajourney.com Terms of Service. If you do not agree to the Terms of Service you should not access or view any page (including this page) on VisaJourney.com. Answers and comments provided on Visajourney.com Forums are general information, and are not intended to substitute for informed professional medical, psychiatric, psychological, tax, legal, investment, accounting, or other professional advice. Visajourney.com does not endorse, and expressly disclaims liability for any product, manufacturer, distributor, service or service provider mentioned or any opinion expressed in answers or comments. VisaJourney.com does not condone immigration fraud in any way, shape or manner. VisaJourney.com recommends that if any member or user knows directly of someone involved in fraudulent or illegal activity, that they report such activity directly to the Department of Homeland Security, Immigration and Customs Enforcement. You can contact ICE via email at Immigration.Reply@dhs.gov or you can telephone ICE at 1-866-347-2423. All reported threads/posts containing reference to immigration fraud or illegal activities will be removed from this board. If you feel that you have found inappropriate content, please let us know by contacting us here with a url link to that content. Thank you.
×