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

[tsanborn 1]

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.

[canadian_wife 1,823]

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

[tsanborn 1]

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.)

[Lemonslice 4,886]

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 July 12, 2015 by Boston~Montreal

[Penguin_ie 5,994]

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