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Jessjames14 Apprentice

Jessjames14   3

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Filed: IR-1/CR-1 Visa Country: Canada
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Hello!  
I am Canadian and my husband is (dual - American ) We have been together for 3 years, married for 2, living in Canada. We recently moved to Florida. 
I am now going to file for the spousal visa. 
Few questions:

-I am only allowed to be here for 6 months at a time. Once we file will I be able to stay in the US while it is being processed 

- will this be enough evidence:  our lease agreement with both our names, marriage certificate, pictures, my Florida license, pieces of mail with my name to our US Adress, utility bills etc. 
- is it better to mail the petition in or file online?

thank you!!

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geowrian
geowrian

You can apply for a visitor (B-2) visa, but it's generally not suggested or required for a Canadian. You apply for B-1/B-2 status at the border. It was granted on your most recent entry.  

Crazy Cat
Crazy Cat

The problem is that you appear to be "living" in the US.  Once you exit the US in February, you can not re-enter the US with the intent to remain and adjust status.  In my opinion, you are walking on

Ontarkie
Ontarkie

You have two choices - If you do not need to return back to Canada yes you can adjust inside the US as that was not your intent when you crossed. You cannot leave and then come back to adjust at a lat

pushbrk Grand Master

pushbrk   12,127

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Your husband filing a petition for you does not change your visitor privileges.  You are not authorized to reside or work in the USA.  Start by clicking on the word "Guides" at the top of any page here.

Facts are cheap...knowing how to use them is precious...
Understanding the big picture is priceless. Anonymous

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Jessjames14 Apprentice

Jessjames14   3

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Filed: IR-1/CR-1 Visa Country: Canada
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25 minutes ago, pushbrk said:

Your husband filing a petition for you does not change your visitor privileges.  You are not authorized to reside or work in the USA.  Start by clicking on the word "Guides" at the top of any page here.

Thank you 

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Jessjames14 Apprentice

Jessjames14   3

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Filed: IR-1/CR-1 Visa Country: Canada
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33 minutes ago, pushbrk said:

Your husband filing a petition for you does not change your visitor privileges.  You are not authorized to reside or work in the USA.  Start by clicking on the word "Guides" at the top of any page here.

What is the different between the non immigrant  k3 visa and the CR1 spousal visa

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pushbrk Grand Master

pushbrk   12,127

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1 minute ago, Jessjames14 said:

What is the different between the non immigrant  k3 visa and the CR1 spousal visa

That the K3 is actually not available anymore.  Hasn't been viable for nearly a decade.  Your visa would be IR1, not CR1.

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Jessjames14 Apprentice

Jessjames14   3

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Filed: IR-1/CR-1 Visa Country: Canada
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5 minutes ago, pushbrk said:

That the K3 is actually not available anymore.  Hasn't been viable for nearly a decade.  Your visa would be IR1, not CR1.

We will be married 2 years in April.  However I plan to file this month 

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LilyJ Proficient

LilyJ   1,258

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Filed: IR-1/CR-1 Visa Country: Denmark
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Posted (edited)
8 minutes ago, Jessjames14 said:

We will be married 2 years in April.  However I plan to file this month 

It will still be IR1, since the visa type is based off when you enter the US on your spousal visa, not when you filed. Like said, filing an I130 does not grant you permission to stay in the US past your visitor endorsement

Edited by LilyJ

Our CR1 Journey:

 

USCIS Stage:

  • Feb 14 2019: NOA1 (NSC)
  • July 31 2019: I129f NOA1
  • Sep 19 2019: I129f NOA2 (Denied - 50 days from NOA1)
  • Sep 19 2019: I130 NOA2 (Approved - 217 days from NOA1)

 

NVC Stage:

  • Sep 27 2019: Sent to Department of State
  • Oct 31 2019: Case number received (34 days since sent)
  • Nov 1 2019: IV & AOS fees received & paid
  • Nov 14 2019: IV & AOS submitted
  • Dec 18 2019: All docs accepted, but one additional doc requested (5 weeks from submission)
  • Dec 18 2019: Requested doc submitted
  • Feb 19 2020: Documentarily Qualified (9 weeks from 2nd submission, 14 weeks from first submission)

 

Interview Stage:

  • Mar 11 2020: Interview letter received
  • Apr 1 2020: Interview date
  • Mar 17 2020: Interview cancelled due to COVID-19
  • August 3 2020: Rescheduled letter received, new appointment August 25 2020
  • August 25 2020: Visa approved at interview! (558 days from NOA1)
  • September 10 2020: Embassy received passport in mail
  • September 15 2020: Passport with visa in hand

 

October 11 2020: Arrived in US!

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pushbrk Grand Master

pushbrk   12,127

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1 minute ago, Jessjames14 said:

We will be married 2 years in April.  However I plan to file this month 

Same answer.  The "visa" will be IR1.  You'll be getting the visa about a year and a half from now, in Montreal.  Your husband "files", not you.

Facts are cheap...knowing how to use them is precious...
Understanding the big picture is priceless. Anonymous

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pushbrk Grand Master

pushbrk   12,127

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Posted (edited)
Just now, LilyJ said:

It will still be IR1, since the visa type is based off when you enter the US on your visa, not when you filed. Like said, filing an I130 does not grant you permission to stay in the US past your visitor visa endorsement

Correction.  Visa category is determined by how long married when visa is issued.  It is immigrant status that is determined by when the visa is used, if different than the category issued.

 

Correct that the OP needs to avoid an overstay of her Canadian Visitor Privilege (not a visa).  I don't think it has sunk in yet that she's going to need to be out of the US more than she is in, for the next 18 months or so.

Edited by pushbrk

Facts are cheap...knowing how to use them is precious...
Understanding the big picture is priceless. Anonymous

Google Who is Pushbrk?

A Warning to Green Card Holders About Voting

http://www.visajourney.com/forums/topic/606646-a-warning-to-green-card-holders-about-voting/

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Hawk Riders Rising Star

Hawk Riders   814

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Filed: Citizen (apr) Country: Canada
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Welcome to VJ, @Jessjames14.

Check out the spreadsheet link in the signature line for an idea of the timeframe you and your husband are looking at entering the immigration process. There are no quick routes here, unfortunately.

Check out the Canada portal on the menu options at the top of the page as well...

forum instructions 

 

Montreal IR-1/CR-1 FAQ

 

Montreal IR-1/CR-1 Visa spreadsheet: follow directions at top of page for data to be added

Canada.gif

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Jessjames14 Apprentice

Jessjames14   3

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Filed: IR-1/CR-1 Visa Country: Canada
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1 hour ago, Nitas_man said:

Based on the first post it looks like OP crossed on a visit with intent to immigrate

No I was confused with the k3 visa. It is still posted on the government website. I was under the assumption that once filed, we can apply for an early entry while the petition is being processed.  I will be going back to Canada after the 6 months is up.  

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geowrian Grand Master

geowrian   22,335

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4 minutes ago, Jessjames14 said:

No I was confused with the k3 visa. It is still posted on the government website. I was under the assumption that once filed, we can apply for an early entry while the petition is being processed.  I will be going back to Canada after the 6 months is up.  

Once a visa was obtained* Filing does nothing but start the process.

I think there may have been some confusion as Canada allows you to enter with intent to immigrate so long as they believe you will leave if denied. The US has no similar provision, at least not for the majority of NIVs (there are a handful of exceptions).

Timelines:

ROC:

Spoiler

7/27/20: Sent forms to Dallas lockbox, 7/30/20: Received by USCIS, 8/10 NOA1 electronic notification received, 8/1/ NOA1 hard copy received

AOS:

Spoiler

AOS (I-485 + I-131 + I-765):

9/25/17: sent forms to Chicago, 9/27/17: received by USCIS, 10/4/17: NOA1 electronic notification received, 10/10/17: NOA1 hard copy received. Social Security card being issued in married name (3rd attempt!)

10/14/17: Biometrics appointment notice received, 10/25/17: Biometrics

1/2/18: EAD + AP approved (no website update), 1/5/18: EAD + AP mailed, 1/8/18: EAD + AP approval notice hardcopies received, 1/10/18: EAD + AP received

9/5/18: Interview scheduled notice, 10/17/18: Interview

10/24/18: Green card produced notice, 10/25/18: Formal approval, 10/31/18: Green card received

K-1:

Spoiler

I-129F

12/1/16: sent, 12/14/16: NOA1 hard copy received, 3/10/17: RFE (IMB verification), 3/22/17: RFE response received

3/24/17: Approved! , 3/30/17: NOA2 hard copy received

 

NVC

4/6/2017: Received, 4/12/2017: Sent to Riyadh embassy, 4/16/2017: Case received at Riyadh embassy, 4/21/2017: Request case transfer to Manila, approved 4/24/2017

 

K-1

5/1/2017: Case received by Manila (1 week embassy transfer??? Lucky~)

7/13/2017: Interview: APPROVED!!!

7/19/2017: Visa in hand

8/15/2017: POE

 

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JFH Grand Master

JFH   12,189

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Filed: Citizen (apr) Country: United Kingdom
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11 hours ago, Jessjames14 said:


 We recently moved to Florida. 

No, you didn’t. You are visiting. Your husband can move whenever he wants. You don’t have permission to “live” in the USA yet. You can only visit. 

Timeline in brief:

Married: September 27, 2014

I-130 filed: February 5, 2016

NOA1: February 8, 2016 Nebraska

NOA2: July 21, 2016

Interview: December 6, 2016 London

POE: December 19, 2016 Las Vegas

N-400 filed: September 30, 2019

Interview: March 22, 2021 Seattle

Oath: March 22, 2021 COVID-style same-day oath

 

Now a US citizen!

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Jessjames14 Apprentice

Jessjames14   3

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Filed: IR-1/CR-1 Visa Country: Canada
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Just now, JFH said:

No, you didn’t. You are visiting. Your husband can move whenever he wants. You don’t have permission to “live” in the USA yet. You can only visit. 

Touché. Pardon my wording 

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