Is the K3 a better option?

[MargotDarko 0]

So, if I'm understanding, you officially put a hold or stop on the K1 process, right? And you would like to be in the US in about a year, correct? If yes to both of those, you should consider getting married ASAP and going for a CR1 immigrant visa, which would result in a two-year green card for you when you entered. It should take about a year to get, but it has huge advantages over the K visas - no adjustment of status and immediate authorisation to work upon entry, no faffing about with advanced parole or anything. You would only have to remove conditions 90 days or less before the two-year green card expired.

Where can I find more info on the CR1? And I won't be able to visit him in the US between now and then, right? But he shouldn't have any trouble coming here? I'm concerned about the current timelines with it though, since it seems like a much longer wait and Montreal is very very backed up for interviews. I know I'm being pesky, I just want to try to make the best decision for us.

Try clicking on the word, "Guides" at the top of the page.

Most Canadians are successful at visiting their USC petitioners during the visa process. There are lots of threads about that. Sometimes it comes up more than once a day.

I know about the guides, since I have filed a K1 before, and I know that generally it's okay to visit, but the "compare which visa you want/need" on VJ said that generally you can't visit your USC spouse. I was just looking for confirmation on that, because my SO's cousin is getting married in October and I'm a bridesmaid, which could cause some problems if I can't go to the US.

Also, I have read here that the proper way about things is to send the I-130, then the I-129, but I have also read that some people send everything at once. Which way is best? Also, Is it true that I can start filing a K3, and then if the CR1 becomes a better option, I can switch over without any time lost? Any notes on that?

Please provide a link to the place where it says you can't visit. It should be fixed. As long as you have proof of your ties to Canada (job, lease/mortage, etc), and proof that you're returning (such as ticket if you come by plane) you should be fine. Just don't give them any reason to think you're going to stay. There's nothing wrong at all with visiting and then leaving.

You cannot send the I-129f at the same time as the I-130. You need confirmation of receipt for the I-130 before sending the I-129f.

If you start filing a K3 and it goes to NVC before the I-130 does, you cannot switch without losing time time and money.

If you get married and file the I-130 within the next couple of weeks, there's really no need to consider the K3 as you want to move to the US in June of 2008 and you should have a CR1 by then.

[Lady Amorika 0]

Please provide a link to the place where it says you can't visit. It should be fixed. As long as you have proof of your ties to Canada (job, lease/mortage, etc), and proof that you're returning (such as ticket if you come by plane) you should be fine. Just don't give them any reason to think you're going to stay. There's nothing wrong at all with visiting and then leaving.

You cannot send the I-129f at the same time as the I-130. You need confirmation of receipt for the I-130 before sending the I-129f.

If you start filing a K3 and it goes to NVC before the I-130 does, you cannot switch without losing time time and money.

If you get married and file the I-130 within the next couple of weeks, there's really no need to consider the K3 as you want to move to the US in June of 2008 and you should have a CR1 by then.

My worry with the CR1 is the backlog in Mtl, where it's taking 6 months to get an interview from the time that everything else is set, and the timelines here on VJ show the whole process taking more than a year here in Canada as it is. I fear that the backlog will only get worse in Mtl, as it has in the last few months.

Also, we can't get married quite yet, as I am waiting on both my license and my passport to come in (everything all at once!) and my provincial ID expires on my birthday, so I'm without photo ID for awhile, which is required to marry in NY State. So, I'm currently stuck and worried about the timeline that would be required for the CR1.

[MargotDarko 0]

Please provide a link to the place where it says you can't visit. It should be fixed. As long as you have proof of your ties to Canada (job, lease/mortage, etc), and proof that you're returning (such as ticket if you come by plane) you should be fine. Just don't give them any reason to think you're going to stay. There's nothing wrong at all with visiting and then leaving.

You cannot send the I-129f at the same time as the I-130. You need confirmation of receipt for the I-130 before sending the I-129f.

If you start filing a K3 and it goes to NVC before the I-130 does, you cannot switch without losing time time and money.

If you get married and file the I-130 within the next couple of weeks, there's really no need to consider the K3 as you want to move to the US in June of 2008 and you should have a CR1 by then.

My worry with the CR1 is the backlog in Mtl, where it's taking 6 months to get an interview from the time that everything else is set, and the timelines here on VJ show the whole process taking more than a year here in Canada as it is. I fear that the backlog will only get worse in Mtl, as it has in the last few months.

Also, we can't get married quite yet, as I am waiting on both my license and my passport to come in (everything all at once!) and my provincial ID expires on my birthday, so I'm without photo ID for awhile, which is required to marry in NY State. So, I'm currently stuck and worried about the timeline that would be required for the CR1.

Oh geez, I didn't know the backlog in Mtl was that bad. I can see why you're concerned in that case! And then also the logistics of not being able to marry right away.

In that case, your best bet is probably to marry as soon as you can, file the I-130 and then file the I-129f as soon as you get NOA1. That will definitely be more expensive (especially with the new fees coming into place), and you'll lose three months of working time in the US, but you would be able to move there in June 08 when you'd like to.

[Lady Amorika 0]

Please provide a link to the place where it says you can't visit. It should be fixed. As long as you have proof of your ties to Canada (job, lease/mortage, etc), and proof that you're returning (such as ticket if you come by plane) you should be fine. Just don't give them any reason to think you're going to stay. There's nothing wrong at all with visiting and then leaving.

You cannot send the I-129f at the same time as the I-130. You need confirmation of receipt for the I-130 before sending the I-129f.

If you start filing a K3 and it goes to NVC before the I-130 does, you cannot switch without losing time time and money.

If you get married and file the I-130 within the next couple of weeks, there's really no need to consider the K3 as you want to move to the US in June of 2008 and you should have a CR1 by then.

My worry with the CR1 is the backlog in Mtl, where it's taking 6 months to get an interview from the time that everything else is set, and the timelines here on VJ show the whole process taking more than a year here in Canada as it is. I fear that the backlog will only get worse in Mtl, as it has in the last few months.

Also, we can't get married quite yet, as I am waiting on both my license and my passport to come in (everything all at once!) and my provincial ID expires on my birthday, so I'm without photo ID for awhile, which is required to marry in NY State. So, I'm currently stuck and worried about the timeline that would be required for the CR1.

Oh geez, I didn't know the backlog in Mtl was that bad. I can see why you're concerned in that case! And then also the logistics of not being able to marry right away.

In that case, your best bet is probably to marry as soon as you can, file the I-130 and then file the I-129f as soon as you get NOA1. That will definitely be more expensive (especially with the new fees coming into place), and you'll lose three months of working time in the US, but you would be able to move there in June 08 when you'd like to.

I just feel like there is no "good" option, you know? I want to have multiple entries, and I want it to be the "right" choice, but at the same time we could refile for the K1 today because everything is ready, as opposed to needing to wait to get married in order to file things. I know my passport won't be in for well over a month, and I had to apply for a second birth certificate because mine was needed for the passport, and then my photo ID is expiring, so I needed a new license and when I went to the office yesterday, their camera was broken so they filed for the new license without the photo, so I'll need to wait until it's processed to go get another photo and then wait for the new ID because the photo part is what I need for the marriage license to begin with. And I can't get another provincial ID because I'm living out of province right now. Bah! So much paperwork, and we've had a year, and somehow, we are still so behind.

I feel like if I had researched my other options rather than just mentally sticking with the K1, this would all be so much easier.

As for the link that says that visiting isn't likely going to happen on the CR1 -- http://www.visajourney.com/forums/index.ph...mp;page=compare

It's under the "minuses" for the CR1.

[pushbrk 12,232]

Please provide a link to the place where it says you can't visit. It should be fixed. As long as you have proof of your ties to Canada (job, lease/mortage, etc), and proof that you're returning (such as ticket if you come by plane) you should be fine. Just don't give them any reason to think you're going to stay. There's nothing wrong at all with visiting and then leaving.

You cannot send the I-129f at the same time as the I-130. You need confirmation of receipt for the I-130 before sending the I-129f.

If you start filing a K3 and it goes to NVC before the I-130 does, you cannot switch without losing time time and money.

If you get married and file the I-130 within the next couple of weeks, there's really no need to consider the K3 as you want to move to the US in June of 2008 and you should have a CR1 by then.

My worry with the CR1 is the backlog in Mtl, where it's taking 6 months to get an interview from the time that everything else is set, and the timelines here on VJ show the whole process taking more than a year here in Canada as it is. I fear that the backlog will only get worse in Mtl, as it has in the last few months.

Also, we can't get married quite yet, as I am waiting on both my license and my passport to come in (everything all at once!) and my provincial ID expires on my birthday, so I'm without photo ID for awhile, which is required to marry in NY State. So, I'm currently stuck and worried about the timeline that would be required for the CR1.

Oh geez, I didn't know the backlog in Mtl was that bad. I can see why you're concerned in that case! And then also the logistics of not being able to marry right away.

In that case, your best bet is probably to marry as soon as you can, file the I-130 and then file the I-129f as soon as you get NOA1. That will definitely be more expensive (especially with the new fees coming into place), and you'll lose three months of working time in the US, but you would be able to move there in June 08 when you'd like to.

I just feel like there is no "good" option, you know? I want to have multiple entries, and I want it to be the "right" choice, but at the same time we could refile for the K1 today because everything is ready, as opposed to needing to wait to get married in order to file things. I know my passport won't be in for well over a month, and I had to apply for a second birth certificate because mine was needed for the passport, and then my photo ID is expiring, so I needed a new license and when I went to the office yesterday, their camera was broken so they filed for the new license without the photo, so I'll need to wait until it's processed to go get another photo and then wait for the new ID because the photo part is what I need for the marriage license to begin with. And I can't get another provincial ID because I'm living out of province right now. Bah! So much paperwork, and we've had a year, and somehow, we are still so behind.

I feel like if I had researched my other options rather than just mentally sticking with the K1, this would all be so much easier.

As for the link that says that visiting isn't likely going to happen on the CR1 -- http://www.visajourney.com/forums/index.ph...mp;page=compare

It's under the "minuses" for the CR1.

First, since you are from Canada, I wouldn't worry about your ability to visit during the visa process. We must get that question twice a day here.

It is the conventional wisdom that says you wait for the NOA1 to file the I-129F but we have recent evidence they can be filed together successfully and evidence that an image of the cancelled check is sufficient. Success filing together makes a lot more sense now that the procedures for processing have changed. At this point both petitions are going to end up at the same place anyway. Your I-129F is very unlikely to be mistaken for a fiance petition if it is filed in the same envelope as the I-130. The main purpose of the Chicago PO Box being used for all K3 petitions is to avoid confusing them with K1 petitions.

The safe bet is to wait for the NOA1 but I wouldn't hesitate using the cancelled check as proof. It's only proof that is required, not NOA1 specifically. You make the judgement call.

[ranjithrama 0]

Hey Vikas,

I am in the same boat as you are but one month behind. I was really excited with your approval. Do you send any documents to your wife for the interview in Mumbai from here?

Thanks

Ranjith

[G&A 1]

I agree with most of what has been said above except for the tax explanation. If you choose to go the K-3 route and you get married this year, your husband can not file under single status. He has two options Married filing Jointly or Married Filing Separately. It does NOT matter if you moved to the US or not and the presence test does NOT apply. You are married to a USC and therefore the USC has to file as married. Now since you are a student with no or little income, filing married jointly will give you a significant tax advantage. I am talking several thousands of dollars. You will be considered as resident for tax purposes only and will have to apply for an ITIN along with his tax filings in early 2008.

So in my opinion K-3 is the way to go from a financial perspective.

PS Please consult a tax advisor or call the IRS before making decisions. Also, refer to Pubs 519 & 970.

PSS We chose to go the K-3 route although we started working on the K-1. The key reason was that we were concerned about the non-legal religious ceremony we were planning in Canada. The ceremony will include a church wedding but with no license so it is not a legal wedding but it sure looks like one. We opted for the least risky option which is getting married legally asap and proceeding with a K-3 filing.