Which Visa is Best while we wait for our I-130? (US citizen immigration through marriage both living in Canada)

[shad892 1]

Hi guys,

 

Me and my wife are currently residing in Canada and got married here. I am an American citizen and am sponsoring my wife through marriage and the i-130 to come back to the US. We desire very much to start our lives in the united states while we wait for this process. We have no kids. Initially we thought our only option was through consular processing here but now we are left wondering if there was any other better way to move to the US now by using a visa while we wait for the immigration process to finalize.

 

Appreciate any insight!

 

Thank you!

Edited December 3, 2023 by shad892

[OldUser 6,891]

If you're outside of the US, there's no other way, other than consular processing.

 

If you have exceptional circumstances, you could explore Direct Consular Filing (DCF), though Canadians can clarify if it's a viable option.

 

 

Coming to the US on a non-immigrant visa with intent to adjust status is immigration fraud, which can make the immigrant inadmissible. Also, AOS tends to be slow and painful for the immigrant, as they cannot leave the US or work for extended periods of time. Again, this is not an option if you're outside of the US now.

 

Edited December 3, 2023 by OldUser

[powerpuff 6,736]

DCF, if qualified, would be the best option. However, did you already file I-130 with USCIS?

[SalishSea 17,928]

16 minutes ago, shad892 said:

Hi guys,

 

Me and my wife are currently residing in Canada and got married here. I am an American citizen and am sponsoring my wife through marriage and the i-130 to come back to the US. We desire very much to start our lives in the united states while we wait for this process. We have no kids. Initially we thought our only option was through consular processing here but now we are left wondering if there was any other better way to move to the US now by using a visa while we wait for the immigration process to finalize.

 

Appreciate any insight!

 

Thank you!

There is no way around waiting.   Canadians cannot live in the U.S. without an immigrant visa.

[shad892 1]

Thank you for your replies. It just seems odd to me that there is a Visa specifically for a foreign spouse which allows them to stay in the country and get married within 90 days and there is no option for a married citizen to come to the USA with the foreign spouse and file concurrently in the US. It just seems like wasted time to wait two years abroad when you are guarenteed a greencard through marriage with a citizen. 

Edited December 3, 2023 by shad892

[SalishSea 17,928]

3 minutes ago, shad892 said:

Thank you for your replies. It just seems odd to me that there is a Visa specifically for a foreign spouse which allows them to stay in the country and get married within 90 days and there is no option for a married citizen to come to the USA with the foreign spouse and file concurrently in the US. It just seems like wasted time to wait two years abroad when you are guarenteed a greencard through marriage with a citizen. 

You do realize that the wait time for K-1 is about the same for CR-1, right?

 

Entering the US on a nonimmigrant visa with the intention of staying and adjusting status is illegal, whether or not you’re married to a USC.

 

No one is guaranteed a green card.

[OldUser 6,891]

27 minutes ago, shad892 said:

Thank you for your replies. It just seems odd to me that there is a Visa specifically for a foreign spouse which allows them to stay in the country and get married within 90 days and there is no option for a married citizen to come to the USA with the foreign spouse and file concurrently in the US. It just seems like wasted time to wait two years abroad when you are guarenteed a greencard through marriage with a citizen. 

You mean K-1? Those are special types of visas to come to the US and get married. They have some drawbacks too: inabiltity to travel outside of the US and inability to work for a long period of time. CR-1 visa is superior in this sense: once an immigrant enters, they can instantly work and don't have issues travelling internationally.

 

21 minutes ago, SalishSea said:

No one is guaranteed a green card.

If I could I'd install a monument with this sentence written in gold.

Edited December 3, 2023 by OldUser

[Lil bear 4,252]

19 minutes ago, shad892 said:

Thank you for your replies. It just seems odd to me that there is a Visa specifically for a foreign spouse which allows them to stay in the country and get married within 90 days and there is no option for a married citizen to come to the USA with the foreign spouse and file concurrently in the US. It just seems like wasted time to wait two years abroad when you are guarenteed a greencard through marriage with a citizen. 

No spouse is guaranteed a green card. Whether the processing us done in the US following entry as a fiancé or while overseas as  Cr/iR 1 immigrant visa .. the process is what determines if the spouse is granted LPR status. Immigration into the US and the path to LPR status is going to take up to 2 years either way. 
 

Its hard facing this reality when you’ve made the decision and are planning live in the US .. But its what we all have to accept and go through   😓. Rethink the waiting time .. it doesn’t have to be “ wasted” .. is it a delay? Yes. But delay doesn’t mean wasted. It How long it will take  is out of your control.. But how you “ wait” Is yours to control. 
 

i wish you a fruitful positive waiting 

[appleblossom 2,694]

1 hour ago, shad892 said:

It just seems odd to me that there is a Visa specifically for a foreign spouse which allows them to stay in the country and get married within 90 days 

 

And as said above, it take the same amount of time for that visa as yours will anyway - but at least with the CR1, your spouse will be able to start work and travel straight away. So it's the better route by a mile IMO. 

 

But if you want to move sooner, another option would be to see if your wife may be eligible for another type of visa i.e. an employment based one. Depends on what she does, her education level, how in demand her skills are, but possibly something else to look at - just make sure that if she does go down that route it won't be an issue if she's applied for an immigration visa too (not all are dual intent). 

 

Good luck. 

[Boiler 45,673]

Usually the best bet is a transfer with her current employer to their US operation, L1, that can be very quick and is dual intent.

[Crazy Cat 41,981]

2 hours ago, shad892 said:

It just seems like wasted time to wait two years abroad when you are guarenteed a greencard through marriage with a citizen. 

Sadly, there is no visa which allows you to live in the US while waiting for the I-130 process.  K-3 visas are just not issued much at all.  Right now, there are almost 2,000,000 petitions (I-130s) waiting in line to be reviewed.  See the report I linked below.  Every one of them has to be evaluated by a human.  In total, It will take about 18-24 months for the entire process to be complete for a spousal visa.  There is no guaranteed Green card for anyone.  Welcome to Visa Journey, and good luck.  The immigration process is quite a ride.  

 

Number of Service-wide Forms Fiscal Year To Date (uscis.gov)

Edited December 3, 2023 by Crazy Cat

[FromTheHills 11]

Look into the K-3 Visa

 

File the i-129F

 

At best you get the visa and get in quicker.

 

Will most likely get denied. But will speed up the CR-1

 

At worst it does nothing.

 

You've got nothing to lose it's free

 

[Ryan H 3,813]

Moved from What Visa Do I Need - Family Based Immigration forum to IR-1/CR-1 Process & Procedures.

[carmel34 3,639]

17 hours ago, shad892 said:

Hi guys,

 

Me and my wife are currently residing in Canada and got married here. I am an American citizen and am sponsoring my wife through marriage and the i-130 to come back to the US. We desire very much to start our lives in the united states while we wait for this process. We have no kids. Initially we thought our only option was through consular processing here but now we are left wondering if there was any other better way to move to the US now by using a visa while we wait for the immigration process to finalize.

 

Appreciate any insight!

 

Thank you!

Two options to consider:

 

1.  DCF (direct consular filing) spousal visa, this might work if you have a job offer in the US.  DCF is up to the US Consulate, Montreal at their discretion.  It's much faster than the regular route (a few months typically), and begins by contacting Montreal with evidence of the US job offer for the US citizen.  If they accept, the I-130 petition would go directly to Montreal for consular processing.

2.  Regular spousal visa.  If DCF does not work, you begin by filing an I-130 petition with USCIS as the first step.  This can be done online.  The process from filing the petition to a visa interview in Montreal will take 1-2 years.

 

Either way, you can continue to live together in Canada while waiting for the process, at least until a few months before the visa interview, when you will need to show that you have established domicile in the US.  Montreal is very strict on this requirement.  Most US citizen spouses move to the US a few months before the anticipated visa interview for their Canadian spouse, to get a job and establish a residence in the US.

 

Good luck!

[Crazy Cat 41,981]

7 minutes ago, carmel34 said:

The process from filing the petition to a visa interview in Montreal will take 1-2 years.

In another thread, the OP is also asking about filing an I-601 for vax waiver.  That will delay the process for a long as a year or more after the interview.