Hi there, I'm a US Citizen, married to a Canadian. We are determining the process to move to America together and wanted to play out a summary understanding. We've selected the Northwest for the convenience of travel for any visa requirements.
I've seen people weighing in the pro's and con's of K-3 vs CR-1. Our consideration weighs more towards our ability to see each other regularly and both be working. I've stripped down my summary and the other steps to be brief!
K-3
- Apply the I-130
- Apply the I-129F -> indicate desire for K-3
- My spouse arrives, applies for EAD and AOS
- We work and live until the AOS is approved
"Alternately, if prior to filing for AOS the K-3 Visa Holder has their underlying I-130 petition approved by the USCIS they may instead (of filing for AOS) choose to return to their consulate abroad to interview and obtain an IR-1 / CR-1 Visa."
- In this case - she can interview with the consulate, drop the K-3 and grab the CR-1
*Longer time, more money. Less distance
CR-1
- Apply the I-130 and follow this stream.
- My spouse visits (as I understand is possible, within a level of scrutiny) provided a statement of employment, residence, and or NOA1 (with no intention to immigrate, while waiting for the CR-1).
*Slightly less time, harder to visit, a little less money.
Extra Considerations:
-As I've spent more time in Canada, before and after the wedding, this year, My income will not reflect my total earning potential. However, my spouse has property they may liquidate as an asset, coinciding with a joint sponsorship (any experience in this?).
-She also is available to consider schooling during this time.
I present this, in case it reflects on the timing or other options / barriers. In consideration of my advanced return to America, resuming a normal wage earning life.
K-3 vs. CR-1 Considerations Married Canadian American
in What Visa Do I Need - Family Based Immigration
Posted · Edited by gbiggs
Hi there, I'm a US Citizen, married to a Canadian. We are determining the process to move to America together and wanted to play out a summary understanding. We've selected the Northwest for the convenience of travel for any visa requirements.
I've seen people weighing in the pro's and con's of K-3 vs CR-1. Our consideration weighs more towards our ability to see each other regularly and both be working. I've stripped down my summary and the other steps to be brief!
K-3
- Apply the I-130
- Apply the I-129F -> indicate desire for K-3
- My spouse arrives, applies for EAD and AOS
- We work and live until the AOS is approved
"Alternately, if prior to filing for AOS the K-3 Visa Holder has their underlying I-130 petition approved by the USCIS they may instead (of filing for AOS) choose to return to their consulate abroad to interview and obtain an IR-1 / CR-1 Visa."
- In this case - she can interview with the consulate, drop the K-3 and grab the CR-1
*Longer time, more money. Less distance
CR-1
- Apply the I-130 and follow this stream.
- My spouse visits (as I understand is possible, within a level of scrutiny) provided a statement of employment, residence, and or NOA1 (with no intention to immigrate, while waiting for the CR-1).
*Slightly less time, harder to visit, a little less money.
Extra Considerations:
-As I've spent more time in Canada, before and after the wedding, this year, My income will not reflect my total earning potential. However, my spouse has property they may liquidate as an asset, coinciding with a joint sponsorship (any experience in this?).
-She also is available to consider schooling during this time.
I present this, in case it reflects on the timing or other options / barriers. In consideration of my advanced return to America, resuming a normal wage earning life.
I appreciate all feedback and weighing in!