CanadianButterfly

HAPPY- Canadian_Butterfly

(going to visit the hubby today, one last time before we start filing. )

Just sos ya knows........there is no requirement for you and your sweetie to stop visiting simply because you have filed your petition. As long as you can establish that you have strong ties to Canada( and he to the US) and will return after your visit, the likelihood of having trouble crossing is minimal. If you have been a regular visitor, your crossing record should show that. We cross at the Bluewater and other than a few odd instances with a certain overzealous US border guard, they barely bat an eye......going on 4 years now crossing every 3- 4 weeks.

anyway........wasnt sure if you knew it was still ok.

have an awesome weekend......enjoy the freakin snow! UGH!

CutienPurg, thanks for letting me know. To tell you the truth I've been REALLY confused about this whole situation. I was told by two different lawyers that you couldn't leave the country until the K-3 Visa comes through, and since so many people on this forum are talking about travelling while their case is pending, I had no idea what was right. But if you're saying that you've been doing this for 4 yrs almost, crossing every 3-4 wks...well that gives me hope! The Bluewater bridge is the same place I cross too...hopefully I'll be fine as well. That makes me and my hubby feel a lot better about this whole visa process.

Happy Easter and thanks again!

Canadian_Butterfly

Success! We are here in Dallas!

The officer asked us where we were going (Dallas) who we were visiting (my husband)... and he said "have a great visit" and that was it!

Glad to hear you made it there w/ no problems Neen_in_Ottawa! I hope you're enjoying your time with your hubby! Happy Easter!

Canadian_Butterfly

(Sad to leave my hubby today....)

As others have said, if you case is reasonably simple and you two are attentive to detail and get a little obsessive over following your process along -- there is no reason to hire an attorney.

I have those attributes, but hired an attorney when we did our K1 in 2005. That firm brought a little peace of mind but really not much value. The value I wanted was in simplifying matters for my (then) fiance) -- and they didn't do that. We had to be all over the visa application part of the process.

Now our situation is slightly more complex, since we did use the K1 last year but didn't get married at that time. (Her choice, that is, the beneficiaries choice, and it made sense at the time.) When we decided to proceed with marriage and relocation, we did consult with immigration lawyers because of IMBRA. (That, Canadian_butterfly, is something you almost certainly don't need to worry about for a variety of reasons. The only exception -- did you ever come here before on a K1 visa? You didn't, so, you don't need to worry about IMBRA.) We got different advice from different attornies, and folded it all into our evolving plan. We opted to get married and are following a K3 path (although we might decide to activate the CR-1 after all once the I-130 is complete.) Our situation is now more complex, but we are proceeding without retaining an attorney. I don't think we'll regret that decision -- but we don't yet have our visa in hand, either!

You've seen aspects of why this board is good in action. Earlier in this thread, there was some not accurate information provided and it was quickly corrected, more than once. And the fellow took the correction with good spirits. That's the way it normally is here. The self-correcting nature of information provided on this board is one advantage that it can have over an attorney, who has this mantle of expertise conferred upon him by society but who, in any specific case, operates rather privately, without the opportunity for good peer review and correction. This is a good board, which is impressive given that a lot of us are feeling stress because of prolonged separation from someone very special to us.

Good luck.

Good advice novotul, thank you.

I do not have a complicated case, nor have I been to the U.S. on a K-1...So I guess for me, it is pretty straight forward. And you're absolutely right, people on here have the chance to be corrected, if need be...And it's done in a "nice" way, as apposed to some of the other discussion forums out there. It's also a good support system since everyone is going through the same thing as you, so I like that as well. From another forum I was told about VJ, so I'm glad I decided to check it out!

Thanks again to everyone,

HAPPY- Canadian_Butterfly

(going to visit the hubby today, one last time before we start filing. )

So through all the advice and after seeing some of the forms we'll need to fill out, I think we're going to try doing it ourselves...ahem with all of your help on here ofcourse!

So I'm sure I'm going to have a lot more questions for all of you down the road. Thanks for all the advice and help thus far!

Canadian_Butterfly

Congratulations Webber!

Canadian_Butterfly

Aww that's so sad. I'm sorry that that happened to you.

But I'm sure you'll have good news to share with everyone soon!

I'm sure it's hard to tell your husband now, but just look at it this way...At least you'll get the support that you need from the one that matters most to you! I'm sure he'll make you feel better!

Canadian_Butterfly

Thanks for the "likeliest scenario," I appreciate that CutienPurg.

By the way are you from MI and your spouse from Canada? I'm from Canada and my spouse is in MI...I'll be moving there once I get through with everything. I just thought that was an interesting coincidence...If that's the case.

Did you use a lawyer by the way, or are you doing it yourself?

Canadian_Butterfly

Cool Beans!!!

I am from Michigan

No we didn't use a lawyer. Our case is pretty straight forward. We have had our stumbles but I've learned a lot around here. If we had it to do again, we would have for surely just gone through the CR-1 process and skipped the k-3 all together.

If you haven't been by the Canada forum , you really should check it out . So much info pertinent to the 2 consulates,leaving Canada etc

http://www.visajourney.com/forums/index.php?showforum=93

CutienPurg...thanks for letting me know, and sending me the link. Hopefully that will help. Can I just ask you, you said if you had to do it again you would have skipped the K-3, why is that?

Canadian_Butterfly

**Can someone please help me make sense of this? (Sorry if I'm asking stupid questions here, I've been reading too much and I'm just confusing myself more and more.) ** ...I didn't even see the forms for the CR-1 visa.

Oops. That is not your error, it is the Guide's. The K-3/IV relationship has changed very recently and isn't well defined.

Currently, when you file the I-129f for a spouse (after filing I-130), USCIS approves the I-129f (and often the I-130) on its normal schedule and sends it along to the NVC. However, instead of also sending the approved I-130 to NVC to start normal IV processing, it is held in the US.

The expectation is that you will use the approved I-129f toward a K-3 visa, the immigrant spouse will come to the US as a non-immigrant (K-3) and apply to Adjust Status/AOS/(I-485) from inside the US. This means an additional 6+ months of processing to become a Permanent Resident and the additional expense of a work permit. The benefit is that you get to be together, in the US, potentially sooner than you would if you waited for the slightly longer Immigrant Visa process.

Which is what CutienPurg just posted.

There are no forms for a CR-1 visa, because it is an Immigrant Visa--that's the official name that you'll find at uscis.gov and travel.state.gov (2 important sites for you).

Sorry about all the abbreviations, too. We use a lot of them. There is a dictionary here: http://www.visajourney.com/forums/index.ph...page=definition

THANK YOU! THANK YOU meauxna!

That is much clearer to me now. And that dictionary....Thank you greatly for that!!! Since I'm new I have no idea what people are saying to me half the time or what I'm reading on other threads. LOL (Silly me!)

I'm definately going to check that out right away to make more sense of things!

Canadian_Butterfly

The likeliest scenario will be that once your petition for the K-3 is received, both the I-130 petition and the I-129F will be sent to the same service center to be processed together. More than likely they will also be approved together. Once they are approved, unless you clearly indicated that you wish for consular processing of the I-130, the USCIS will retain the I-130 petition and it will be held at the National Benefits Center(until AOS), the I-129F will be forwarded to the NVC and then on to the appropriate consulate/embassy for K-3 processing. If you decide you would like consular processing of the I-130 after approval, resulting in a CR-1 visa AND you discover it has been retained , you may then file an I-824 requesting your approved petition be forwarded to the NVC. The I-824 comes with a cost of $200.00 and an unknown wait time for processing. It is only after receiving an approval on the I-824 that you may proceed with consular processing of the I-130.

I want to emphasize that this is the likeliest scenario based on the information Ive seen on this board. Nothing is 100%.

Good Luck and Welcome!!!

Thanks for the "likeliest scenario," I appreciate that CutienPurg.

By the way are you from MI and your spouse from Canada? I'm from Canada and my spouse is in MI...I'll be moving there once I get through with everything. I just thought that was an interesting coincidence...If that's the case.

Did you use a lawyer by the way, or are you doing it yourself?

Canadian_Butterfly

Hello everyone.

I have to admit I am still very confused here. I read through the choices that I have and under "Spousal Visa (RI-1 / CR-1)" I see that it states:

"This is basically the 1st half of the K-3 process. If you file for a K-3 you are filing to get an IR-1 / CR-1 by default (filing an I-130) as well as for the K-3. The K-3 was designed to allow the foreign spouse to enter the US even if the I-130 has not been approved. In most cases this works out well since the I-130 takes so long to approve and the K-3 is relatively fast. In some cases the I-130 is approved fast enough though that this option is better then a K-3 (or if the applicant applied for a K-3 -- i.e. filed an I-129f -- then they can abandon the K-3 and pursue the IR-1 / CR-1 instead)."

...From that it seems like you are automatically applying for the CR-1 when you apply for a K-3 visa. Or, at least it looks like you can apply for both and see which one comes through first and go with that. Maybe I'm reading it wrong and misunderstanding completely.

**Can someone please help me make sense of this? (Sorry if I'm asking stupid questions here, I've been reading too much and I'm just confusing myself more and more.) ** ...I didn't even see the forms for the CR-1 visa.

Thanks again guys, I really appreciate all the help.

Canadian_Butterfly

Thanks again to all, this is great help!

I'm taking it all in, everything you guys have to say!

Canadian_Butterfly

Go for it Canadian_Butterfly ...

I'm doing it all myself ... with the help of the great people here!

I guess Easter is not so big a deal in the US ... my husband works Friday & Monday!

Ya, I hear you Neen_in_Ottawa...My husband is also working Friday & Monday too. And I think I will try doing it all myself too, with the help of everyone here of course!

Canadian_Butterfly

Plus I don't know 100% which forms I need to look at or start on...

CB, can I recommend that you don't psych yourself out?

There are essentially two choices you have as an already-spouse of a USC: an Immigrant Visa (CR/IR) or a K-3. Each has different benefits and drawbacks that will depend entirely on your specific situation.

Starting here is good: http://www.visajourney.com/forums/index.ph...mp;page=compare

Skip the K-1 stuff, and disregard DCF unless your USC spouse also lives in Canada.

That narrows it all down some, doesn't it?

Thanks meauxna! That does indeed narrow it down some! Since you said that there are benefits and drawbacks to both then I'll just have to read through and figure out which one is best for me. ...Or do you apply for both?

Canadian_Butterfly

You poor lil thing Canadian Butterfly ... don't stress .... there are bigger problems in the world! This forum has better information, real life examples .. better than a lawyer can offer! You'll get through it! Stay strong!

I don't have a K3 ... have filed but haven't been approved yet!

I like living on the edge ... I'm going for it!

Good response Neen_in_Ottawa!! I love it! You live on the edge... and you go for it!! LOL

I think I'm going to go for it this weekend too! I won't let the chance of being denied ruin my weekend and chances of being with my husband.

I think this site will help me figure out what's actually right and what is just WRONG!

Canadian_Butterfly

By the way Neen_in_Ottawa are you going through a lawyer or doing it yourself with the help of this site?

Canadian_Butterfly

Wow you guys are great on here! With your help I probably could do it myself. I know that it's my husband that has to file for me since he's the American citizen, but of course he would have me do all the paper work anyway... LOL

The only thing is I've heard some horror stories of people having their whole application sent back to them and denied...had to start over and everything just because they forgot one thing or did something minor incorrect. I don't want that to happen to me. I wonder if I were to do everything myself if I should just have a lawyer read it over before I send it in, or if that's even necessary.

Like I said you're replies are really helping, so thanks a lot and keep them coming!

Canadian_Butterfly

If you need someone to look over your documents and also want to save a few $$ send your application to me.. I'll only charge you 10% of what a lawyer would charge

Seriously though, when you look at the documents that need to be filled out.. even a 10 year old can fill it out. Just double check and triple check your own work and you should be fine

Hahaha ... I'll keep you in mind when I get through it Devblt. To be honest I haven't even looked at the actual forms as yet...I think I'm just psyching myself out. Plus I don't know 100% which forms I need to look at or start on...I'm a confused butterfly. LOL

Canadian_Butterfly

Neen_in_Ottawa... I get nervous too EVERY time I get near the border or even going to fly over. I feel so sick to my stomach! They make you feel like you did/are doing something wrong when you're not! It's horrible that we have to feel that way, when we just want to see our husbands! It's hard enough being away from them!

All the best with getting through at the airport, I'm sure you'll be fine since you'll have all that info. and you have a return flight. For me on the other hand, it could be harder.

Please let us know after your visit if everything went alright! Good Luck!

Canadian_Butterfly

I guess I really must be getting the wrong informtion from the lawyers I've been speaking to and even the immigration officers at the border...Because I was really under the impression that if you're denied entry into the U.S. that it doesn't help your application for the visa, as well you can't keep entering the U.S. (I don't know what you would have to do to get back, but that's what they were telling me.) Also the lawyers told me I can't travel-go to the U.S. or even leave Canada for at least 6 months, until I get that K-3 visa. They told me once that's approved then I could go back and forth but until then don't leave or that cancels the petition. AAAAAAAHHH I don't know what's right now!

Neen_in_Ottawa did you already get this K-3 visa and just waiting on something else now? I'm so confused about everything. This stress is going to kill me...

Thanks for your help everyone!

Canadian_Butterfly

**Just a note...I got stopped the night of our 1 yr wedding anniversary Feb 4th going across the border with my husband and they did eventually let me go but the guy said that he'd flag me and if I didn't put through my papers while I was visiting my husband in the U.S. then I would be denied entry the next time I tried to enter. That's why I too am worried about crossing the border this weekend. I don't know if the immigration officer was just trying to scare me or if I'm really flagged in the system. **

Wow you guys are great on here! With your help I probably could do it myself. I know that it's my husband that has to file for me since he's the American citizen, but of course he would have me do all the paper work anyway... LOL

The only thing is I've heard some horror stories of people having their whole application sent back to them and denied...had to start over and everything just because they forgot one thing or did something minor incorrect. I don't want that to happen to me. I wonder if I were to do everything myself if I should just have a lawyer read it over before I send it in, or if that's even necessary.

Like I said you're replies are really helping, so thanks a lot and keep them coming!

Canadian_Butterfly

Wow thanks everyone! Everyone on here seems so nice!

This site really seems like it will be able to help me...Right now I'm like a crazy person up till all hours of the night reading whatever I can about immigration, border crossing, visa's... My eyes burn now! LOL

We will consider what everyone has to say, to help us make our decision. If anyone has any other information about this, that would be really appreciated as well.

Thanks again everyone!

Canadian_Butterfly

Hello Everyone,

I'm new to this site and I appologize in advance if someone has already asked this question. I have been reading through different threads trying to see if I saw my question posted already, but I didn't see it.

I am Canadian citizen and I'm married to an American citizen for over a year now. We're planning on filing for my K-3 ASAP, however we're not sure if we should go through an immigration lawyer for this...or just do it ourselves. Any advice on this would be great, from people that did use a lawyer/didn't use a lawyer.

Thanks everyone!

Canadian_Butterfly

Hello everyone!

I'm new to all of this. I'm a Canadian citizen and have been married to an American citizen for over a year. We haven't applied for my visa as yet as we're just trying to do research first to figure out how we go about filing everything while I'm in Canada.

I'm just curious/confused...Is everyone saying that they have been travelling back and forth while waiting for their K-3 visa's to go through? I was under the impression that you couldn't leave the country until the K-3 visa was approved. Am I mistaken? (I'm sorry maybe it's something else you're talking about, and I'm coming up with my own ideas. Like I said though I'm new to all of this, so please be patient with me.)

**I too would like to go visit my husband for the long weekend and I'm wondering if any of you know what happens if you're denied entry even before you start applying for the visa? Does that ruin your chances of having it approved? How does it affect your application?

Thanks in advance everyone for you patience and advice!

Canadian_Butterfly

By the way, I agree with having as much information to prove that you're coming back and that you're only going for a visit. Good luck with getting across and enjoy your time with your husband!