Jump to content

MsZ

Members
 View Profile  See their activity

  • Posts

    1,080

  • Joined

  • Last visited

 Content Type 

Posts posted by MsZ

    I-130 & 129F together?

    in K-3 Spouse Visa Process & Procedures

    Posted

    That was wishful. We'll be doing the CR1.

    So... if they never receive an I-129F, they'll know what to do? (And we'll include a cover letter, etc. stating CR-1)

    I'm at the point of foot-dragging because I'm nervous about screwing something up. Sigh... What's the worst that can happen, right? :wacko:

    Donna

    If you want a CR1 visa, simply don't file the I-129F at all. Your timeline says you filed the I-129F today. If so, too late.

    OK. So, if we request this (how?) then they'll just move forward on the I-130 and won't wait for a 129F? We're leaning toward the CR-1 now.

    Donna

    I'll post on the Canadian board...

    I'm not sure I understand consular processing though. Is this the same thing as "direct consular"? If so, we can't have it done in Montreal. If not, could you enlighten me?

    Thanks again. You're always helpful!

    Donna

    No, it's not the same as direct consular. All actual visas receive consular processing. By requesting Consular processing, you are telling USCIS, you actually want a visa instead of having the approved I-130 held for use in your status adjustment process.

    I-130 & 129F together?

    in K-3 Spouse Visa Process & Procedures

    Posted

    OK. So, if we request this (how?) then they'll just move forward on the I-130 and won't wait for a 129F? We're leaning toward the CR-1 now.

    Donna

    I'll post on the Canadian board...

    I'm not sure I understand consular processing though. Is this the same thing as "direct consular"? If so, we can't have it done in Montreal. If not, could you enlighten me?

    Thanks again. You're always helpful!

    Donna

    No, it's not the same as direct consular. All actual visas receive consular processing. By requesting Consular processing, you are telling USCIS, you actually want a visa instead of having the approved I-130 held for use in your status adjustment process.

    K-3 or CR-1?

    in Canada

    Posted

    Was she able to visit the US during that time?

    My wife got her CR-1 visa in about a year and a few months. Looking back I'm glad we did it that way, as she was able to begin looking for jobs right when she got her, and she didn't have to fear anymore long delays from the USCIS for 2 years. Good luck!

    NAFTA

    in Canada

    Posted

    Looks like we blew it by getting married before he got a job. Oh well.

    It does seem like you could fight and possibly win because the TN is not being used for immigration and going through the legal process of a K-3 or CR-1 *would* be used for immigration. However, if the K-3 or CR-1 were denied and the TN were not renewed you'd have to leave.

    Sometimes I think the border guys use hard and fast rules rather than allow nuances. If you are filing all of the appropriate paper, and you qualify, it should be doable. But it is hardly worth the chance of him getting turned away from the country. So far, so good on him visiting the US.

    Thanks for that post.

    http://www.visajourney.com/forums/index.php?showtopic=77345

    Don't know anything about the situation, but this is popping up at the bottom of your thread :) Might be worth a look see.. esp. about immigrant intent!

    K-3 or CR-1?

    in Canada

    Posted

    I can't get to the spreadsheet through work (blocked, grump). I did look through the other thread though...

    I'll check out the spreadsheet tonight.

    Thank you.

    Donna

    We were all ready to file the K-3 (130 and 129F at the same time through Vermont) when it was raised that going CR-1 might be smarter.

    Does anyone have a feeling for the amount of extra delay the CR-1 might cost us going through Montreal?

    Thanks,

    Donna

    Hi Donna,

    You can get a pretty good idea by looking at these two tracking timelines - K3 and CR1 both take longer to interview than say a K1, hard to say which takes longer at this point for the ones you are looking at:

    Liz's K1/K3 timeline to interview

    IR1/CR1 timeline to interview

    NAFTA

    in Canada

    Posted

    NAFTA has a specific list of skills that would let him have a TN VIsa. Not everybody is qualified, and he would also need a job offer. You might want to do some search to get the NAFTA list.

    He's fully qualified. We weren't thinking of having him even look for work here until later but this might be the way to go.

    Thanks!

    K-3 or CR-1?

    in Canada

    Posted

    We were all ready to file the K-3 (130 and 129F at the same time through Vermont) when it was raised that going CR-1 might be smarter.

    Does anyone have a feeling for the amount of extra delay the CR-1 might cost us going through Montreal?

    Thanks,

    Donna

    I-130 & 129F together?

    in K-3 Spouse Visa Process & Procedures

    Posted

    Answering my own question, the CR-1 has the work advantage.

    He's in Ottawa... I wonder what the processing time between the K-3 and CR-1 would be. He's a stellar citizen, no problems in his background. An electrical engineer. Solid history all around. Hmmm...

    OK. Maybe I won't file tomorrow and will wait so I can make a better decision.

    I-130 & 129F together?

    in K-3 Spouse Visa Process & Procedures

    Posted

    I'm sending to Vermont. Which center returned the 129F?

    I'm planning on mailing these out tomorrow... There are some benefits to the CR-1 and the money isn't chump change of course... I know we'll make the 2 years so I don't need to hold anything over him <g>.

    What do you guess is the difference in time to get in the country? I don't really know if a month or 3 matters in the long run but then I guess that also depends on what happens between now and then. If he's given a hard time at the border and I have to do all of the traveling, sooner might be worth the $1K. On the other hand, even if that happens, we're allegedly grownups and can adjust our visit schedule so I don't burn out. (allegedly) ;-)

    What's the overall wisdom these days on this? The reason we did the K-3 over a K-1 is so he wasn't "stuck" in the US as he's got family etc. and needs to be able to go home.

    Is there a "work" advantage between the K-3 and CR-1? If there is, that'd be the real tie-breaker I think, over the money.

    Thanks everyone! (And for the staple advice. That question was bugging me!!!)

    Donna

    Check a bit more on just filing the I-130 and go for a CR-1 immigrant visa.

    K3s process are expensive now and a BIG pain in the butte.

    If you send them both together USCIS will hold back the I-130 and you will have to file a I-824 to continue it being processed.

    There has been one instance here on the K3 forum where the I-129f was returned when both petitions were filed together. One instance does not make a trend and if the I-129F is returned, it will be long before the NOA1 (I-797c) notice is sent.

    The CR1 route is a good option considering the delays in receipting the K3 petions.

    Banking : W-8 form

    in K-3 Spouse Visa Process & Procedures

    Posted

    Simplest thing to do is wait until foreign spouse is here, apply for EAD, use the EAD to get SSN, and then add spouse to your account using the SSN.

    That's true but I'd like him on my accounts now.

    As I understand it, to avoid getting dinged for more taxes than necessary and to be able to have access to my assets should heaven forbid, something happen to me, he'll need a tax ID well before he is here and can get a SSN. That will happen come tax time. But in the mean time, I need a way to add him to my checking and savings accts. and was told that the W-8 is necessary.

    Donna

    I-130 Question : Item 14 Whose employer? His or mine?

    in K-3 Spouse Visa Process & Procedures

    Posted

    Stupid question but since they seem clear (for the most part) as to whether you are filling out the beneficiaries information or your own, is Item 14, Employer, the "foreigner's" or mine?

    Thanks.

    Donna

    The I-130 doesn't ask about the petitioner's employment but if you think question 14 asks about employment, you might have an old version of the I-130. Question 15 for the beneficiary asks about current employer (if any).

    You are right -- item 15. Thanks.

    K1 or K3 - similar question but not quite the same

    in K-1 Fiance(e) Visa Process & Procedures

    Posted

    We're also trying to decide between doing a K1 or a K3 but I'm finding it confusing.

    Here's our situation :

    Me - NY

    Him - Ottawa

    I'd be able to use Vermont which seems positive.

    Also, looking at the processing time between K1 and K3, am I reading it right that there doesn't seem to be much difference at the moment going through Vermont?

    He's got children who will (unfortunately) remain in Canada. Being able to go back "home" will be important.

    Of course, we'd also like for him to be able to work as soon as possible.

    If anyone could make any recommendations, I'd appreciate it.

×
×
  • Create New...