Confused :(

[Jenn and Matt 0]

Well, forgive me as I am reading and writing this at the same time, so it might not make a lot of sense.

I met my fiancee about a year ago through the internet and we were friends for awhile before we both realized we had more then just friendly feelings. He drove from Canada to the United States, we met...fell in love, got engaged and the whole nine yards. Well, we are now as confused on what direction to really head in. We have no idea if we should wait to get married (which we don't really want to do), get married or what. We want to be married as soon as possible for both sides of the family are happy for us and agree with our decision. We just have NO idea where to start....

Can we get married, he stay here and start and get everything situated....

After we get married are we going to have to be apart?

If I went to Canada would we have to go about it differently?

I know I should be reading...I am reading...We are just so lost!

Any help would be amazing.

Thanks again in advance.

[YuAndDan 153]

You can always marry NOW and then file an I-130 for a CR-1 spousal visa, this will save you a lot of $$$

CR-1 has many advantages line an INSTANT green-card upon entry, and costs much less than the K-Visas.

Processing time for a CR-1 is a little longer, but since you live fairly close, visiting each other while immigrant visa is being processed is not hard.

Since USCIS has been apporving I-130 and I-129F on the same date letely, this negates the reason for K-3. K-3 was developed at a time when I-130 was taking a LONG time to be approved, K-3 allowed the prospective immigrant to enter the USA and wait for I-130 approval, so that they can then return to home country for IMMIGRANT visa interview, or adjust status.

Keep the I-130 moving through NVC, this will result in a CR-1 GREEN-CARD IMMIGRANT interview.

K-3 is an OPTIONAL visa for persons who are applying for a CR-1 or IR-1 SPOUSAL IMMIGANT visa.

Since USCIS has been approving both I-130 and I-129F on the same day in K-3 cases, this has essentially eliminated the reason that K-3 was developed (Entry to the USA and waiting for I-130 approval)

Follow the shortcuts and you more than likely can get I-130 to the consulate before K-3 interview.

For the most part CR-1 tends to take a bit longer than K-3 to get if you prepare for NVC when they request I-864 fee, and Visa fee, as well as documents requested by NVC. In many cases the CR-1 petition reaches the consulate just before K-3 interview, which causes K-3 to get dropped and the interview becomes a CR-1 visa interview.

K-1:

($100 more than K-3) ($1596)

K-3:

I-130: $355

I-129F: NONE

Consulate: $131

Adjustment Of Status: $1010 I-485

($1496)

CR-1

I-130: $355

NVC I-864: $70

NVC Visa fee: $400 ($355+$45)

($825)

I see many posts from K-3 holders stating, "Wow this sucks, I am stuck at home because I don't have EAD, DL, etc, or I am having hard time getting added to bank accounts because of NO SSN." K-3 has a 90 day or longer period of limbo while waiting for EAD or Green-card.

K-3 was developed at a time when CR-1 was taking much longer that today, NVC has greatly streamlined the CR-1 process to the point where K-3 becomes irrelevant.

[Ed+Cindy 1]

I second the CR-1 plan.

We filed for a K-1. We had the option a year ago to marry and do a CR-1, but at the time I didn't know the difference. We would much rather have gone the CR-1 route. It will save you lots of money and is a one step visa, rather than the 2 step of K-1/K-3 and AOS. A CR-1 holder has residency privileges immediately on entering the US. A K visa holder will have to wait months in 'limbo' for these.

You are close enough to make frequent visits easy and cheap (compared to travel outside of North America).

This is my opinion though. If your number one concern is living together, the K-1 usually gets a person to the US faster, though without residency status (for the first few months).

[Jenn and Matt 0]

We are living in Tennessee ATM. The new laws for border travel I need to have a valid passport being Canadian, to travel between the United States and Canada. ATM I do not have this. Come June 1st, I will need to. And Alberta to Tennessee is quite the long haul.

I am wondering if there is a way I can prolong my stay, to stay in the USA while this process is being dealt with. I am working on applying for my passport while I am here in the USA as well. I was reading that if I am staying in USA longer than 29 days, there is a file I need to fill out to have extended stay. Have to find more information on this.

Or do I need to leave the country after we are married for the process to work, and just come for visits? I want to stay and live with my wife to be if at all possible.

I was reading the Guide for the CR-1 plan. It said she need's to make 125% of poverty line. As circumstances sit, she has not worked in the last little while and that will not apply. Will this cause problems? It says you can have a co-sponsor, Has anyone gone through this? Is it a big hassle for that 3rd person?

It say's as well a passport is required for the interview process. Like I said I do not have one, and she as well does not have one right now. Will both of us HAVE to get one by the time we have our interview?

Thank you in advance.

[Ed+Cindy 1]

We are living in Tennessee ATM. The new laws for border travel I need to have a valid passport being Canadian, to travel between the United States and Canada. ATM I do not have this. Come June 1st, I will need to. And Alberta to Tennessee is quite the long haul.

I am wondering if there is a way I can prolong my stay, to stay in the USA while this process is being dealt with. I am working on applying for my passport while I am here in the USA as well. I was reading that if I am staying in USA longer than 29 days, there is a file I need to fill out to have extended stay. Have to find more information on this.

Or do I need to leave the country after we are married for the process to work, and just come for visits? I want to stay and live with my wife to be if at all possible.

I was reading the Guide for the CR-1 plan. It said she need's to make 125% of poverty line. As circumstances sit, she has not worked in the last little while and that will not apply. Will this cause problems? It says you can have a co-sponsor, Has anyone gone through this? Is it a big hassle for that 3rd person?

It say's as well a passport is required for the interview process. Like I said I do not have one, and she as well does not have one right now. Will both of us HAVE to get one by the time we have our interview?

Thank you in advance.

You should have passports. I don't think you can travel between the US and Canada by plane without one anymore.

""Alberta to Tennessee is quite the long haul""

I hope you are joking otherwise you will offend many if you say this (including me). Most here would love to have a spouse/fiance that close with travel that cheap.

Many here use a co-sponsor. I think it is pretty straightforward.

Edited May 18, 2009 by Ed+Cindy

[Jenn and Matt 0]

We are living in Tennessee ATM. The new laws for border travel I need to have a valid passport being Canadian, to travel between the United States and Canada. ATM I do not have this. Come June 1st, I will need to. And Alberta to Tennessee is quite the long haul.

I am wondering if there is a way I can prolong my stay, to stay in the USA while this process is being dealt with. I am working on applying for my passport while I am here in the USA as well. I was reading that if I am staying in USA longer than 29 days, there is a file I need to fill out to have extended stay. Have to find more information on this.

Or do I need to leave the country after we are married for the process to work, and just come for visits? I want to stay and live with my wife to be if at all possible.

I was reading the Guide for the CR-1 plan. It said she need's to make 125% of poverty line. As circumstances sit, she has not worked in the last little while and that will not apply. Will this cause problems? It says you can have a co-sponsor, Has anyone gone through this? Is it a big hassle for that 3rd person?

It say's as well a passport is required for the interview process. Like I said I do not have one, and she as well does not have one right now. Will both of us HAVE to get one by the time we have our interview?

Thank you in advance.

You should have passports. I don't think you can travel between the US and Canada by plane without one anymore.

""Alberta to Tennessee is quite the long haul""

I hope you are joking otherwise you will offend many if you say this (including me). Most here would love to have a spouse/fiance that close with travel that cheap.

Many here use a co-sponsor. I think it is pretty straightforward.

I had no intentions to offend. I do apologize if you took it as such. I'm just so baffled. I drove from Canada to Tennessee to be here. I again apologize for offending you or anyone.

[YuAndDan 153]

We are living in Tennessee ATM. The new laws for border travel I need to have a valid passport being Canadian, to travel between the United States and Canada. ATM I do not have this. Come June 1st, I will need to. And Alberta to Tennessee is quite the long haul.

I am wondering if there is a way I can prolong my stay, to stay in the USA while this process is being dealt with. I am working on applying for my passport while I am here in the USA as well. I was reading that if I am staying in USA longer than 29 days, there is a file I need to fill out to have extended stay. Have to find more information on this.

Or do I need to leave the country after we are married for the process to work, and just come for visits? I want to stay and live with my wife to be if at all possible.

I was reading the Guide for the CR-1 plan. It said she need's to make 125% of poverty line. As circumstances sit, she has not worked in the last little while and that will not apply. Will this cause problems? It says you can have a co-sponsor, Has anyone gone through this? Is it a big hassle for that 3rd person?

It say's as well a passport is required for the interview process. Like I said I do not have one, and she as well does not have one right now. Will both of us HAVE to get one by the time we have our interview?

Thank you in advance.

You should have passports. I don't think you can travel between the US and Canada by plane without one anymore.

""Alberta to Tennessee is quite the long haul""

I hope you are joking otherwise you will offend many if you say this (including me). Most here would love to have a spouse/fiance that close with travel that cheap.

Many here use a co-sponsor. I think it is pretty straightforward.

Yep, Rochester to Guilin was an even longer haul, try 24 hours plane travel. Again be thankful you only have one border to cross.

We dealt with 9 months separation while visa being processed.

[YuAndDan 153]

A few questions, on what visa are you in the USA? Are you here as a student?? Did you know your fiancee before you entered the USA?

You could simply marry first and adjust status, as long as your INTENT upon entry was NOT immigrations.

Start HERE: http://www.visajourney.com/forums/index.ph...page=i130guide2

[Kathryn41 3,205]

Did you two intend to marry or were thinking of getting married when your fiance entered the US on this visit? If yes, then he will need to process a visa to the US from outside of the US, although you can visit during the process. If no, then you two have the option to get married now and he can stay in the US to file for Adjustment of Status from a non-immigrant to immigrant.

If you two had the intention of getting married when he entered the US, then you can get married and pursue a CR-1 visa using the proccess Yu and Dan outlined above. He is not allowed to remain in the US and adjust status (that means get permission to stay permanently in the US). To do so is visa fraud - intentionally using the wrong visa (as a visitor) to enter the US to avoid the proper immigration process. It carries significant bans and if he lies about his intentions during the process, can also receive a lifelong ban of ever entering the US - so you don't want to go that route.

If you did not have the intention of getting married when he entered the US and you two decided to get married after he was here, he us allowed to get married then request a change of his status so that he can be allowed to remain in the US. To do that the US partner petitions the government to sponsor the non-US partner by filing an I-130 petition at the same time as the non-US partner files an I-485 application (AOS) to adjust status from a non-immigrant to an immigrant. He can also apply for work authorization and advance parole (travel permission) at the same time as the AOS. Once he files the AOS he cannot leave the US until he receives either a green card or Advance Parole (travel permission), even to visit Canada or even for an emergency back home.

The US partner must make at least 125% of the poverty guidelines or else has a third person who agrees to be a financial co-sponsor. That third person needs to make sufficient income to support the immigrant as well as any other individuals for which they are financially responsible.

If you wish to immigrate to Canada, the process is somewhat similar. The Canadian partner sponsors the non-Canadian spouse to Canada: Here is a link to the process of a spouse moving to Canada: http://www.cic.gc.ca/english/immigrate/sponsor/spouse.asp

Good luck - and be prepared to do a lot of reading and research.

And yes - the Canadian partner will definitely need a passport - not only for travel purposes (especially after June 1), but also it will be required during the immigration process. It is always an excellent idea for any individual who is out of their home country to have a passport.

Edited May 18, 2009 by Kathryn41

[Cuchita 1]

Also consider where you would like to have the ceremony. I have all my family here in the States so I decided to go the K-1 route.

[Sam and Ben 2]

We are living in Tennessee ATM. The new laws for border travel I need to have a valid passport being Canadian, to travel between the United States and Canada. ATM I do not have this. Come June 1st, I will need to. And Alberta to Tennessee is quite the long haul.

I am wondering if there is a way I can prolong my stay, to stay in the USA while this process is being dealt with. I am working on applying for my passport while I am here in the USA as well. I was reading that if I am staying in USA longer than 29 days, there is a file I need to fill out to have extended stay. Have to find more information on this.

Or do I need to leave the country after we are married for the process to work, and just come for visits? I want to stay and live with my wife to be if at all possible.

I was reading the Guide for the CR-1 plan. It said she need's to make 125% of poverty line. As circumstances sit, she has not worked in the last little while and that will not apply. Will this cause problems? It says you can have a co-sponsor, Has anyone gone through this? Is it a big hassle for that 3rd person?

It say's as well a passport is required for the interview process. Like I said I do not have one, and she as well does not have one right now. Will both of us HAVE to get one by the time we have our interview?

Thank you in advance.

Whatever route you proceed with, you will have to look into having a co-sponsor if you cannot meet the 125% mark. That isn't limited to the CR-1, unfortunately, but I haven't heard of too many issues. Just ensure that whoever you use is able to meet that number when taking into consideration all of their dependents (yourself + any children, etc that fall into that category).

Far as the passport, that's where your visa will eventually be stamped, for entry into the US on that ever-awaited POE date. And for us (K1 route), we used his passport in the I-129F form that we mailed to USCIS, simply because we didn't think his short-form birth certificate would suffice, and didn't want to go through the hassle of getting another to replace. It was simply more convenient for us, and made it easier to jump over the border when coming up here (Ontario) to visit.

Edited May 19, 2009 by Sam and Ben