Best Option for Fiance?

[unique135 0]

I am aware that there are many options for US immigration of fiance. However, I am looking for fastest option (of course, everyone does); but I am confused on certain points. I hope you guys could help me out.

Background: My fiancee will be US citizenship in this mid-january, 2009. I am Canadian citizen.

Option 1: K-1 Visa.

As I am aware, this could take 6-9 months on average. The safestes and obvious way for the fiance.

Option 2: K-3 Visa.

She has to come here in Canada and get married soon. Later, she has immediately file for I-130. But is this any faster than K-1? Or has any other benefits except traveling?

Option 3: Marriage-base Immigrant Visa

Again, she has to come here in Canada and get married. Is this faster than K-1/K-3? Or has any other benefits except immediate green card processing? I assume average is 1 year to have green card in hand.

Option 4: Direct Consular Filings in Canada

I read few sites stating DCF in Canada is possible. But does my fiance HAS to be residing in Canada? (Coz she doesn't reside in here)

Option 5: Flight to US and marry

I am aware that this option is a risk and illegitimate but also a so-called loophole. If I stay in US for 2-3 months and then get married and file for adjustment, would be able to avoid the suspicious or is it still risky?

Appreciate your answers and thank you

[payxibka 10,045]

Option 1 theoretically can be started immediately upon the fiance(e) getting citizenship (assuming all the required evidence is gathered)

Option 2 cannot be started until after a marriage event so a natural built in delay (also requires an I-129F)

Option 3 same as Option 2 but only the I-130

Option 4 requires the USC to be legally resident in the foreign country for a minimum of 6 mos, so there is a natual delay there before even considering the logistics of doing it

Open discussion on Option 5 is against the TOS of VJ

Edited December 23, 2009 by payxibka

[Inky 1,110]

There is no mid-january 2009 it will be 2010.

K3 are more expencive and pretty much no one uses thos anymore.

[TracyTN 237]

I am aware that there are many options for US immigration of fiance. However, I am looking for fastest option (of course, everyone does); but I am confused on certain points. I hope you guys could help me out.

Background: My fiancee will be US citizenship in this mid-january, 2009. I am Canadian citizen.

Option 1: K-1 Visa.

As I am aware, this could take 6-9 months on average. The safestes and obvious way for the fiance.

On average - your mileage may vary.

Option 2: K-3 Visa.

She has to come here in Canada and get married soon. Later, she has immediately file for I-130. But is this any faster than K-1? Or has any other benefits except traveling?

K3 can get married anywhere - the US, Canada, or another country entirely. K3s are not generally faster than K1s. They were actually introduced years go because the Immigrant Visas were taking a long time to get, so this option was created. Now, though, they're really no faster than an immigrant visa.

i'm not sure what you mean by 'Later, she has immediately file for I-130'. Read the K3 flowchart again. K3s have to go through adjustment of status when they arrive in the US.

Option 3: Marriage-base Immigrant Visa

Again, she has to come here in Canada and get married. Is this faster than K-1/K-3? Or has any other benefits except immediate green card processing? I assume average is 1 year to have green card in hand.

Again, you can marry anywhere. K1s are generally faster, but Immigrant visas and K3s take nearly the same time. The benefit is no adjustment of status once the alien arrives. Read the guide again.

Option 4: Direct Consular Filings in Canada

I read few sites stating DCF in Canada is possible. But does my fiance HAS to be residing in Canada? (Coz she doesn't reside in here)

I'm sort of a DCF dummy, but generally, the USC has to have lived in the alien's country (and generally have some sort of resident status) in order to be eligible. Each country's requirements are different.

Option 5: Flight to US and marry

I am aware that this option is a risk and illegitimate but also a so-called loophole. If I stay in US for 2-3 months and then get married and file for adjustment, would be able to avoid the suspicious or is it still risky?

No one can answer that for you. It's basically up to the Immigration officer adjudicating your adjustment as to whether or not you had immigrant intent when you arrived. What scares me about this option is if you apply for adjustment and are denied, you have no right to an appeal. The alien simply must return to their home country.

Also, the CBP officer at the point of entry may question your intentions and the alien may never be allowed to enter. You'd have to have the alien show ties to home (apt lease or mortgage, $ left in the bank, employer letter) in order for them to believe you were coming here strictly on a visit and not to marry.

Thus, this option is ONLY for couples who truly had no intentions to marry when the alien arrived. At least in my opinion.

Did you read this at all? http://www.visajourney.com/forums/index.ph...mp;page=compare

Appreciate your answers and thank you

[canadian_wife 1,818]

1. Since you list that you live in Toronto, you'll interview in Montreal. Look at 8 - 12 months because of the backlog in Montreal for interviews. This can be filed immediatly once citizenship is acquired

2. Expensive and does not do you any benefit in saving time. Time is still 8 - 12 months after marriage

3. CR-1: Best in my opinion because it allows for immediate work and travel. Time is slightly longer, about 9 - 12 months after marriage.

Note - since you are marrying in Canada, you will need to wait 6- 8 weeks before filing after marriage so you can send in the marriage cert. The solemnization of marriage is not sufficient, you'll need the registry of marriage or the marriage cert. to file. Since this is the case, the K-1 may be faster for your situation.

4. You cannot DCF unless the USC is a legal resident of Canada. Since she doesn't reside in Canada, you cannot DCF

5. I do not want to get into this debate but from what you say, it sounds like this is your riskiest move

Good luck.

Edited December 23, 2009 by canadian_wife

[unique135 0]

Thank you for your prompt replies and sorry for my noobiness...some had advised me option 5 but I personally don't like that option (its not even a true option). I am trying to understand the process and familiarizing with VJ . I thought I could use help from forums.

Yes, its mid-january 2010.

After checking here, I understand that the overall process of IR-1/CR-1 along with status adjustment is much faster than K-1/K-3 along with status adjustment i.e. having green card in hand. Right? or Am I still missing some point here?

if that so then why not go for IR-1/CR-1? I understand marriage has to be taken place before filing IR-1/CR-1 but that can done in 1-2 months.

[TracyTN 237]

Thank you for your prompt replies and sorry for my noobiness...some had advised me option 5 but I personally don't like that option (its not even a true option). I am trying to understand the process and familiarizing with VJ . I thought I could use help from forums.

Yes, its mid-january 2010.

After checking here, I understand that the overall process of IR-1/CR-1 along with status adjustment is much faster than K-1/K-3 along with status adjustment i.e. having green card in hand. Right? or Am I still missing some point here?

if that so then why not go for IR-1/CR-1? I understand marriage has to be taken place before filing IR-1/CR-1 but that can done in 1-2 months.

You're not missing anything. I explained why the K3 was created in my original post. It's pretty much useless now (as far as I can tell). Its no faster and you have the AOS process to do once the alien arrives. I say pull that band aid off all at once and get the green card in hand before the alien even gets here.

[unique135 0]

1. Since you list that you live in Toronto, you'll interview in Montreal. Look at 8 - 12 months because of the backlog in Montreal for interviews. This can be filed immediatly once citizenship is acquired

2. Expensive and does not do you any benefit in saving time. Time is still 8 - 12 months after marriage

3. CR-1: Best in my opinion because it allows for immediate work and travel. Time is slightly longer, about 9 - 12 months after marriage.

Note - since you are marrying in Canada, you will need to wait 6- 8 weeks before filing after marriage so you can send in the marriage cert. The solemnization of marriage is not sufficient, you'll need the registry of marriage or the marriage cert. to file. Since this is the case, the K-1 may be faster for your situation.

4. You cannot DCF unless the USC is a legal resident of Canada. Since she doesn't reside in Canada, you cannot DCF

5. I do not want to get into this debate but from what you say, it sounds like this is your riskiest move

Good luck.

Thanks this helped

[payxibka 10,045]

You're not missing anything. I explained why the K3 was created in my original post. It's pretty much useless now (as far as I can tell). Its no faster and you have the AOS process to do once the alien arrives. I say pull that band aid off all at once and get the green card in hand before the alien even gets here.

The only real advantage to a K-3 anymore is that you have the ability to "avoid" your country of residence's consulate (if that is your preference). A K-3 interview occurs in the country of marriage (unless the marriage occurs in the USA, then it will be at the country of residence's consulate).

For example, if you are a resident of Canada and you want to avoid Montreal and say you marry in Jamaica, then the interview is at Kingston, Jamaica instead of Montreal (maybe not the best example but you get the idea).

[TracyTN 237]

True - though I would assume in most cases, the couple marries either in the alien's country or the US for family reasons. Could be a bad assumption though.

[payxibka 10,045]

True - though I would assume in most cases, the couple marries either in the alien's country or the US for family reasons. Could be a bad assumption though.

So the concept of "eloping" or destination weddings do not occur anymore?

Avoiding consulates like HCMC, Ecuador etc... might be stronger than family ties

Edited December 23, 2009 by payxibka

[unique135 0]

Thank you guys, I am loving this site.

So far, I am considering between K-1 and CR-1.

As earlier, my main concern is to get green card in hand quickest and not just any visa. I need to consider all sorts of processing, timing and possible delays. My hurry is due to university deadlines that I am planning to attend. If I miss them then I have nothing to do in that time other than work causing delays in our new life

If I apply for CR-1 :

Since my fiancee is from Houston, TX, I assume her I-130 application will be reviewed at Texas Service Centre. Is that right or there is no way to determine this?

Since I am from Toronto, Canada. My interview and other processing will be reviewed at consulate in Montreal, Canada. Right? But, I went through VJ's statistics I found couples that have submitted to Ottawa, Canada. Is Ottawa an option?

once again thanks

[payxibka 10,045]

Thank you guys, I am loving this site.

So far, I am considering between K-1 and CR-1.

As earlier, my main concern is to get green card in hand quickest and not just any visa. I need to consider all sorts of processing, timing and possible delays. My hurry is due to university deadlines that I am planning to attend. If I miss them then I have nothing to do in that time other than work causing delays in our new life

If I apply for CR-1 :

Since my fiancee is from Houston, TX, I assume her I-130 application will be reviewed at Texas Service Centre. Is that right or there is no way to determine this?

Since I am from Toronto, Canada. My interview and other processing will be reviewed at consulate in Montreal, Canada. Right? But, I went through VJ's statistics I found couples that have submitted to Ottawa, Canada. Is Ottawa an option?

once again thanks

No, I believe CSC & VSC are the only two service centers that review family based I-130's

[unique135 0]

No, I believe CSC & VSC are the only two service centers that review family based I-130's

I thought that was true for 129F. But some profiles and their timelines here show Texas as their service centre and even official USCIS processing time information for Texas show I-130 processing time.

Edited December 23, 2009 by unique135

[Malrothien 6]

CSC/VSC are the only service centers that process CR1 applications.

You would interview at Montreal - the Ottawa filings are direct consular filings.