Need Help Deciding on Visa Type

[NBtoPitt 2]

Hey everyone!

I posted in the DCF Canada thread, and some helpful members told me that that thread isn't really used any more. They also gave me some information that made me take a step back. Here is my situation:

My husband and I met in September 2008. We just got married this month. He will be living with me here in New Brunswick, Canada for about six months and will then be going back to Pennsylvania to find a place to live and get a job before his classes start in the fall. Our goal is to have me join him as soon as possible. Of course we want me to be able to go and look for a place to live with him, but from what I've read so far it seems a little unlikely that I'll have my visa by early summer, so what is most important to us is that we are together before school starts.

I thought that since he would be living here for half a year we could do DCF, but on the other thread I was informed that this is doubtful. I'll call the Halifax Consulate just to make sure there's nothing at all we can do to be eligible, but I also won't put all my hopes on it. If we couldn't do the DCF, my next step was to do the K-3. I'm very familiar with the K-3 process now, and thought that it would be the fastest route. But, now I've heard that the CR-1 takes around the same amount of time? Does anyone have personal experience with this? Is it smarter to send in the I-130 in hopes of a K-3 but switch if I get my NOA-2 before my K-3, or should I try directly for a CR-1? Is the CR-1 process much different? Is there anything else I should take into consideration?

All help is greatly appreciated. Thank you all in advance!

[Flames9_RN 358]

I'm soon out the door, others wil chir p in, but since ur on the East coast, your interview will be in Montreal,Thsu that pretty much makes the k3 obsolete as it takes about the same time as the CR-1 and the CR-1 is a far superior visa, and its cheaper!!! k3 at 1 time was a faster route, BUT that hasn't been the case in awhile now! So u can pretty much cancel out the k3 route,lol in my lowly opinion anyways.

http://www.visajourney.com/forums/index.ph...mp;page=compare

[LiLMermaid 2]

I know little about the DCF but I have been watching the timelines and read alot about the K3 vs the CR1. Your gonna want to do the CR1 for sure. The K3 visa used to be great because it was processed alot faster and you could be in the states with your spouse while finishing up the rest of the paperwork but now they are taking the same amount of time to process. The CR1 you are finished once you enter the states where the K3 there are more steps involved once you enter the US (read more money + not being able to work etc). Very few people at this point bother with the K3 and thats usually people that got advice from a lawyer. Montreal is slow no matter what visa you apply for.

[canadian_wife 1,819]

Since you posted in the DCF that your husband is not a PR and is living in Canada as a tourist, he cannot petition through the Halifax consulate. Sorry

However, you'll want to look into the Cr-1 and not the K-3. The K-3 will save you very little time, is expensive and slow. When we applied I-130 and I-129F petitions were approved 6-8 weeks after the I-130 alone petitions. You'll interview in Montreal however.

Good luck

[TimandJoyce 1]

Welcome to VJ Pixel!! I really can't help you too much with this type of visa as I came over on a K-1 and now am adjusting status. From what I understand CR-1 is the way to go.

Best wishes for a quick and smooth journey!!

[mstangie 0]

I would go with the CR-1 visa. Like Lil Mermaid said it would be more money and not being able to work once you get in the states.

[OBX 51]

I would go with the CR-1 visa. Like Lil Mermaid said it would be more money and not being able to work once you get in the states.

^^ I second that. CR-1 is the way to go. Immediate eligibility to work and no extra fees.

[Bernie C 24]

Hi - I am not an expert in spousal visas, we were K-1 from Vietnam. But I will comment that from the friends I have made here and experiences I have followed the CR-1 seems to be the preffered method between K3 and CR1. I am not familiar with DCF. My best advise is to not try to rush (as hard as it can be). Make sure you document everything and lots of pictures and proofs and you will be fine.

Congratulations on your marriage! May I ask where in PA will your fiance be looking. I live in Erie, PA. Always like to meet new people and make new friends. Good luck in your journey!

[bowflex 0]

My wife came to the States from Canada on the CR-1 Visa and I'd HIIIIGHLY recommend going that route. After reading people's posts about having to get documentation together for their AOS and waiting to work it seems that puts even more pressure on the relationship. My wife came over on a CR-1 and the next day she was applying for a SSN card, driver's license, and started shooting out applications for jobs. That really helped her feel that she was "in the mix" in the States and we didn't have to spend any additional money on all the other steps that would be required. Whichever you choose good luck!

[trailmix 77]

I did reply in your other thread, but wanted to add one thing about the CR1.

The only difference between the CR1 and K3, basically, is that you do the paperwork upfront with the CR1 - and of course it is cheaper.

Whether the CR1 comes in around the same processing time has a lot to do with how prepared you are. With the CR1 the process flows like this:

I-130 application >>>> NOA1 >>>>NOA2>>>>On to NVC, where you submit the affidavit of support and DS-230>>>>Interview in Montreal

The NVC portion is where you can have an effect on how fast it gets done. If you read the NVC shortcuts guide you will see that you can whiz through NVC if you have all your ducks in a row when you start their process. Have all your civil documents and a photo copy of each ready to send. Download the I-864 and DS-230, have them filled out and ready to go.

Once you are able to pay the fee for each online, you can overnight your form/documents and get things moving.

You haven't filed yet, but once you do, that is the time to start looking at that stuff, reading VJ so you understand all of it, post your questions here before you send in your stuff, to double check you haven't forgotten anything and for helpful tips so you don't get an RFE (request for information) that will slow you down a bit.

One note, when you look at the NVC shortcuts page you will probably be overwhelmed and ask yourself how on earth these can be shortcuts when there is so much text. It's a long read, but after you have read some stuff on VJ it will make sense. They have included everything in that guide, I guess, prevent people from making mistakes, so it can be a bit overwhelming.

Oh and don't write off DCFing in Halifax just yet, I would definately get in touch with them first, you never know, they might still let you DCF!

Edited January 20, 2010 by trailmix

[NBtoPitt 2]

Wow! Thank you everyone for all the replies. I'm reading up on the CR-1 process now to try to wrap my head around it. The I-130 part is easy because that's part of the K-3 as well and I was prepared to do it. After contacting the Halifax Consulate it doesn't seem like DCF will be an option, so I guess... CR-1 it is! Here's my next set of questions (sorry!):

• Will filing an I-129F slow down the CR-1 process? I want to keep my options open and take the fastest route if possible.
  
• How soon in advance can I prepare the AOS? There will probably be more than one as my husband and I are both students and thus don't make that much money.
  
• How much harder will it be to travel to the US while filing for a CR-1 compared to a K-3? I'd like to be able to visit my husband if this process takes longer than planned.
  
• Are mailing the documents from Canada allowed? My husband will be here for the next six months. Will it slow down the process a lot?
  
• Will I still need to bring as much to the interview as I would have with a K-3 interview?
  
• And in case I don't understand after reading, which documents can I prepare now, and which do I have to wait to prepare?
  

Thanks again, everyone! Sorry I have so many questions, but visa-worries have preoccupied my mind for weeks now.

[trailmix 77]

Will filing an I-129F slow down the CR-1 process? I want to keep my options open and take the fastest route if possible.

I don't know. Canadianwife mentioned it slowed their process down, perhaps she can answer this.

How soon in advance can I prepare the AOS? There will probably be more than one as my husband and I are both students and thus don't make that much money.

It will take a few months for your I-130 to be approved, once it is, you will need that affidavit of support. A few things to keep in mind.

If you file the AOS before April 15th, your last 'tax year income' will be 2009, if it is after April 15th they expect you to have your 2009 U.S. taxes filed, just something to keep in mind for your Husband and your cosponsor. Regardless of when you submit this to NVC, they will want the 2010 returns at the interview for both.

It is probably more important now to know what information you will need, rather than actually gathering it. Understanding the I-864 and having a list of items you can collect are most important. I'm not sure what the average is for I-130 processing at the moment, but it's probably a couple of months at least. You want to send the most current information.

How much harder will it be to travel to the US while filing for a CR-1 compared to a K-3? I'd like to be able to visit my husband if this process takes longer than planned.

No difference. The proof of ties to Canada that you should have when you cross the border are the same.

Are mailing the documents from Canada allowed? My husband will be here for the next six months. Will it slow down the process a lot?

Yes you can mail from Canada, the only slow down is mailing time. We sent ours overnight with Purolator. If you check the forms they give a courier delivery address as well as a mailing address.

Will I still need to bring as much to the interview as I would have with a K-3 interview?

No, because they will already have all your documents. You must keep a copy of everything you send to USCIS and NVC - that's very important. You will want to take this with you to the interview as well as a few other extras.

And in case I don't understand after reading, which documents can I prepare now, and which do I have to wait to prepare?

Right now, just focus on getting the I-130 right. Once that is done you will want to ensure that you have, at least, a copy of your long form birth certificate (with your parent's names on it - get this now if you don't already have one) and you can get a police check as well. Wait at least a month before doing the police check (assuming you don't have a criminal record of any kind).

Edited January 20, 2010 by trailmix

[canadian_wife 1,819]

edited because posted at the same time as trailmix and her answers are always better than mine

Edited January 20, 2010 by canadian_wife

[trailmix 77]

edited because posted at the same time as trailmix and her answers are always better than mine

Not true! Hey Canadianwife, you mention that you thought filing the I-129F slowed down your I-130 approval, what's the story on that?

[canadian_wife 1,819]

We filed in the summer of 2008. In December/January of that year heaps and heaps of I-130 petitions were approved (from people filing at the same time as us) leaving those who filed an I-129F waiting 6-8 weeks for their approvals. The I-129F and I-130, as we know, were approved on the same day thus saving no time. Plus with the long wait at Montreal anyway, will it even save any time?

Just my 2 cents - besides trailmix, your answers are always so thorough and thought out, made mine look like I was being lazy!

Edited January 20, 2010 by canadian_wife