CR-1 Timeline help

[mikegarycole 0]

Ok, great that she's working. Definitely get her to get a letter from her employer saying that she's been granted 6 months (or however long you choose) leave and is expected to come back on so-and-so date or she'll be fired.

Does she have her own apartment or live with others? Do the same thing with this and get another letter saying she's leaving for however long and expected back on so-and-so date otherwise she'll be kicked out (if she's renting an apartment).

Also, wait until you get the NOA1 from USCIS before leaving. Then get her a copy so she can bring this as well, showing that you both want her to immigrate here legally. Only show this though if the crossing is going bad. Same for the above documents.

There's a big difference of staying a week and staying 6 months. She might get scrutinized more since they stay is so much longer.

And only living two hours apart, I bet it's also much cheaper to just drive than flying internationally.

Sounds like a good plan. And since this won't be until August, we'll be well into the process. May not even need 6 months, could be 2 or 3 by that point, which I imagine would go more smoothly.

[Saylin 1,605]

Sounds like a good plan. And since this won't be until August, we'll be well into the process. May not even need 6 months, could be 2 or 3 by that point, which I imagine would go more smoothly.

Oh yes, that's right, August. Well, since that's about 5 months away, you should be just getting to NVC (hopefully not stuck at USCIS still). And from there, it's only about 4 months or so to the interview, and since she'd have to come back and get a medical, I'd say she'd only have to be in the US for three months, which would be much better than 6 months in a border officer's eyes. Also, since she's driving, make sure she packs extremely lightly, like one suitcase and that's it. The more suitcases, the more the officer will think she's moving.

[mikegarycole 0]

Oh yes, that's right, August. Well, since that's about 5 months away, you should be just getting to NVC (hopefully not stuck at USCIS still). And from there, it's only about 4 months or so to the interview, and since she'd have to come back and get a medical, I'd say she'd only have to be in the US for three months, which would be much better than 6 months in a border officer's eyes. Also, since she's driving, make sure she packs extremely lightly, like one suitcase and that's it. The more suitcases, the more the officer will think she's moving.

Yep, that's what I was thinking. We can do the 'big' move after she's got the visa.

[Saylin 1,605]

Yep, that's what I was thinking. We can do the 'big' move after she's got the visa.

That's your only option. She's not legally allowed to move before getting the visa.

[mikegarycole 0]

That's your only option. She's not legally allowed to move before getting the visa.

If they don't issue her an actual visitor's visa, and just wave her through like they normally do, do they keep track of how long she's here?

I've always wondered that. They never stamp her passport or anything.

[Saylin 1,605]

If they don't issue her an actual visitor's visa, and just wave her through like they normally do, do they keep track of how long she's here?

I've always wondered that. They never stamp her passport or anything.

Yeah, I never got stamps either, but I believe they swipe your passport which is logged in their system. So when she leaves to go back to Canada and they swipe her passport again, they'll see that she's been there for x amount of time.

[bouerchithi 1]

Hello! I am an American, and my wife is Canadian. We just got married in January in Canada, and now we're starting the CR-1 process. How long can we expect until she's able to move here? It's not so vital to us that she be able to work when she's first here, just that she's here. Is CR-1 the best route to go?

You guys can also look at the K3 visa. The whole purpose of the K3 visa is to let the spouse wait for the green card in the US instead of in the foreign country. Once she gets here, you can then file for Adjustment of Status (I think I-487) to complete the process.

K3 is quicker than IR1/CR1, but it involves some more paperwork when the foreign spouse gets to the US.

[keysjangle 145]

Saylin pretty much covered it.

At the border, she should always be honest but not give up any information that isn't asked for - that just tends to lead to more confusion. Border officers at primary aren't always the most knowledgeable when it comes to immigration matters, so make sure she's confident of the basics (B-2 visas, overstay, how the CR-1 process works, etc.)

My I-130 took about six and a half months to process out of the California Service Center (we got approved a couple weeks ago.) It's always best to assume this whole process will take longer than planned. For Montreal interviews, Canadians have the option of using electronic processing. It's faster than the snail-mail method. A guide for it can be found in Saylin's signature. I'll be following it once NVC gets around to assigning me a case number

If you have any other questions, don't feel shy about asking or sounding paranoid. There's also a Canada sub-forum where she can find more specific information about her OHIP (assuming she's in Ontario), Employment Insurance, taxes, bank accounts, and so on and how to deal with them upon moving to the States.

** Just called NVC operator about my case. They received it on the 20th, but nothing has been updated yet on their system She said to try back 10-20 business days from that date. Brace yourselves for my phonecalls, NVC

You guys can also look at the K3 visa. The whole purpose of the K3 visa is to let the spouse wait for the green card in the US instead of in the foreign country. Once she gets here, you can then file for Adjustment of Status (I think I-487) to complete the process.

K3 is quicker than IR1/CR1, but it involves some more paperwork when the foreign spouse gets to the US.

K-3s are being wiped out. Safest route is CR-1.

Edited February 28, 2012 by Gervl

[bouerchithi 1]

K-3s are being wiped out. Safest route is CR-1.

Really? Wow. Can you tell me where you got that info from? Thanks!

[keysjangle 145]

Really? Wow. Can you tell me where you got that info from? Thanks!

A quick search on here will turn up results. I've been reading about it here since I started posting. I took a look for actual news articles, but it appears visa drama doesn't quite make it to the press, ha.

This also explains it:

http://travel.state.gov/visa/immigrants/types/types_2993.html

Important Notice: Effective February 1st, 2010, when both petitions have been approved by USCIS and sent to the NVC or when USCIS approves the I-130 before the I-129F, the availability of, as well as the need for, a nonimmigrant K-3 visa ends. If the NVC receives both an approved I-130 petition and an approved I-129F petition:

The nonimmigrant K-3 visa case will be administratively closed.

Edited February 28, 2012 by Gervl

[bouerchithi 1]

A quick search on here will turn up results. I've been reading about it here since I started posting. I took a look for actual news articles, but it appears visa drama doesn't quite make it to the press, ha.

This also explains it:

http://travel.state....types_2993.html

Hmm.. but I-129F only applies to fiance(e) situations, not for married folks, right?

[Saylin 1,605]

You guys can also look at the K3 visa. The whole purpose of the K3 visa is to let the spouse wait for the green card in the US instead of in the foreign country. Once she gets here, you can then file for Adjustment of Status (I think I-487) to complete the process.

K3 is quicker than IR1/CR1, but it involves some more paperwork when the foreign spouse gets to the US.

Like Gervl said, the K3 is pretty much dead. For married couples, the IR-1/CR-1 is the only visa available.

Saylin pretty much covered it.

At the border, she should always be honest but not give up any information that isn't asked for - that just tends to lead to more confusion. Border officers at primary aren't always the most knowledgeable when it comes to immigration matters, so make sure she's confident of the basics (B-2 visas, overstay, how the CR-1 process works, etc.)

My I-130 took about six and a half months to process out of the California Service Center (we got approved a couple weeks ago.) It's always best to assume this whole process will take longer than planned. For Montreal interviews, Canadians have the option of using electronic processing. It's faster than the snail-mail method. A guide for it can be found in Saylin's signature. I'll be following it once NVC gets around to assigning me a case number

If you have any other questions, don't feel shy about asking or sounding paranoid. There's also a Canada sub-forum where she can find more specific information about her OHIP (assuming she's in Ontario), Employment Insurance, taxes, bank accounts, and so on and how to deal with them upon moving to the States.

** Just called NVC operator about my case. They received it on the 20th, but nothing has been updated yet on their system She said to try back 10-20 business days from that date. Brace yourselves for my phonecalls, NVC

When was your NOA2? It's been taking about 1-3 weeks from NOA2 to case number assigned, so you should be getting it soon.

Hmm.. but I-129F only applies to fiance(e) situations, not for married folks, right?

For K3 visas, you had to send the I-130, then when you got the NOA1, you send a copy of that with the I-129F. I don't know why the process was like that, but it was.

[keysjangle 145]

Got my NOA2 on the 16th. Kind of glad it's taking some time... still need to get my long form birth certificate, and he needs his tax transcript

[Saylin 1,605]

Got my NOA2 on the 16th. Kind of glad it's taking some time... still need to get my long form birth certificate, and he needs his tax transcript

Yeah, if you got it on the 16th, then you should be getting the case number either this week or next.

And you should still have time for that stuff. You still have to optin to EP (if you wish), and send the DS-261, then pay the two fees and wait for that to process. You still have another week or so before it's the earliest you can send in packages.

Have you already requested the missing documents? Or are you still procrastinating? And have you gotten the police certificate(s) yet?

[keysjangle 145]

Yeah, if you got it on the 16th, then you should be getting the case number either this week or next.

And you should still have time for that stuff. You still have to optin to EP (if you wish), and send the DS-261, then pay the two fees and wait for that to process. You still have another week or so before it's the earliest you can send in packages.

Have you already requested the missing documents? Or are you still procrastinating? And have you gotten the police certificate(s) yet?

I got my police check done, and just got my photos done today. Need to get a hold of my dentist to be my guarantor for my birth certificate, and I'll be on my dear husband's #### to get his transcript ready.

Question for you, did you guys use the I-864EZ? I know when I read on the forms that we can just use tax transcripts it sinks in, but I want to double check if that's right or not. We're not using any other assets as all his income is from work (so can therefore be shown on his W-2 and previous tax returns.)

And yeah, we'll be doing EP. Going to wait until NVC is ready to cough up some identification numbers before I send in my Opt-in though.

Edited February 29, 2012 by Gervl