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Filed: Timeline
Posted

I am a US citizen marrying a Canadian. The I-129F has been approved and she is waiting for the interview, etc in Canada before we get married in July, 2007. She must return to Canada to work for 6 months immediately after the wedding, then she will come live in the US with me. Orginally my intention was to file an I-485 and I-131 within a week of our marriage. In reading the posts here, I am pursuaded that if she does that without advance parole (which she won't have since that takes 3 months) she would be abandoning the I-485 and the corresponding $1,050. I think we took the wrong path. My thinking now is to go ahead with the wedding as planned but not to file an I-485 but instead an I-130. The processing times on that seem to be 6 months which works out for us. In the interim, it seems that she can visit me as long as she offers evidence that she will be returning to Canada after the visit (recent check stubs, rent receipts, note from employer,..). Am I thinking this through correctly?

Filed: Citizen (apr) Country: England
Timeline
Posted

You are correct in that you are on the wrong path with the K-1, and what you have stated above is correct - by leaving, she will abandon AOS.

The simplest way to accomplish what you are looking to do is to marry in the US (you do not need a visa to do this as long as she does not intend to stay), have her return to Canada, and then begin either the K-3 or CR-1 process while she is there working. Since you have the extra time, I suggest the CR-1 as it is more expedient and she will be able to work right away upon arriving in the US.

No matter which path you choose, as long as she can show sufficient ties to Canada, she will be able to visit you while the visa is processing.

Posted

It would be appreciated if you could fill in your timeline. I think from reading your post, dated in December 2007, that you mean you want to get married in July 2008 and not 2007 as stated? Why does your wife have to work from July 2008 for another six months after marriage? One of the things you might want to consider, and I don't know where your fiance lives which would make a difference in Canada...as far as what consulate she/he will attend, but applying for a K-1 visa, might take about 6 months to get approved. Then it goes to the consulate, and depending on what consulate, the interview could be anywhere from 2 to 6 months from THAT date. Then, once granted, the beneficiary has 6 months in which to activate the visa. Once arrived in the US, you would still have 90 days to marry.

It's always better to not plan a wedding date if you're going to go through a K-1 visa. If you've already applied for a K-1, you might want to just leave it as that, depending on where you are in the process. If you want to get married now, and wait, I believe in Canada anyway, the K-3's and/or CR-1's are taking longer.

Don't forget to check out the Canada forum, we're a friendly bunch there, and can assist in any Canadian specific questions you may have.

Best of luck in whatever way you decide to proceed!

Carla (F)

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  • 3 months later...
Filed: K-1 Visa Country: Canada
Timeline
Posted

Hi,

I'm in the exact same situation - my fiancee (Canadian) and I have gotten the I-129F approved, and have our consulate interview next week. We intended to go with the K-1, but for cultural issues, we'd need to come back to Canada to do a religous ceremony. With Advanced Parole taking up to 4 months now, we think it'd better to go for a K-3 visa to keep a timeline that appeases our families.

From what I've seen, the I-129F is needed for both the K-1 and K-3 visa, and we just need to fill out and submit the I-130. Since we haven't actually gotten a K-1 visa yet, does anyone know if it is still considered abandonment, or is it less frowned upon to make a switch at this stage versus getting K-1 issued, and then abandoning it and re-applying for a K-3? Everyone I've talked to at USCIS just says to discuss it at the Consulate interview, but I was hoping others have gone through this could give some advice beforehand.

Any advice is appreciated!!

-Selby

Posted (edited)

Might be a good idea selby to post this question in the Regional Forums, Canada. I'm sure it will be answered there! Or, start a new thread titled something to the effect of changing a K-1 to K-3. Also do a search of similar topics.

If you are planning to marry before your interview, then everything on the I-129F is abandoned, and you'll have to start with a K-3. If you're applying for a K-3, then you can't be single when you attend the interview, and just submit different or more paperwork.

Make a decision now what you want to do, and either continue with the fiance's visa, and get that, and get married in the US or get married now, and submit new paperwork to get approval for a different type of visa.

Edited by Carlawarla
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