K3 and AOS concurrently...questions?

[rebeccajo 14]

I was just looking into this actually. It seems more straight forward rather than doing the K3 and then adjusting status, right???

What is the downside?

Why would our situation make it difficult to do AOS if we did the I-130 first to get K3 and then did AOS after I entered???

CR-1/IR-1 Also results in a green card upon entry as it is an immigrant visa. There are unique factors in your case which could make AOS difficult and CR-1/IR-1 may be a better route.

But definetly, go see a lawyer. You can use this to help find one. http://www.aila.org/

With either the CRI or K3, you are going to have to go back to Canada for an interview. These are visas, and not AOS. CRI is actually a visa and adjustment rolled into one.

[k2daho 0]

Okay, thanks, that's how I was understanding it so that makes sense! I do realize I'd have to go back to Canada which wouldn't be a huge issue. And I am only two months into my allowed 6 month stay in the United States so I could easily stay here until then and then go back if that's the route we decided to go.

Anyone know what kind of time frame I'd be looking at to do the CR1? Also what's the difference between CR1 and IR1? Which would I get???

I was just looking into this actually. It seems more straight forward rather than doing the K3 and then adjusting status, right???

What is the downside?

Why would our situation make it difficult to do AOS if we did the I-130 first to get K3 and then did AOS after I entered???

CR-1/IR-1 Also results in a green card upon entry as it is an immigrant visa. There are unique factors in your case which could make AOS difficult and CR-1/IR-1 may be a better route.

But definetly, go see a lawyer. You can use this to help find one. http://www.aila.org/

With either the CRI or K3, you are going to have to go back to Canada for an interview. These are visas, and not AOS. CRI is actually a visa and adjustment rolled into one.

[gwenneh 7]

You are only eligible for a CR-1; an IR-1 is issued when your marriage is more than two years old.

[rebeccajo 14]

CRI - 8-10 months?

CRI is for those people married less than two years. IR1 for those married longer than 2.

Okay, thanks, that's how I was understanding it so that makes sense! I do realize I'd have to go back to Canada which wouldn't be a huge issue. And I am only two months into my allowed 6 month stay in the United States so I could easily stay here until then and then go back if that's the route we decided to go.

Anyone know what kind of time frame I'd be looking at to do the CR1? Also what's the difference between CR1 and IR1? Which would I get???

I was just looking into this actually. It seems more straight forward rather than doing the K3 and then adjusting status, right???

What is the downside?

Why would our situation make it difficult to do AOS if we did the I-130 first to get K3 and then did AOS after I entered???

CR-1/IR-1 Also results in a green card upon entry as it is an immigrant visa. There are unique factors in your case which could make AOS difficult and CR-1/IR-1 may be a better route.

But definetly, go see a lawyer. You can use this to help find one. http://www.aila.org/

With either the CRI or K3, you are going to have to go back to Canada for an interview. These are visas, and not AOS. CRI is actually a visa and adjustment rolled into one.

[frustrated1 0]

While you get an appt with a lawyer, a quick call to USCIS call centre wouldn't hurt. No need to get into specifics but give them the scenario that you applied for K1 but got married before it was approved. What do you do? We have called several times on different issues and their reps do give you quick advice based on their limited knowledge. along with our opinion, you will also have theirs for what it's worth.

[Reba 2]

I was just looking into this actually. It seems more straight forward rather than doing the K3 and then adjusting status, right???

What is the downside?

Why would our situation make it difficult to do AOS if we did the I-130 first to get K3 and then did AOS after I entered???

depends where in Canada you live. If you live in western Canada (Manitoba and westward) the timelines are shorter for K3, if you live in EAstern Canada, (Ontario and eastward) timelines are considerably longer. Apparently Vancouver just took over doing CR1/IR1 processing for western Canada (they used to all be done in Montreal) but it is far to early to be even guessing on timelines for that now.

If it were me, I'd not even bother with the K3. Its way more expensive and time consuming. CR1 is the way to go, if your plan is to leave the US and go back home. Same time frame, but $1000 cheaper!

[athena_ny 1]

While you get an appt with a lawyer, a quick call to USCIS call centre wouldn't hurt. No need to get into specifics but give them the scenario that you applied for K1 but got married before it was approved. What do you do? We have called several times on different issues and their reps do give you quick advice based on their limited knowledge. along with our opinion, you will also have theirs for what it's worth.

There's a reason it's called the mis-information line ... people have called the line for "advice" and gotten complete lies.