spousal immigration, please help!

[punkin 0]

Hi everybody,

I have spent many hours this morning reading most of the threads on the boards, but unfortunately my case seems to be unique, since I couldn't find any similar situations.

Basically, my husband, an American, and I, a Canadian, were married on a whim in August 2006 in Toronto. Three weeks later, he went back to the US to gather his things and drove from Nevada to Toronto, with intent to immigrate to Canada. We were a bit naive in thinking that being married would ease his entry in Canada, and of course, he was almost denied entry! But besides being given a good scare, he was thankfully let in. He is a freelance web coder and works from home, he still has his US bank account and he makes sure that all his contracts are with US companies. However as of right now, he is illegal, since his Visitor Visa expired in November. We have good intentions of sending in his Permanent Resident application, but this costs up to 900$ and we just can never afford it.

He has recently been offered a dream job in New Jersey that would start in May 2008, and as it happens, my contract with my current employer expires in March 2008, so we are both seriously considering this move. From what I read regarding K3 visas, I would be allowed to move to the US and work. This sounded simple enough, but after looking into things more closely, it looks like procedures are way more complicated.

So would it be naive for us to think that even though we apply for K3 or I-130, that we would be ready to move to the US in time for May 2008? Or that I would be let into the USA at all? The thought of him moving and me waiting behind in Toronto for a year or more is devastating. Is there absolutely no way that we can apply for either a K3 or I-130 and both of us move to the US while the application is in process?

Thanks for your help if you can!

[~Laura and Nick~ 5]

Hi and welcome!

Unfortunately, no.

You will have to wait.

The K3 process takes anywhere from 6 to 10 months (sometimes longer) to be approved. You can certainly visit in the U.S. while you wait for the process (as long as you show strong ties to Canada. Letter from Employer stating you'll be back to work, property you own, etc.) but you can't move there. You need to be home in Canada when the interview takes place, as well to get any police records, etc. for the process.

May 2008 would be a complete miracle if you filed now. You may get your NOA2 by that point, but then you'll have to wait for your interview which takes a few more months after that to get.

I know it totally sucks. I wouldn't have him pass up the work opportunity but if you really can't bare the thought of being apart for this amount of time...maybe you both should re-look at what your options are.

Best of luck!!!

Edited January 21, 2008 by ~Laura and Nick~

[DerekJ 0]

Read the guides but with him being in Canada with you, you might look into possibly a Direct Consular Filing or the CR-1/K-3 process. I am not sure what the effect of his illegal status in you country would have on this. Anyone? You have 4 months....I suggest getting started now on this to minimize your time apart. You can't just move to the US with him and then file as you have intent to immigrate and that would constitute visa fraud. A very bad thing. Regardless of the route you take, you're going to have to play the waiting game like everyone else.

Edited January 21, 2008 by DerekJ

[Lance27 19]

Your husband would have to be a legal resident of Canada to go the DCF route.

You can visit the US while your application is pending, Just carry as much proof of ties to Canada. Letter from employer, Apt lease, Mortgage Statements, Utility bills etc.

File for the K3 asap. It took us nine and half months. You can have a look at the timelines to estimate approx how long the entire process will take.

Good luck

[punkin 0]

Read the guides but with him being in Canada with you, you might look into possibly a Direct Consular Filing or the CR-1/K-3 process. I am not sure what the effect of his illegal status in you country would have on this. Anyone? You have 4 months....I suggest getting started now on this to minimize your time apart. You can't just move to the US with him and then file as you have intent to immigrate and that would constitute visa fraud. A very bad thing. Regardless of the route you take, you're going to have to play the waiting game like everyone else.

We were planning on filing for immigrant visa and *then* move, with him as my sponsor; some websites seemed to say that this was an easy and quick procedure. We know that we can't move to the US and then file and of course, I never implied that we were more important than others and that we shouldn't have to wait. My question was more in relation to both of us moving to the US at the same time, which I guess has been confirmed is impossible.

We are going to look into our options now, and figure out what we can do.

Thanks for your responses! And thank you, I will look into the Direct Consular Filing, that's the first I hear of it!

[~Laura and Nick~ 5]

awww don't cry!

File ASAP....it's a long wait.

[DerekJ 0]

Your husband would have to be a legal resident of Canada to go the DCF route.

Oops...right. LOL

[Reba 2]

I will look into the Direct Consular Filing, that's the first I hear of it!

DCF is not an option to you, your husband would need to be a legal permanent resident of Canada, and he is not.

Read the guides here for the CR1 visa, which is probably the better option considering cost and timelines for Canadian processing. Its about $1010 less than the K3, and you can work as soon as you get to the US, with the K3 you can't.

[punkin 0]

I will look into the Direct Consular Filing, that's the first I hear of it!

DCF is not an option to you, your husband would need to be a legal permanent resident of Canada, and he is not.

Read the guides here for the CR1 visa, which is probably the better option considering cost and timelines for Canadian processing. Its about $1010 less than the K3, and you can work as soon as you get to the US, with the K3 you can't.

Thank you all for your answers and help!

A few more questions, though. How long, in general, does a CR-1 Visa take?

We decided that if it's just a few months, he will take the job and I'll go join him later. If we have to wait almost a year or more, he is staying here.

I realise there is no definite answer and that each case is different, but for argument's sake what would you all say is a general timeline to acquire the CR-1 visa?

From further readings I realised I can't get a k3 visa, because I intend to immigrate. Is that right?

I'm sorry if these questions sound dumb, we are both just a little confused. :wacko:

Information about the visas is so vague on the US government site and from calling the Embassy, too.

Thank you!!

[Krikit 1,165]

Punkin, this link will give you a quick comparison of which visas are available, along with the pros and cons of each one.

[trailmix 77]

I'm sorry if these questions sound dumb, we are both just a little confused. :wacko:

Information about the visas is so vague on the US government site and from calling the Embassy, too.

Thank you!!

Hi,

Your questions don't sound dumb!

The CR-1 will generally take you about a year.

You can do a K3 visa, here is the difference (in a nutshell - you can click on the Guides tab at the top of this page for more detail):

CR1 visa = immigrant visa - what this means it that all your paperwork is up front - when you arrive in the U.S. you will be able to work once you get your SSN etc, you will have been married over 2 years at that point so you will receive a 10 year greencard (IR1).

K3 - You do some of the preliminary paperwork before you interview, however once you get to the U.S. you have to do an Adjustment of Status (ie the bulk of the paperwork comes after you arrive). You can't work right away (K3 is also more expensive).

We are doing an IR1 application (basically the CR1 equivalent, we have just been married longer than 2 years).

In August of 2007 the fees for U.S. immigration went up, so just before that happened many people filed, so things have slowed down a bit - lots of those applications are still processing so it's hard to say exactly how long it will take now.

We filed in March of 2007, my Husband's interview is in February.

What you might want to consider is doing your Husband's Canadian PR now, once that is approved you can Direct Consular File at your nearest consulate (although the interview will still take place in Montreal). DCF tends to be a bit faster.

Also once he has his Canadian permanent residency he will keep it as long as he is living with you - even if you are living in another country (which differs from U.S. immigration).

K3 flowchart

For IR1 you start with the I-130 petition then it gets sent to NVC (flowchart) then on to the consulate.

[Minya's wife 25]

A few more questions, though. How long, in general, does a CR-1 Visa take?

...

I realise there is no definite answer and that each case is different, but for argument's sake what would you all say is a general timeline to acquire the CR-1 visa?

The procedure starts w/ the US citizen filing the I-130 (petiton for foreign spouse) w/ USCIS. If you want to go the CR-1 route, you just wait for this petiton to be adjudicated and approved, after which it goes to NVC(National Visa Center) where its processed further, you send in more paperwork, pay more fees, and...after approval there you have an interview at the US consulate in your country, pass the interview and voila, you emigrate to the US. (Shortly after arrival, you should receive your greencard in the mail)

The K-3(non-immigrant spousal visa) option requires that you file another petition, the I-129F, after receiving a receipt notice from USCIS for your I-130 petiton. Once this petition is adjudicated and approved (previously this petition was being approved quicker than the original I-130, but these days its taking much longer) your I-129F also goes to NVC, where it stays a much shorter time than if it was the I-130, and gets forwarded to the US consulate in your home country. You then deal directly w/ the consulate to fill out paperwork, pay fees, get a medical and jump through some hoops. Once done, you're scheduled for an visa interview. After you pass the interview you get a k-3 visa in your passport which allows you to enter the US as an intending immigrant. You will then have to follow up by applying for adjustment of status (a whopping $1010 w/ the new fees in effect) to get your greencard.

No concrete way to tell how long the procedure will take, because each case can be different....and from start to finish it can be anywhere from 7-12 months. It depends on many factors, among which are the speed w/ which your pettion is approved at USCIS, how quickly it makes its way to NVC, how quickly the paperwork is processed there, how quick you are in your repsonses to the paperwork/fees requested, how quickly an interview is scheduled and how long the interview line is for your home country. Too many variables for you to actually have a more accurate timeline than the 7-12 months.

From further readings I realised I can't get a k3 visa, because I intend to immigrate. Is that right?

The K-3 visa is a mulitple entry visa for the foreign spouse of a US citizen....and it has the immigrant intent attached to it, so yes you can get this visa. Please read the various guides on this page

they will give you a lot of information, and allow you to make the immigration visa choice that is the best option for your situation.

Good luck,

-P

[LadyNoles 0]

hi!!

You said you guys got married in 2006 right ?? (so more than a year ago) ...I would suggest you go in US with him but dont pass the borders as the same time than him....then once you are in US living with him apply for transfer of status (which become permanent resident ) and also apply for a SSN (social security number ). I would also suggest to have an immigration attorney in US just in case it would go harder.. But go in US and dont move.....its the only alternative you have right now if you dont wanna wait for a k-3...

many couples proceed that way and it goes fine...

so keep smiling and best of luck

[trailmix 77]

hi!!

You said you guys got married in 2006 right ?? (so more than a year ago) ...I would suggest you go in US with him but dont pass the borders as the same time than him....then once you are in US living with him apply for transfer of status (which become permanent resident ) and also apply for a SSN (social security number ). I would also suggest to have an immigration attorney in US just in case it would go harder.. But go in US and dont move.....its the only alternative you have right now if you dont wanna wait for a k-3...

many couples proceed that way and it goes fine...

so keep smiling and best of luck

And when she gets to the U.S. border and they ask her what she is going to do in the U.S. and why she is travelling there - that would be a problem.

She can't cross the border with the intent of moving to live in the the U.S. thereby attempting to bypass the immigration process.

Edited January 22, 2008 by trailmix

[punkin 0]

hi!!

You said you guys got married in 2006 right ?? (so more than a year ago) ...I would suggest you go in US with him but dont pass the borders as the same time than him....then once you are in US living with him apply for transfer of status (which become permanent resident ) and also apply for a SSN (social security number ). I would also suggest to have an immigration attorney in US just in case it would go harder.. But go in US and dont move.....its the only alternative you have right now if you dont wanna wait for a k-3...

many couples proceed that way and it goes fine...

so keep smiling and best of luck

And when she gets to the U.S. border and they ask her what she is going to do in the U.S. and why she is travelling there - that would be a problem.

She can't cross the border with the intent of moving to live in the the U.S. thereby attempting to bypass the immigration process.

Yeah...when my husband moved to Canada with a van filled with furniture and personal belongings, he specifically gave them my name and personal information, I even faxed them my birth certificate to prove I existed, so they know he's here with me, his wife. If he goes back to the border with a van full of furniture and personal belongings, he won't lie about his move and they'll be on to my game when I cross the border a few days/weeks after him.

Right now we are banging our heads on the wall for not applying for his Canadian PR earlier, that would have been a no brainer for a Direct Consulate File.

I can't thank everybody enough, we are getting much greater help here than anywhere else!