Bringing spouse from Canada to US...confused about procedures

[l3tranger 0]

I`m currently in Canada and my husband the USC is in US right now. We filed for I-130 in mid- November ( it was sent to Cali service center) and we saw our check being cashed yesterday. So does that mean we should be expecting our I-130 receipt from the government soon? Our next step should be the I-129F for K3 right? How long would that take if the foreign spouse lives in Montreal, Canada? The 485 can only be submitted once we get I-130 approved right? since the foreign spouse isn't residing in US?

[Dan J 277]

I`m currently in Canada and my husband the USC is in US right now. We filed for I-130 in mid- November ( it was sent to Cali service center) and we saw our check being cashed yesterday. So does that mean we should be expecting our I-130 receipt from the government soon? Our next step should be the I-129F for K3 right? How long would that take if the foreign spouse lives in Montreal, Canada? The 485 can only be submitted once we get I-130 approved right? since the foreign spouse isn't residing in US?

I-129F is to be submitted once you have your receipt notice for K-3. However, if you want to get a CR-1/IR-1 visa, you can just let your I-130 go through without sending in a I-129F.

With K-3, I-485 is submitted once you get into the US. Its not needed for CR-1/IR-1, which makes that visa type much cheaper, along with the benefit of having a green card right away.

Wait time is something like 4-6 months for an interview in Montreal.

[MissStacey 1]

Time wise- there won't be a huge difference between a K3 Visa and a CR1/IR1 Visa since you will be out of Montreal. Most will probably tell you just to stay on the I 130 (CR1/IR1) path and not bother with the I 129F.

Edited January 26, 2008 by MissStacey

[l3tranger 0]

Ok now I'm really confused, even more... A more detailed description of options please? Sorry I'm really new at this

[Lance27 19]

the K3 visa is a non immigrant visa which does not allow you to work in the US, you will have to file for Adjustment of Status. The CR1 visa is an immigrant visa (gets you your green card) once you are approved at your interview at Montreal.

Please check the timelines to estimate how long it will take. I believe there is not much difference in time between either at montreal (took us 9 months to get the K3 when we applied and it was taking a little longer for the CR1 at that time)

Edited January 27, 2008 by Lance27

[l3tranger 0]

is there an interview required for getting K3? Is there any point in applying for 129F if it's going to take long, 4-6 months? I thought the interview for CR1 is after when the I-130 is approved and you submit the 485 afterwards, the service centers notify you with an interview day and time. Which interview is which and how long are each of those processing/waiting times?

[frustrated1 0]

K3 visa was originally designed as a temporary visa for residency in the US to unite families while their CR-1 was being processed. As it turns out due to high volume of both, the CR-1 and K3 timeline now is very similar.

So what's the difference between the 2?

a- K-3: once approved you have a medical, an interview, and submit other documentation to get your final visa. you come to the US, get your passport stamped with I-94 entry stamp. you then apply for adjustment of status, and work permit in the US. you cannot get a social security # or a job until your get your work permit application approved which could be another 3-4 months average. the fee for adjustment of status is $1010 plus additional paperwork, passport pictures, biometrics (fingerprinting), half a medical ($100 or so).

b- CR-1: once approved, you have the same steps as K-3 upto entry into US. once you arrive you get your greencard mailed to you. you may have to apply for SSN...end of process.

[l3tranger 0]

So if i take the CR 1 route, adjustment of status step is done before I enter the US? Or is the CR1 adjustment of status, the same thing as I-485? But isn't CR1 for spouses married to non US citizens , non? How would CR1 be the right route for me then?

[Lance27 19]

There is no AOS if you go the CRI route.

[frustrated1 0]

I-130 = CR-1

I-485 = AOS

I-765 = EAD

K-3 = non-immigrant visa

So, I-130 is for spouses of US citizens, therefore the right petition for you.

once you have the I-130 there is no adjustment of status required; not before, not after, you just come over as an immigrant.

if you come over as K-3, then you do adjustment of status from a non-immigrant to an immigrant.

[l3tranger 0]

Oh! Thanks for clearing that up. So since I got my receipt, I just wait for I-130 to be approved. When that is, I'll be receiving another notice saying that it is approved, will that be my ticket to enter USA? Also, will there be a medical or biometrics or anything like that involved? Or an interview? What happens now that i got my receipt? Is it still worth the effort to submit I-129F? Which route is less costly?

[Marilyn. 340]

A few weeks after you have sent your petition to the USCIS you will receive a Notice of Action (aka NOA) letter indicating that they have begun processing your I-130 application.

When your I-130 petition is finally approved, the service center that processed your petition, will send you another Notice of Action letter indicating your approval, and the forwarding of your approved petition to the National Visa Processing Center

the NVC will send your relative a packet of forms that you and your relative must fill out before your relative can be given an interview date with a consulate abroad.

After the NVC receives the above forms and supporting documents (which may not all be required to mail back at that time), an interview date will be scheduled for the intending immigrant at a consulate abroad. The NVC will send your relative a letter indicating at what time and day the interview is scheduled for, and of required forms that must be brought to the interview.

you might want to read here for more info....

http://www.visajourney.com/forums/index.ph...page=i130guide1

Oh! Thanks for clearing that up. So since I got my receipt, I just wait for I-130 to be approved. When that is, I'll be receiving another notice saying that it is approved, will that be my ticket to enter USA? Also, will there be a medical or biometrics or anything like that involved? Or an interview? What happens now that i got my receipt? Is it still worth the effort to submit I-129F? Which route is less costly?

the CR1 is less costly, I think...

if you go through with the K3 visa you have to adjust status in the US and that costs over 1000 dollars....

Edited January 29, 2008 by MarilynP

[l3tranger 0]

I read that guide but got confused with the abbreviations that are used on this forum. So, I-130 processing time: 6 months , then plus another 4-6 months of wait at the consulate in Montreal, the expected time of the entire process with CR 1 would be 1 year, right? If I go through K-3, it'll be approximately the same processing time? Should I still apply for K-3 in the mean time, since its fee is included in I-130?

[Delicia 1]

Oh! Thanks for clearing that up. So since I got my receipt, I just wait for I-130 to be approved. When that is, I'll be receiving another notice saying that it is approved, will that be my ticket to enter USA? Also, will there be a medical or biometrics or anything like that involved? Or an interview? What happens now that i got my receipt? Is it still worth the effort to submit I-129F? Which route is less costly?

Not quite, your file gets a stop over at the NVC before it goes to the Consulate and you get in line for your turn at an interview. So, summary of IR-1/CR-1 path is:

1) I-130 to Service Center

2) I-130 approved, forwarded to NVC

3) (more forms to fill out for you and your spouse)

4) Approved at NVC, NVC schedules interview at Montreal Consulate (yes medicals and other things required here, so check the guides)

5) Interview at Consulate, if approved, receive packet and head for POE.

I would suggest reading the flowchart for the CR-1.

Also, check the Canadian VJ forum for details regarding the Montreal Consulate and all other things Canuk.

Edited January 29, 2008 by Delicia

[l3tranger 0]

So I dont have to apply for I-129F right? I'm not planning on applying for that since the processing times are about the same and AOS would cost another 1000 dollars...not fun