K3 - Better than K1?

[mully 0]

Hi there!

You guys seem like uber helpful people. I've read a lot of the threads, and I've decided to post my own topic - while there is a lot of information here, it seems like a lot of it is very case specific and I want to make 100% sure I don't misinterpret someone elses' information and screw up!

My boyfriend and I have been looking for routes to be together. He lives in Seattle, WA, and I live in Vancouver, BC, Canada. We have been told numerous times that the Fiancee Visa is the safest way to go, despite costing additional money, however after reading this forum I am convinced that getting married without any pre-forms is the way to go -- and thereafter, having him apply for the I-130 after I'm back in Canada.

So my questions are:

1) Is there any huge advantage to the Fiancee visa, that would benefit us in this situation?

2) Will I be able to travel between the US and Canada while the forms are waiting to be processed?

3) Is this something the government frowns upon, at all? (This is what I keep hearing...?)

Thank you for any help and suggestions... I will continue to read the other threads vigorously!

[BlakeandOlha 0]

1) Is there any huge advantage to the Fiancee visa, that would benefit us in this situation?

2) Will I be able to travel between the US and Canada while the forms are waiting to be processed?

3) Is this something the government frowns upon, at all? (This is what I keep hearing...?)

Good Questions Mully, I will try to tell you what I've seen so far. The advantage going the K-1 route generally has been time. It's a shorter process. Now with you two living so close, you might be able to weather the time apart better. I believe you'll have no problems travelling between the US and Canada, however, that is not a guarantee. You just have to be very careful not to overstay your time in the US - because that might cause a problem for you. I haven't read anything about the government "frowning" on choosing one path over another. I'm a K-1 filer because it is impractical for me to see my sweetheart regularly - so time is very important to me. But there are many here who go the CR-1 route. Unfortunately you will be filing in the CSC - which moves like molasses even under the best of circumstances.

I'm sure you'll get much better infor from some who've gone the route you are planning. Best of Luck to you as you make your way!

[MsZ 6]

The difference between the two is time to get you into the country. After that, you still have to apply to work. You still have to apply to be able to leave the country once approved (advance parole). You still have to do the adjustment of status later down the road.

The difference between the K3 and CR1 is greater in terms of time it takes for approval, however, once you enter the US you can work and you don't need to apply for advance parole to cross the border again. If working right away or being able to go back and forth right away is important to you, a CR1 is the best way to go. (It is to us and this is the reason we chose this route.)

Technically, you can enter the US under any of the above if the border guard allows it. But it is up to him and him alone so if you get a guy on a bad day, you might be turned away. If you attempt crossing, bring a lot of proof of ties to Canada -- your mortgage or rent statements, pay stubs, a letter from your boss stating you are expected back on a certain date, utility bills, etc. But even with those docs, you can be denied. That's just the way it is unfortunately.

One thing that you have over us is that you are on the West coast so your time to interview if you were to go for a CR1 is shorter than ours on the East coast.

If you have no restraints staying in the US for a while and you don't have to work, the K1 is the way to go. It'll get you there the quickest.

(I don't generally consider the cost in all of this. The other concerns are far greater in my book.)

[YuAndDan 153]

1) K-1 tends to be quickest. But has added cost of adjustment of status, and is a one time visa, you can enter the USA but cannot travel out of the country until you have AP document in hand.

2) This is a bigtime FAQ. 4.6)...Can my fiance(e) come to the US to visit me once the visa process is started?

http://www.visajourney.com/faq/k1k2visa-application.html#4.6

3) Overstaying a visit is a problem, the rule is no more than 6 months visiting in a 12 month period.

K-3 is similar to K-1 only that the couple is married before filing for the visa. K=3 and CR-1 allow travel in and out of the USA K-3 because it is a multi entry visa, CR-1 because it generates a green-card upon entry.

Lastly lately there are many reports of K-3 being canceled by USCIS in favor of the true immigrant CR-1 visa. CR-1 is work authorized so can immediately do things like get a JOB, SSN, and even a driver's license shortly after entry to the USA, K-3 is not work auth and has to wait 90 days or more to get EAD enabling work, SSN, and driver's license. K-3 also has the added hassle of dealing with USCIS to adjust status ($1010) to get green-card.

A few posts from yesterday:

http://www.visajourney.com/forums/index.ph...=115148&hl=

http://www.visajourney.com/forums/index.ph...=115145&hl=

Edited March 11, 2008 by YuAndDan

[M and K 0]

Hi there!

You guys seem like uber helpful people. I've read a lot of the threads, and I've decided to post my own topic - while there is a lot of information here, it seems like a lot of it is very case specific and I want to make 100% sure I don't misinterpret someone elses' information and screw up!

My boyfriend and I have been looking for routes to be together. He lives in Seattle, WA, and I live in Vancouver, BC, Canada. We have been told numerous times that the Fiancee Visa is the safest way to go, despite costing additional money, however after reading this forum I am convinced that getting married without any pre-forms is the way to go -- and thereafter, having him apply for the I-130 after I'm back in Canada.

So my questions are:

1) Is there any huge advantage to the Fiancee visa, that would benefit us in this situation?

2) Will I be able to travel between the US and Canada while the forms are waiting to be processed?

3) Is this something the government frowns upon, at all? (This is what I keep hearing...?)

Thank you for any help and suggestions... I will continue to read the other threads vigorously!

I'm in Spokane Washington.

Feel free to correct me if I'm wrong......

I wouldn't think there was any problem in traveling between Canada and USA. I'm not certain what the length of stay is limited to, but you should be able to travel between the two countries often. From what I understand, I-130 provides the most bang for the buck (after marriage) even though it may take longer, you'd still be able to visit regularly given your close proximity to each other.

Sure wish my wife lived in BC during our process... sure would reduce my stress level .

Best of luck in your journey.

[YuAndDan 153]

Hi there!

You guys seem like uber helpful people. I've read a lot of the threads, and I've decided to post my own topic - while there is a lot of information here, it seems like a lot of it is very case specific and I want to make 100% sure I don't misinterpret someone elses' information and screw up!

My boyfriend and I have been looking for routes to be together. He lives in Seattle, WA, and I live in Vancouver, BC, Canada. We have been told numerous times that the Fiancee Visa is the safest way to go, despite costing additional money, however after reading this forum I am convinced that getting married without any pre-forms is the way to go -- and thereafter, having him apply for the I-130 after I'm back in Canada.

So my questions are:

1) Is there any huge advantage to the Fiancee visa, that would benefit us in this situation?

2) Will I be able to travel between the US and Canada while the forms are waiting to be processed?

3) Is this something the government frowns upon, at all? (This is what I keep hearing...?)

Thank you for any help and suggestions... I will continue to read the other threads vigorously!

I'm in Spokane Washington.

Feel free to correct me if I'm wrong......

I wouldn't think there was any problem in traveling between Canada and USA. I'm not certain what the length of stay is limited to, but you should be able to travel between the two countries often. From what I understand, I-130 provides the most bang for the buck (after marriage) even though it may take longer, you'd still be able to visit regularly given your close proximity to each other.

Sure wish my wife lived in BC during our process... sure would reduce my stress level .

Best of luck in your journey.

The border is not Wide-Open, the CBP can and do refuse entry to the USA, having a K-Visa or CR-1 visa in process can cause inadmisability due to their being intending immigrations. Strong evidence that there is a reason to return home is needed to be provided.

Period of stay is 6 months max.

Entry to the U.S. while Petition is Pending

All persons traveling to the U.S. as visitors or students, Canadian or other nationality, under U.S. law are deemed to be intending immigrants and thus inadmissible for temporary purposes until they have an immigrant visa in hand. The burden of qualifying for any visa for entry to the U.S. rests solely with the applicant. Entry to the U.S. is solely up to a Department of Homeland Security/Customs and Border Protection (DHS/CBP) officer at the Port of Entry. While intending immigrants may have and lawfully seek to exercise a dual intent to be a visitor or student now and an immigrant later, it is against U.S. law to enter the U.S. as a visitor or student with the intent to wait for or seek immigrant status while in the U.S. Anyone who attempts to enter the U.S. by misrepresentation, or unlawfully, may face severe sanctions up to and including permanent ineligibility to enter the U.S.

http://www.amcits.com/immigration_usa_relative.asp

[john_and_marlene 162]

Hi there!

You guys seem like uber helpful people. I've read a lot of the threads, and I've decided to post my own topic - while there is a lot of information here, it seems like a lot of it is very case specific and I want to make 100% sure I don't misinterpret someone elses' information and screw up!

My boyfriend and I have been looking for routes to be together. He lives in Seattle, WA, and I live in Vancouver, BC, Canada. We have been told numerous times that the Fiancee Visa is the safest way to go, despite costing additional money, however after reading this forum I am convinced that getting married without any pre-forms is the way to go -- and thereafter, having him apply for the I-130 after I'm back in Canada.

So my questions are:

1) Is there any huge advantage to the Fiancee visa, that would benefit us in this situation?

2) Will I be able to travel between the US and Canada while the forms are waiting to be processed?

3) Is this something the government frowns upon, at all? (This is what I keep hearing...?)

Thank you for any help and suggestions... I will continue to read the other threads vigorously!

Do you have any children nearing the age of 18 or between 18 and 21 that would want to come too?

[M and K 0]

The border is not Wide-Open, the CBP can and do refuse entry to the USA, having a K-Visa or CR-1 visa in process can cause inadmisability due to their being intending immigrations. Strong evidence that there is a reason to return home is needed to be provided.

...Period of stay is 6 months max.

I've never had personal experience at the coast border crossing. My family and friends, both US and CAN, have never had problems, but we always cross at a small town crossing in Eastern Washington state.... even multiple daily crossings.... I'm certain the large border crossing south of Vancouver is much tighter.