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Filed: Timeline
Posted

ok so im hoping theres more then just myself going thru this--- and i need to know all the facts-- good and bad ! :D

so im canadian-- my bf is in the states. Marriage has been talked about and it will be soon! I have two kids as well!

so since id be making the ultimate sacrifice to move there for him-- wedding would have to be here in canada. no questions asked!

I just need to know who has to apply for what, once we are married can i go directly back with him? Im so utterly clueless in this kinda stuff--- need some help to point me/us in the right direction since everywhere ive searched I cant seem to get straight answers :whistle:

Filed: AOS (apr) Country: Philippines
Timeline
Posted (edited)
ok so im hoping theres more then just myself going thru this--- and i need to know all the facts-- good and bad ! :D

so im canadian-- my bf is in the states. Marriage has been talked about and it will be soon! I have two kids as well!

so since id be making the ultimate sacrifice to move there for him-- wedding would have to be here in canada. no questions asked!

I just need to know who has to apply for what, once we are married can i go directly back with him? Im so utterly clueless in this kinda stuff--- need some help to point me/us in the right direction since everywhere ive searched I cant seem to get straight answers :whistle:

the first step is the USC must petition for spouse and stepchildren, if any. The form is the I-130, and no, you will not be able to go directly with him but wait out the immigrant visa process

moving from fiance(e) visa to spouse visa forum

Edited by payxibka

YMMV

Filed: Citizen (apr) Country: Canada
Timeline
Posted

Hey Ashlee

Sorry sister, but you can't return directly with him. Your husband, once married, will file the I-30 for you and your children. After the approval and the interview in Montreal, you may all go to the U.S. and live your lives together.

Good luck, welcome to the journey!

USCIS
August 12, 2008 - petition sent
August 16, 2008 - NOA-1
February 10, 2009 - NOA-2
178 DAYS FROM NOA-1


NVC
February 13, 2009 - NVC case number assigned
March 12, 2009 - Case Complete
25 DAY TRIP THROUGH NVC


Medical
May 4, 2009


Interview
May, 26, 2009


POE - June 20, 2009 Toronto - Atlanta, GA

Removal of Conditions
Filed - April 14, 2011
Biometrics - June 2, 2011 (early)
Approval - November 9, 2011
209 DAY TRIP TO REMOVE CONDITIONS

Citizenship

April 29, 2013 - NOA1 for petition received

September 10, 2013 Interview - decision could not be made.

April 15, 2014 APPROVED. Wait for oath ceremony

Waited...

September 29, 2015 - sent letter to senator.

October 16, 2015 - US Citizen

Filed: Other Country: China
Timeline
Posted
Hey Ashlee

Sorry sister, but you can't return directly with him. Your husband, once married, will file the I-30 for you and your children. After the approval and the interview in Montreal, you may all go to the U.S. and live your lives together.

Good luck, welcome to the journey!

I-130s. One for each intending immigrant. You may be able to visit the US during the visa process and of course, he may visit you. Plan on around 9 months from filing to visa.

Start by joining your future husband studying the "Guides" here. Just click on the word "Guides" at the top of any page.

Facts are cheap...knowing how to use them is precious...
Understanding the big picture is priceless. Anonymous

Google Who is Pushbrk?

A Warning to Green Card Holders About Voting

http://www.visajourney.com/forums/topic/606646-a-warning-to-green-card-holders-about-voting/

Filed: IR-1/CR-1 Visa Country: Canada
Timeline
Posted
ok so im hoping theres more then just myself going thru this--- and i need to know all the facts-- good and bad ! :D

so im canadian-- my bf is in the states. Marriage has been talked about and it will be soon! I have two kids as well!

so since id be making the ultimate sacrifice to move there for him-- wedding would have to be here in canada. no questions asked!

I just need to know who has to apply for what, once we are married can i go directly back with him? Im so utterly clueless in this kinda stuff--- need some help to point me/us in the right direction since everywhere ive searched I cant seem to get straight answers :whistle:

I am not sure if it has been mentioned ...but K1 (fiance visa) would be something to consider as the K1 visa get approved in a couple of months.

If that is not an option as mentioned by other members you would need to File for a CR1 Visa (I130). The wait is considerably longer, 7-8 months for an approval.

good Luck

*k3 Visa*

08-10-2008: NOA1

03-05-2009: NOA2

05-18-2009: K3 visa approved (Mumbai Consulate)

05-22-2009: POE LAX

*IR Visa*

07-10-2008: NOA1

03-05-2009: NOA2

08-13-2009: IR1 visa approved (Montreal, Canada)

08-15-2009: POE LAX

Filed: Other Country: China
Timeline
Posted
ok so im hoping theres more then just myself going thru this--- and i need to know all the facts-- good and bad ! :D

so im canadian-- my bf is in the states. Marriage has been talked about and it will be soon! I have two kids as well!

so since id be making the ultimate sacrifice to move there for him-- wedding would have to be here in canada. no questions asked!I just need to know who has to apply for what, once we are married can i go directly back with him? Im so utterly clueless in this kinda stuff--- need some help to point me/us in the right direction since everywhere ive searched I cant seem to get straight answers :whistle:

I am not sure if it has been mentioned ...but K1 (fiance visa) would be something to consider as the K1 visa get approved in a couple of months.

If that is not an option as mentioned by other members you would need to File for a CR1 Visa (I130). The wait is considerably longer, 7-8 months for an approval.

good Luck

The OP insists the marriage take place in Canada, so K1 is not an option. I haven't seen a K1 case go filing to visa in less than six months in a long time anyway.

Facts are cheap...knowing how to use them is precious...
Understanding the big picture is priceless. Anonymous

Google Who is Pushbrk?

A Warning to Green Card Holders About Voting

http://www.visajourney.com/forums/topic/606646-a-warning-to-green-card-holders-about-voting/

Filed: Country: Canada
Timeline
Posted

Hey Ashlee,

I am in the same situation as you are. I am in Canada and my fiance is in the U.S. We want to get married in Canada and then work on moving to the U.S.

Is your fiance just going to come up to Canada to get married then go back to the states after a few months and start filing for a K3? If so, I know from reading the guides that there has to be evidence of a bona fide marriage. I'm just wondering how easy that will be to fulfill, if your fiance like mine, is going to go back right away so we won't have a joint lease together (as usually a lease is for six months or a year). Are you just going to get sworn affidavits and open a bank account? Do you think it matters if his name is only on assets in Canada?

Filed: Other Country: China
Timeline
Posted (edited)
Hey Ashlee,

I am in the same situation as you are. I am in Canada and my fiance is in the U.S. We want to get married in Canada and then work on moving to the U.S.

Is your fiance just going to come up to Canada to get married then go back to the states after a few months and start filing for a K3? If so, I know from reading the guides that there has to be evidence of a bona fide marriage. I'm just wondering how easy that will be to fulfill, if your fiance like mine, is going to go back right away so we won't have a joint lease together (as usually a lease is for six months or a year). Are you just going to get sworn affidavits and open a bank account? Do you think it matters if his name is only on assets in Canada?

For newlyweds, some pictures and evidence of visits and communication are sufficient at petition filing time. No worries there. Unless the visa can be issued in Vancouver, K3 is a poor option. I'd go the CR1 route if Montreal will do any K3 interview and maybe even either way.

Edited by pushbrk

Facts are cheap...knowing how to use them is precious...
Understanding the big picture is priceless. Anonymous

Google Who is Pushbrk?

A Warning to Green Card Holders About Voting

http://www.visajourney.com/forums/topic/606646-a-warning-to-green-card-holders-about-voting/

Filed: IR-1/CR-1 Visa Country: Canada
Timeline
Posted (edited)
Hey Ashlee,

I am in the same situation as you are. I am in Canada and my fiance is in the U.S. We want to get married in Canada and then work on moving to the U.S.

Is your fiance just going to come up to Canada to get married then go back to the states after a few months and start filing for a K3? If so, I know from reading the guides that there has to be evidence of a bona fide marriage. I'm just wondering how easy that will be to fulfill, if your fiance like mine, is going to go back right away so we won't have a joint lease together (as usually a lease is for six months or a year). Are you just going to get sworn affidavits and open a bank account? Do you think it matters if his name is only on assets in Canada?

Once married you will have the option of filing the K3 or the CR1 - as pushbrk mentioned, you will want to have a look at the guides for these two visas.

The only difference between the 2 - processing time wise - is that with the CR1 you have to go through National Visa Center paperwork up front, but that's not the 'long' part of the process - getting the I-130 approved and getting an interview scheduled in Montreal takes the most time and you have to do that whether K3 or CR1. (unless of course you live in western Canada, then it might be a tad faster as you can interview for a K3 in Vancouver, all CR1 applicants must interview in Montreal).

You may also want to visit the VJ Canada forum - good luck!

http://www.visajourney.com/forums/index.php?showforum=93

Also the VJ Wiki Canada page may be helpful:

http://www.visajourney.com/wiki/index.php/Canada

Edited by trailmix
Filed: Country: Canada
Timeline
Posted
Hey Ashlee,

I am in the same situation as you are. I am in Canada and my fiance is in the U.S. We want to get married in Canada and then work on moving to the U.S.

Is your fiance just going to come up to Canada to get married then go back to the states after a few months and start filing for a K3? If so, I know from reading the guides that there has to be evidence of a bona fide marriage. I'm just wondering how easy that will be to fulfill, if your fiance like mine, is going to go back right away so we won't have a joint lease together (as usually a lease is for six months or a year). Are you just going to get sworn affidavits and open a bank account? Do you think it matters if his name is only on assets in Canada?

For newlyweds, some pictures and evidence of visits and communication are sufficient at petition filing time. No worries there. Unless the visa can be issued in Vancouver, K3 is a poor option. I'd go the CR1 route if Montreal will do any K3 interview and maybe even either way.

Since I live in Western Canada, I'd have to deal solely with the Vancouver office for my K3. When I file for the K3, it also defaults to filing for the CR1 too correct?

Filed: AOS (apr) Country: Philippines
Timeline
Posted
Hey Ashlee,

I am in the same situation as you are. I am in Canada and my fiance is in the U.S. We want to get married in Canada and then work on moving to the U.S.

Is your fiance just going to come up to Canada to get married then go back to the states after a few months and start filing for a K3? If so, I know from reading the guides that there has to be evidence of a bona fide marriage. I'm just wondering how easy that will be to fulfill, if your fiance like mine, is going to go back right away so we won't have a joint lease together (as usually a lease is for six months or a year). Are you just going to get sworn affidavits and open a bank account? Do you think it matters if his name is only on assets in Canada?

For newlyweds, some pictures and evidence of visits and communication are sufficient at petition filing time. No worries there. Unless the visa can be issued in Vancouver, K3 is a poor option. I'd go the CR1 route if Montreal will do any K3 interview and maybe even either way.

Since I live in Western Canada, I'd have to deal solely with the Vancouver office for my K3. When I file for the K3, it also defaults to filing for the CR1 too correct?

the I-130 petition which is required to be filed first, is for the CR1... the I-129F petition for K-3 is optional

YMMV

Filed: Country: Canada
Timeline
Posted
Hey Ashlee,

I am in the same situation as you are. I am in Canada and my fiance is in the U.S. We want to get married in Canada and then work on moving to the U.S.

Is your fiance just going to come up to Canada to get married then go back to the states after a few months and start filing for a K3? If so, I know from reading the guides that there has to be evidence of a bona fide marriage. I'm just wondering how easy that will be to fulfill, if your fiance like mine, is going to go back right away so we won't have a joint lease together (as usually a lease is for six months or a year). Are you just going to get sworn affidavits and open a bank account? Do you think it matters if his name is only on assets in Canada?

For newlyweds, some pictures and evidence of visits and communication are sufficient at petition filing time. No worries there. Unless the visa can be issued in Vancouver, K3 is a poor option. I'd go the CR1 route if Montreal will do any K3 interview and maybe even either way.

Since I live in Western Canada, I'd have to deal solely with the Vancouver office for my K3. When I file for the K3, it also defaults to filing for the CR1 too correct?

the I-130 petition which is required to be filed first, is for the CR1... the I-129F petition for K-3 is optional

Sorry, I am a bit confused. Since we only want to file for the K3 at this point, we have to file both forms and see what gets approved first?

Filed: AOS (apr) Country: Philippines
Timeline
Posted
Sorry, I am a bit confused. Since we only want to file for the K3 at this point, we have to file both forms and see what gets approved first?

you have no choice in the filing of the I-130 as it is a prerequisite to the I-129F...

Later on when approvals occur you have a choice in which one to pursue

YMMV

Filed: Citizen (apr) Country: Canada
Timeline
Posted

Yes, you file the I-130 first. Then you file the I-129F for your K3

Cr-1 is a FAR superior visa if you ask me! Good luck on your journey

USCIS
August 12, 2008 - petition sent
August 16, 2008 - NOA-1
February 10, 2009 - NOA-2
178 DAYS FROM NOA-1


NVC
February 13, 2009 - NVC case number assigned
March 12, 2009 - Case Complete
25 DAY TRIP THROUGH NVC


Medical
May 4, 2009


Interview
May, 26, 2009


POE - June 20, 2009 Toronto - Atlanta, GA

Removal of Conditions
Filed - April 14, 2011
Biometrics - June 2, 2011 (early)
Approval - November 9, 2011
209 DAY TRIP TO REMOVE CONDITIONS

Citizenship

April 29, 2013 - NOA1 for petition received

September 10, 2013 Interview - decision could not be made.

April 15, 2014 APPROVED. Wait for oath ceremony

Waited...

September 29, 2015 - sent letter to senator.

October 16, 2015 - US Citizen

Filed: Country: Canada
Timeline
Posted
Yes, you file the I-130 first. Then you file the I-129F for your K3

Cr-1 is a FAR superior visa if you ask me! Good luck on your journey

Thanks for all the info. Just have one more question for anyone who may have experience in this area.

If after we are married, I go to the U.S., get a job offer, and obtain a work visa, can I stay with my husband while the CR-1/K3 is processing?

 
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