U.S citizen getting married to a Canadian citizen

[John A 0]

I’m a U.S citizen from Seattle, WA currently engaged to a Canadian citizen from Vancouver B.C. We usually take turn visiting each other on the weekend

We are planning on getting married on August 1, 2009 in Seattle, and we want to go on a honeymoon outside the country (don’t know if that’s a problem or not), following the wedding, we want to keep visiting each other until she’s done with school in April than she will move to the U.S.

I need advice on what is the best visa to apply for to be able to visit each other and at the same time have her be able to work as soon as she moves to the U.S. Also if there’s any problems with going to a honeymoon outside to the country.

Thank you,

[Bobby+Umit 161]

I’m a U.S citizen from Seattle, WA currently engaged to a Canadian citizen from Vancouver B.C. We usually take turn visiting each other on the weekend

We are planning on getting married on August 1, 2009 in Seattle, and we want to go on a honeymoon outside the country (don’t know if that’s a problem or not), following the wedding, we want to keep visiting each other until she’s done with school in April than she will move to the U.S.

I need advice on what is the best visa to apply for to be able to visit each other and at the same time have her be able to work as soon as she moves to the U.S. Also if there’s any problems with going to a honeymoon outside to the country.

Thank you,

K-3/CR-1 would be good one.

No issues where you go for honeymoon (if your not doing a K-1 that is).

Check the guides above to see what your choices are.

[YuAndDan 153]

CR-1 visa in your case, Apply for it about 1 year before anticipated graduation date.

CR-1 allows WORK after entry to the USA, K-3 DOES NOT. K-3 needs to file for EAD which can take 90 days or more to get. K-3 also adjust status to get green-card this makes K-3 cost about $800 more than CR-1 when you add up the fees.

There is NO problem with a Honeymoon outside the USA you are NOT doing a K-1 fiancee visa.

CR-1 also costs less.

Only thing CR-1 interview will be in Montreal.

For the most part CR-1 tends to take a bit longer than K-3 to get if you prepare for NVC when they request I-864 fee, and Visa fee, as well as documents requested by NVC. In many cases the CR-1 petition reaches the consulate just before K-3 interview, which causes K-3 to get dropped and the interview becomes a CR-1 visa interview.

K-3:

I-130: $355

I-129F: NONE

Consulate: $131

Adjustment Of Status: $1010 I-485

($1496)

CR-1

I-130: $355

NVC I-864: $70

NVC Visa fee: $400 ($355+$45)

($825)

I see many posts from K-3 holders stating, "Wow this sucks, I am stuck at home because I don't have EAD, DL, etc, or I am having hard time getting added to bank accounts because of NO SSN." K-3 has a 90 day or longer period of limbo while waiting for EAD or Green-card.

K-3 was developed at a time when CR-1 was taking much longer that today, NVC has greatly streamlined the CR-1 process to the point where K-3 becomes irrelevant.

Keep this in mind in this economy, the CR-1 with it's instant green-card looks very attractive considering the cost savings, and the ability of the immigrant being able to take a job shortly after entry to the USA. K-3 has the down-side of added cost, and NOT being able to legitimately take a job until they have EAD or green-card, EAD can take 90 days or longer to get.

[Mononoke28 135]

A CR1 visa is definitely your best option.

Diana

[canadian_wife 1,829]

John. After your marriage, file the I-130 for the CR-1 visa immediatly. No guarentee that she'll be able to join you as soon as she's done school in April as this process can take a year, but the CR-1 is certainly the superior visa

Good luck.

[John A 0]

Just to make sure I understand this is correct

CR-1 benefits are it’s cheaper and benefit to work upon entry, on the other hand she won’t be able to enter the US until she’s approved and the process takes longer than a K-3

K-3 usually takes less time but cost more, and she will have to apply for EAD or green-card upon on arrival to the US.

Another question, can she travel to the U.S once we apply for either of these visas or she was to wait until she’s been approved.

[YuAndDan 153]

Just to make sure I understand this is correct

CR-1 benefits are it’s cheaper and benefit to work upon entry, on the other hand she won’t be able to enter the US until she’s approved and the process takes longer than a K-3

K-3 usually takes less time but cost more, and she will have to apply for EAD or green-card upon on arrival to the US.

Another question, can she travel to the U.S once we apply for either of these visas or she was to wait until she’s been approved.

Can visit the USA while I-130 is being processed, just need to provide evidence that will not overstay allowed period of visit, showing that is still in school should do the trick.

There is NO difference as to being able to visit or not while either K-3 or CR-1 visa petition is being processed.

CR-1 is filing I-130 ONLY.

K-3 is filing I-130, followed by filing I-129F with copy of I-130 receipt letter, for the (K-3 OPTION).

[John A 0]

Sorry for all the questions but I’m new to this, if we apply for the K-3 visa and than she moves to the Seattle and we file for AOS and EAD upon her arrival, does she still have to go to Montreal for her interview ?

[canadian_wife 1,829]

I think K visas are also processed in Vancouver.

CR-1 is the far superior visa. Good luck

[Reba 2]

K3 she would have her interview in Vancouver. CR1 interview would be in Montreal, they're the only US consulate in Canada that processes immigrant visas.

She will still have to wait outside the US while either/or the K3 or CR1 petitions are being processed, so plan to be living apart for the first year or so of your marriage, if not longer depending how quick you are with submitting the paperwork after your wedding. She can come and go to visit during that, but can't stay to wait it out unfortunately.

[John A 0]

Sorry I don't get it

if we apply for the K-3 and change status, she will have the K-3 interview in Vancouver, BC but will still have another interview in Montreal?

[Chica Yeyé 41]

Sorry I don't get it

if we apply for the K-3 and change status, she will have the K-3 interview in Vancouver, BC but will still have another interview in Montreal?

If you go for a K-3 visa, she will interview in Vancouver; and then do her AOS + EAD in Seattle.

If you go for the CR-1 visa, she will interview in Montreal and will NOT have to do either AOS or EAD.

[Reba 2]

If you go for a K-3 visa, she will interview in Vancouver; and then do her AOS + EAD in Seattle.

If you go for the CR-1 visa, she will interview in Montreal and will NOT have to do either AOS or EAD.

zackly!

K3 is a non-immigrant visa, and once she has that (takes about a year) and has moved to the US, she will then still have to apply for employment document and adjustment of status, for an additional cost of $1010. EAD will take about 90 days after you submit it, during which time she can't even apply for an SSN, and probably can't get a driver's license.

CR1 is an immigrant visa (also takes about 1 year). With this visa she has immediate employment authorization as soon as she enters the US, and can go and apply for SSN as soon as she arrives.

K3 being a non-immigrant visa can be interviewed for in Vancouver. Montreal however is the *only* US cnsulate in Canada that processes immigrant visas, so if you go that route, she will have to travel to Montreal for the interview.

[John A 0]

I feel like the for the cost K-3 or CR1 is going to be very close especially if you has to fly to Montreal for CR1 interview, but I was hoping that the K-3 will be few month faster if processed in Vancouver and that way she won’t have to travel as well.

What do you guys think?

[Reba 2]

Check the processing timelines for other Vancouverites and see how long K3s are taking. Then look for Canadian CR1s thru Montreal and see how long they're taking. Then price out a flight to Montreal, figure out total costs for both scenarios and see what you come up with. And remember when you're figuring costs, your spouse will not be able to work for several months after entering the US with a K3, so there is also loss of income to consider, as well as the AOS fees.

Not to mention the several months of bordom!