Needing some direction.

[Avery 0]

Good Morning,

My husband is a US Citizen and I am Canadian. He arrived in Canada in June 2007, and we got married on July 2007. We started the Canadian Immigration process (which has been nothing but a headache). He is currently sitting with a work visa and a visitor's extension (or temp resident it doesn't say) until January 2010. A process we are now abandoning.

We have since decided that this is not the place for us and need to move to the US.

Unfortunately we are unsure where we need to file our I130 and which course of action would prove the most timeliest in our situation. We have a time limit before he is required to leave. (10 months)

We are unable to book with our local consulate as we are in Winnipeg. All visa applications and NON emergency inquires are delt with ONLY at the Calgary office. We are on a limited budget (aren't we all). So travel is kinda out of the question.

The options we think we have are as follow:

1. We file the I130 at the Vermont center and pray it doesn't get lost. Filing with a I129F(K-3) shortly after.

2. We file the I130 at the Chicago office (as he is from Ohio) and again following with the I129F.

3. We file the I130 with the I485 at the Chicago office and hope it goes faster.

4. Somehow manage to scrape enough money to travel to Calgary and get an appointment there and apply.

I have been all over every website and majority of these forums. (Perhaps I'm not good at finding information) I've called our local consulate (who won't help us with inquires), I've called the visa office at (603)334-0700. I've called (202) 663-1225 and I've tried (403) 266-8962. As well as (785)330-1048 which tells me its out of service.

If anyone can give me some time lines that I would be looking at I would forever be grateful. Or at least point us where on earth we have to send these papers. I hate sitting on them.

Thank you so so so much in advance. =)

[YuAndDan 153]

If you have residency in Canada, consider filing the I-130 at the nearest US consulate (DCF) this will greatly speed up the processing. The required period of residency for a US citizen in foreign country is 6 months.

Note, US citizen will need to re-establish US domicile if they gave it up, BEFORE the visa interview.

More than likely you will receive an IR-1 visa which will generate a 10 year permanent green-card upon entry.

I-130 is filed at the US Consulate in Canada (DCF) OR to The Chicago PO BOX ONLY.

You cannot enter the USA and attempt to adjust status (I-485+I-130) this will be VISA FRAUD, using visitors status as a way to immigrate to the USA.

Forget the K-3, it COSTS MORE, and lately takes the same time to process as IR-1, and filing the I-130 to the US consulate is quicker.

K-3 has the added burden of adjustment of status ($1010) and cannot take a job until they have EAD (90 days or more to get). IR-1 can take a job the moment they arrive in the USA, because they get green-card upon entry.

Edited April 1, 2009 by YuAndDan