Please Help! Canadian looking at a K1, K3 or CR-1. Which best fits my situation and which gets me in the US the quickest??

[js66 0]

Hello everyone,

I’m looking for some information on what will be the quickest Visa to be approved and what would be best for me.. The K1, the K3 or the CR-1.

It seems like the CR-1 may have made the K3 close to obsolete. Am I correct in saying that? I am a little confused on how filing a CR-1 files you a K3 at the same time. Could someone set me straight?

I have looked all over the site and it seems like the approvals range all over the map. I’m sure there are many reasons for that so I thought I’d ask some of the really knowledgeable people here.

My Situation:

- I’m Canadian and I’ve been here in the US for 8 years on multiple TN Visas

- My TN Visa will expire in late June

- I am not currently married but we are talking about getting married before my TN visa expires if that would speed up the process.

- My job is changing from a contractor to a company employee. As an employee my company doesn’t want to be involved in any Visas so I have to do this on my own another TN visa is not an option.

- My company is global. They have told me that if I go to Canada I can keep my position and work there. If I choose to become legal to work in the US they will transfer me to the US payroll when that is an option and I can live in the US again.

- I have to accept the company position before I have time to do an AOS. I need to be on the Canadian or American payroll in about 6 weeks. I would not be able to stay in the US the required 90 days after marriage. If I stayed in the US with out starting work in Canada the company can not hold my position at work and I would be unemployed.

My objectives

- I want to marry my girlfriend that I live with and have been dating a few years and I want us together as much as possible

- To be legal to work in the US as soon as possible

- I want to take the new position offered to me as a company employee

From what I can tell I’m in a position where I can apply for a K1, K3 or CR-1. I really don’t know what would be the best.

Because I can’t stay the 90 day’s it sounds like I will have to go to Canada. I would have loved the AOS but it doesn’t look like an option. I may or may not get married prior to that depending on what would keep us together more. I would like to marry before leaving but I may not if a fiancé visa would be quicker.

I have heard many different times for the various visas and am getting conflicting reports from attorneys I have talked to. I spoke with two attorneys about CR-1’s. One attorney is telling me 6 months and the other is telling me about 12 months. One is telling me I can visit the US while I wait the other says I cannot.

Everyone here is so kind and knowledgeable. Any advice or help would be greatly appreciated.

[Dakine 26]

K3 may be a bit faster but DEFINITELY is worth the wait.

To start CRs are immigrant visas and receive their GC and SS card in the mail shortly after arriving in the US.

No need to go thru the $1010 cost, stress and hassle of doing the AOS.

No need another interview or do biometrics.

Not having a SS card can prevent one doing a lot of things such as get drivers license, joint bank accounts etc.

K3s are nonimmigrant visas and have to go thru AOS. It can take a LONG time to get GC. Can be denied and deported also. Rare but the chance is still there.

If the relationship or petitioner goes belly up before the beneficiary has GC in hand they stand an excellent chance of being deported.

At this time if done properly it only takes about a month longer to do the CR-1 or IR-1.

The CR-1 recipient can almost immediately work, get drivers license, joint bank accounts, and anything else where a GC and SS card are required .

PLus can return home without waiting for AP or GC in case of emergency!

K3 visas have to wait at about 3 months for EAD so they can get a SSN.

Petitoner has to qualify financially at the interview and then a few months later at the AOS. Some petitioners have been getting laid off due to the economy causing more AOS problems.

CR/IR only does so once at NVC.

[pushbrk 13,131]

K3 may be a bit faster but DEFINITELY is worth the wait.

To start CRs are immigrant visas and receive their GC and SS card in the mail shortly after arriving in the US.

No need to go thru the $1010 cost, stress and hassle of doing the AOS.

No need another interview or do biometrics.

Not having a SS card can prevent one doing a lot of things such as get drivers license, joint bank accounts etc.

K3s are nonimmigrant visas and have to go thru AOS. It can take a LONG time to get GC. Can be denied and deported also. Rare but the chance is still there.

If the relationship or petitioner goes “belly up” before the beneficiary has GC in hand they stand an excellent chance of being deported.

At this time if done properly it only takes about a month longer to do the CR-1 or IR-1.

The CR-1 recipient can almost immediately work, get drivers license, joint bank accounts, and anything else where a GC and SS card are required .

PLus can return home without waiting for AP or GC in case of emergency!

K3 visas have to wait at about 3 months for EAD so they can get a SSN.

Petitoner has to qualify financially at the interview and then a few months later at the AOS. Some petitioners have been getting laid off due to the economy causing more AOS problems.

CR/IR only does so once at NVC.

For crying out loud, you made the same post in three forums.

[No-Where-Man 147]

Hello everyone,

I’m looking for some information on what will be the quickest Visa to be approved and what would be best for me.. The K1, the K3 or the CR-1.

It seems like the CR-1 may have made the K3 close to obsolete. Am I correct in saying that? I am a little confused on how filing a CR-1 files you a K3 at the same time. Could someone set me straight?

I have looked all over the site and it seems like the approvals range all over the map. I’m sure there are many reasons for that so I thought I’d ask some of the really knowledgeable people here.

My Situation:

- I’m Canadian and I’ve been here in the US for 8 years on multiple TN Visas

- My TN Visa will expire in late June

- I am not currently married but we are talking about getting married before my TN visa expires if that would speed up the process.

- My job is changing from a contractor to a company employee. As an employee my company doesn’t want to be involved in any Visas so I have to do this on my own another TN visa is not an option.

- My company is global. They have told me that if I go to Canada I can keep my position and work there. If I choose to become legal to work in the US they will transfer me to the US payroll when that is an option and I can live in the US again.

- I have to accept the company position before I have time to do an AOS. I need to be on the Canadian or American payroll in about 6 weeks. I would not be able to stay in the US the required 90 days after marriage. If I stayed in the US with out starting work in Canada the company can not hold my position at work and I would be unemployed.

My objectives

- I want to marry my girlfriend that I live with and have been dating a few years and I want us together as much as possible

- To be legal to work in the US as soon as possible

- I want to take the new position offered to me as a company employee

From what I can tell I’m in a position where I can apply for a K1, K3 or CR-1. I really don’t know what would be the best.

Because I can’t stay the 90 day’s it sounds like I will have to go to Canada. I would have loved the AOS but it doesn’t look like an option. I may or may not get married prior to that depending on what would keep us together more. I would like to marry before leaving but I may not if a fiancé visa would be quicker.

I have heard many different times for the various visas and am getting conflicting reports from attorneys I have talked to. I spoke with two attorneys about CR-1’s. One attorney is telling me 6 months and the other is telling me about 12 months. One is telling me I can visit the US while I wait the other says I cannot.

Everyone here is so kind and knowledgeable. Any advice or help would be greatly appreciated.

Generally

the bet visa cant be worked with now as of time and process is the CR-1

CR-1 now take an average of 60 days to be approved then transefred to NVC for further processing before consulate( thats an average .someimes more ..another much less like my case and other members if u look to timelines )

CR-1 adventages : less paper work ...less money ...and u wont deal with USCIS only few later ,,and CR-1 get u Green card (conditional for two years ..then applying for removing condition to get ur green card for 10 years validity ..this s the case when u enter the united states before the 2nd anniv of ur marriage ...if u got married and entered the states after the 2nd Anniv of ur marriage ..u get a green card valid for 10 years at once )

K1: finace Visa ....approved by USCIS then to NVC which forward it at once to consulate ..(but approving by USCIS seems to be slow lately for such kinds of petitions ...beside alot of paper work after being in the us (u will need to file for ADJUSTMENT OF STATUS ...filling to employment authorization ...etc )

K3 : is an extend to the CR-1...its for married ppl ...u get married ..file a k3 .which take the route of K1 to consulate frm nvc directly ..but much still paper work etc ...so CR-1 is better than K3 now ..sometimes CR-1 approved even Quicker ...

Good Luck

[tnguy21809 0]

Pushbrk......for crying out loud, no one is twisting your arm to read these post! It's all done by choice! The guy has gotten conflicting information from many different sources and is trying to get enough information to make an major decision on what to do. Let him ask in as many forums as he feels he needs to make a choice. Better to have to much information then not enough. Sometimes when you get to many different views and you are not sure what is right at least you have a pecentage of a group to go with.

JS66! I hope you make the right decision for you and yours! Good Luck.

[js66 0]

For crying out loud, you made the same post in three forums.

I appologize if that is the wrong thing to do. Many other message boards I have been on for various topics have many sections like this one does.

I was affraid that if I post in just one forum... say maybe the CR-1 forum, only people interested in CR-1's would see it.

Right now my situation is pretty wide open and I think I can get any of the K1, K3 or CR-1 visas and I'm hoping to reach people that are knowledgeable on each visa.

[js66 0]

Another question for those looking for CR-1's...

Because I am already here in the US I have a US drivers license and a SSN. I have been here for 8 years working.

Does that help me at all? Do I need to get a new SSN to start employment again? Could having a SSN decrease the time I have to wait.

Better to have to much information then not enough. Sometimes when you get to many different views and you are not sure what is right at least you have a pecentage of a group to go with. JS66! I hope you make the right decision for you and yours! Good Luck.

Thank you so much for the kind words. Me and my future wife are sick to our stomachs dealing with this. I feel like I'm going to Canada, leaving her behind and I'm not sure when I can return. This board and you posters have many more answers than I ever dreamed of and in a lot of cases have been more helpful than attorneys I have been paying $150 a consultation to speak to.. thanks again.

[Waldo 0]

CR1 would be my suggestion. It's cheaper, about as fast as the K3 and you can work and travel soon after approval unlike K3 where you have to do adjustment of status before you can do anything.

[js66 0]

CR1 would be my suggestion. It's cheaper, about as fast as the K3 and you can work and travel soon after approval unlike K3 where you have to do adjustment of status before you can do anything.

Waldo,

Do you know if a K1 would be quicker?

Cost is not really an obsticle unless it was a rediculous amount. I would pay a lot right now if I could just know that I would only have to be gone 3-5 months. This is one of the reasons I'm seeking legal advice. I want to make sure this doesn't take a day longer than it has to. I want to make sure everything is done as quickly as possible and someone is there to overlook my forms etc. etc.

I have spoken to a few attorneys and I am getting different results from all of them. The latest one told me I could do a CR-1, if I got married, in 12 months or I could do the K1 if I don't get married in about 9 months. Another attorney told me 6 months.

I think you're right, the CR-1 will be the best option (because when I arrive I will have to take over my job on the US payroll immediately) but the possibility of waiting 12 months is absolutely killing the two of us. Being here in the US together for so long, it will be extremely difficult living apart. I'm sure a lot of you know exactly what I'm talking about.

USCIS

12/03/2008...Sent I-130 form

12/04/2008...Papers reached Chicago LockBox (1Day)

12/11/2008...NOA1 (7days)

12/22/2008...NOA1 hard copy received (11 days ~ Heavy Snowfall Delayed Mail)

03/14/2009...NOA2 (92 days from NOA1)

03/24/2009...NOA2 Hard copy received (No touches or web approval)

NVC

04/06/2009...Received by NVC (23 days from NOA2)

I see this attached to your post... everyone seems to have it. I'm very new to this, do you think you explain it to me?

I have looked at the tracker here Tracker and I am quite confused. What is the order of progression and in your opinion what is the average estimated time that I would have to wait to come back into the US? How long do you estimate waiting?

Thanks for your help!

[canadian_wife 1,829]

Having lived and worked in the US does not speed up your process, neither does having a lawyer.

I estimate waiting 8 months. Montreal is SLOW with scheduling interviews. Some only wait 2 months, other have waited 4 just for an interview to be scheduled.

Good luck.

[trailmix 77]

Pushbrk......for crying out loud, no one is twisting your arm to read these post! It's all done by choice! The guy has gotten conflicting information from many different sources and is trying to get enough information to make an major decision on what to do. Let him ask in as many forums as he feels he needs to make a choice. Better to have to much information then not enough. Sometimes when you get to many different views and you are not sure what is right at least you have a pecentage of a group to go with.

JS66! I hope you make the right decision for you and yours! Good Luck.

TN,

This same topic has now been posted 5 times. Like you say, it really doesn't matter - in general - and it is a good idea for the OP to get different view points and data from different groups, however.

In looking at the different posts I really think the OP is doing himself a bit of a disservice. I see him asking the same questions over and over, even after information has been posted that answers his questions. The questions he is asking - all of that information is here - however I think he may be in panic mode so isn't really seeing it.

JS - just take a deep breath and perhaps go back and read the answers in all of the threads, you will see that the answers are all there.

Many people post here every day with the same kinds of questions you have. The first thing you really need to do is look at the guides so that you understand all 3 visas yourself.

You are Canadian, therefore someones experience at a consulate or embassy in say the UK or Manila really won't apply to you. So while I understand your not wanting to leave any stone unturned, you are probably not going to get any more information than you already have, until you have specific questions about the process in Canada.

Edited April 17, 2009 by trailmix

[Beth/ Paris Heart 2]

Having lived and worked in the US does not speed up your process, neither does having a lawyer.

I estimate waiting 8 months. Montreal is SLOW with scheduling interviews. Some only wait 2 months, other have waited 4 just for an interview to be scheduled.

Good luck.

Go CR-1 route.

[Beth/ Paris Heart 2]

Pushbrk......for crying out loud, no one is twisting your arm to read these post! It's all done by choice! The guy has gotten conflicting information from many different sources and is trying to get enough information to make an major decision on what to do. Let him ask in as many forums as he feels he needs to make a choice. Better to have to much information then not enough. Sometimes when you get to many different views and you are not sure what is right at least you have a pecentage of a group to go with.

JS66! I hope you make the right decision for you and yours! Good Luck.

[MsZ 6]

Unfortunately, I don't see any way for you to stay in the US once your visa has expired. And I don't see a way for you to return to the US and be able to WORK in any short amount of time, either. You and your GF are going to have to resign yourselves to these facts.

The CR1 is the best bet. It'll get you everything you want and get you working right away. Since you already have a SS# you can tell your boss you're ready to work in the US the day you activate your Visa. That said, even if you didn't have a SS#, it isn't a very long wait. My husband got his SS# 11 days after activating, including weekends.

The good news is that you can travel back to the US to visit during the process. And she can visit you. We saw one another darn near every week during our process. And yes, sometimes scheduling the interview in Montreal can be a wait, but for the most part, it isn't that bad. By the time you get to that point, you'll have adjusted to Immigration time. The slow part is getting the K-3 approved. After that, if you follow shortcuts you'll fly through the second portion of the process. Then you'll get your interview scheduled and take your physical.

Don't worry. Just gather all of the documentation that you require. Ask questions. But don't waste your $$ on a lawyer. They won't make things faster and in too many cases, actually hinder processing. Further, they're generally far less knowledgeable about the process than people here.

Good luck.

[trailmix 77]

The good news is that you can travel back to the US to visit during the process. And she can visit you. We saw one another darn near every week during our process. And yes, sometimes scheduling the interview in Montreal can be a wait, but for the most part, it isn't that bad. By the time you get to that point, you'll have adjusted to Immigration time. The slow part is getting the K-3 approved. After that, if you follow shortcuts you'll fly through the second portion of the process. Then you'll get your interview scheduled and take your physical.

You mean I-130 approved?