Questions Re. i130, Entering US & K3

[sebald 0]

I am a dual citizen (Canada/US), currently living in Toronto with my Canadian girlfriend. I plan on moving to the US in September to start grad school, and would like my girlfriend to join me - our plan is to permanently remain in the US after I finish school. Therefore, we are thinking of getting married this summer in Toronto, and then filing an i130 so that she can obtain a CR1. My questions:

1) Is it faster to submit the i130 through the Canadian consulate while I am still living in Canada, or through the USCIS once I move to the US?

2)What are the approximate processing times?

3)Will my spouse be able to enter the US as a visitor - and stay for up to 6 months per year - while the i130 is being processed? If she describes the full situation to the border guard, does she run the risk of being turned away? Will the border guard be able to see that she is applying for a CR1 just by looking at her passport??? And since I am a dual citizen, would it be that dishonest for her to say that she is visiting her 'Canadian' husband?

4)Is it worthwhile to apply for a K3 as well? Will this allow her to legally move to the US any sooner, or will it take just as long as the i130?

If anyone has any answers to these questions, it would be greatly appreciated.

Thanks!

[Bern. 3]

I say marry now and file for DCF. It's the fastest way! I would not go back to the USA to file a CR-1 because then you're looking at an average 6 month wait. Heck, it could be shorter but more than likely, it is a really really long wait. The border officer would be unable to tell if a person is in line for a visa just by scanning their passport. And if she is asked, who she is visiting, she should be 100% HONEST. ''My husband is a dual citizen of Canada the USA.''

But seriously, get a co-sponsor in the USA and DCF. It'll save your sanity. @@

[sebald 0]

Thanks for this fast response. But what is a DCF?

Also, I have one more important question:

After we send off the i130 for processing, could my spouse enter the US as a visitor and REMAIN in the US until the process is complete? I realize the process would probably take longer than 6 months. I also realize that she would eventually have to go to Montreal for a final interview. But after the interview in Montreal she would obtain her green card right away, yes? And then she could legally enter the US again and not worry that she had exceeded the 6 month period on her previous visit? By the way, the address we would use for her on the i130 form would be my parents' address (Oakville, Ontario, Canada).

Does this plan sound reasonable?

[pushbrk 13,133]

Thanks for this fast response. But what is a DCF?

Also, I have one more important question:

After we send off the i130 for processing, could my spouse enter the US as a visitor and REMAIN in the US until the process is complete? I realize the process would probably take longer than 6 months. I also realize that she would eventually have to go to Montreal for a final interview. But after the interview in Montreal she would obtain her green card right away, yes? And then she could legally enter the US again and not worry that she had exceeded the 6 month period on her previous visit? By the way, the address we would use for her on the i130 form would be my parents' address (Oakville, Ontario, Canada).

Does this plan sound reasonable?

DCF = Direct Consular Filing. Visiting during the process is the number one FAQ here. If you file DCF, it's not likely to take six months.

Start with the guides. The green card comes after entering with the CR1 visa, not before.

Edited June 9, 2009 by pushbrk

[trailmix 77]

Thanks for this fast response. But what is a DCF?

Also, I have one more important question:

After we send off the i130 for processing, could my spouse enter the US as a visitor and REMAIN in the US until the process is complete? I realize the process would probably take longer than 6 months. I also realize that she would eventually have to go to Montreal for a final interview. But after the interview in Montreal she would obtain her green card right away, yes? And then she could legally enter the US again and not worry that she had exceeded the 6 month period on her previous visit? By the way, the address we would use for her on the i130 form would be my parents' address (Oakville, Ontario, Canada).

Does this plan sound reasonable?

You should have a look at the guides (link at the top of this page).

Yes your spouse can visit - whether she can enter or not is entirely up to the border person at the port of entry. Ideally she will need to show strong ties to Canada - a lease for housing or mortgage documents - letter from employer etc etc. Since it sounds like she intends to basically 'move' - that might be a problem. Canadians are not allowed to go and 'live' in the U.S. without the proper visa.

She can stay for 6 months - that's it - she will then need to leave the country. Now she can attempt to reenter the U.S. right away, after leaving - but refer to paragraph one as to why this will probably not fly.

Do not have her overstay the 6 month visiting period.

[Bern. 3]

Thanks for this fast response. But what is a DCF?

Also, I have one more important question:

After we send off the i130 for processing, could my spouse enter the US as a visitor and REMAIN in the US until the process is complete? I realize the process would probably take longer than 6 months. I also realize that she would eventually have to go to Montreal for a final interview. But after the interview in Montreal she would obtain her green card right away, yes? And then she could legally enter the US again and not worry that she had exceeded the 6 month period on her previous visit? By the way, the address we would use for her on the i130 form would be my parents' address (Oakville, Ontario, Canada).

Does this plan sound reasonable?

Your spouse could enter the US but it's really the customs officer decision in the end, so be sure to bring proof of strong ties to Canada. And your spouse would be unable to wait in the US until the process is done simply because they will have to have a medical done and then an interview at the consulate in Montreal.