The best path to choose?

[drchouinard 0]

Hello,

I am new to this forum (obviously,) but not to this site. I have been trying to wade through everything for a while now. Its all so confusing to me and I feel like I'm in over my head After reading through a lot of information these past two years, I really REALLY wish that I didn't have to deal with immigration, but I guess I have to so... I want to do this as quickly and painlessly as possible (like I am sure most of us do.)

Anyways, I am an American citizen (born) and my fiance is a Canadian citizen. We have been together for over two years now and just recently got engaged. We also have a baby on the way :-D I am 29 weeks pregnant. Anyways, I was wondering if the best path to take is to apply for the K-1 or to get married and apply for the K-3.. or if there is any other option availible?

I also have a few concerns about the overall process. I am slightly worried about the income support because I don't make very much money. In fact, I receive assistance from a few government programs (which is kinda silly because if he was here I wouldn't need them..)

Next, we were hoping for him to be able to stay with the baby and I after its birth while awaiting the visa approval. Since he is Canadian, I know that he doesn't require a vistors visa to be here, and obviously he couldn't work or anything. But would this affect the process at all? Or would he just have to return to Canada for the interview at the consulate?

Any help or comments are greatly appreciated.

Thanks,

Doni

[FaridS 0]

I have heard that the K1 visa takes much less time than the K3 visa.

[drchouinard 0]

I have heard that the K1 visa takes much less time than the K3 visa.

I have heard that too, but I have also heard K3 is less complicated.. Isn't there additional paperwork and things you have to fill out after you get married with the K1?

[thepizzadude 26]

Hello,

I am new to this forum (obviously,) but not to this site. I have been trying to wade through everything for a while now. Its all so confusing to me and I feel like I'm in over my head After reading through a lot of information these past two years, I really REALLY wish that I didn't have to deal with immigration, but I guess I have to so... I want to do this as quickly and painlessly as possible (like I am sure most of us do.)

Anyways, I am an American citizen (born) and my fiance is a Canadian citizen. We have been together for over two years now and just recently got engaged. We also have a baby on the way :-D I am 29 weeks pregnant. Anyways, I was wondering if the best path to take is to apply for the K-1 or to get married and apply for the K-3.. or if there is any other option availible?

I also have a few concerns about the overall process. I am slightly worried about the income support because I don't make very much money. In fact, I receive assistance from a few government programs (which is kinda silly because if he was here I wouldn't need them..)

Next, we were hoping for him to be able to stay with the baby and I after its birth while awaiting the visa approval. Since he is Canadian, I know that he doesn't require a vistors visa to be here, and obviously he couldn't work or anything. But would this affect the process at all? Or would he just have to return to Canada for the interview at the consulate?

Any help or comments are greatly appreciated.

Thanks,

Doni

I would suggest you read the guides a little bit to get familiar with the different types of visas available...

The K1 is gonna be the quickest more than likely but has a higher cost than the others also cannot work for about 3+ months or more depending on how quick you marry.

You will need to make approximately 22K+ to qualify to sponsor him based on 3 people in family. You may need a co-sponsor depending on your income, can't really answer based on your "I don't make very much".

Good Luck

Edited August 20, 2009 by thepizzadude

[Otto 83]

• K-1 is the only option if you're not already married.
• Of the two paths remaining - the K-3 and/or CR-1 (IR-1 if married a while) - the CR-1 is probably the wisest choice.

The difference comes down to a couple of things - financial is one, the CR-1 will be less expensive in the long run, and the second is what happens when the foreign spouse arrives in the US (CR-1 gets their PR/Green Card right away, can work, etc and doesn't have to adjust status, the K-3 may get her slightly faster, but will have to wait and adjust status - plus pay the AOS fees).

That's the thumbnail sketch of it anyway

Edited August 20, 2009 by Otto und Karin

[drchouinard 0]

I would suggest you read the guides a little bit to get familiar with the different types of visas available...

The K1 is gonna be the quickest more than likely but has a higher cost than the others also cannot work for about 3+ months or more depending on how quick you marry.

You will need to make approximately 22K+ to qualify to sponsor him based on 3 people in family. You may need a co-sponsor depending on your income, can't really answer based on your "I don't make very much".

Good Luck

I have read both the guides, but neither choice stood out as the clear way to go. Sorry, I know "I don't make very much" is not a concrete statement. I am a student, so I only work part time most of the year. Last year I made less than 10K, but I also got financial assistance from scholarships and the pell grant. Regardless, I am guessing I will need a co-sponsor. Any special comments about that? Can it be anyone willing or?

• K-1 is the only option if you're not already married.
• Of the two paths remaining - the K-3 and/or CR-1 (IR-1 if married a while) - the CR-1 is probably the wisest choice.

The difference comes down to a couple of things - financial is one, the CR-1 will be less expensive in the long run, and the second is what happens when the foreign spouse arrives in the US (CR-1 gets their PR/Green Card right away, can work, etc and doesn't have to adjust status, the K-3 may get her slightly faster, but will have to wait and adjust status - plus pay the AOS fees).

That's the thumbnail sketch of it anyway

Makes sense.. Thanks

[Leo&Farah 0]

Hello,

I am new to this forum (obviously,) but not to this site. I have been trying to wade through everything for a while now. Its all so confusing to me and I feel like I'm in over my head After reading through a lot of information these past two years, I really REALLY wish that I didn't have to deal with immigration, but I guess I have to so... I want to do this as quickly and painlessly as possible (like I am sure most of us do.)

Welcome to VJ! You'll love it here.

Anyways, I am an American citizen (born) and my fiance is a Canadian citizen. We have been together for over two years now and just recently got engaged. We also have a baby on the way :-D I am 29 weeks pregnant. Anyways, I was wondering if the best path to take is to apply for the K-1 or to get married and apply for the K-3.. or if there is any other option availible?

There is the K1, CR-1 and K3. K3 is mostly obsolete now since it was used before when CR-1 took AGES. Now CR-1 takes only a few months (i've read someone had a CR-1 done here on VJ in about 5 months). If anything, the trend I've seen is about an added 2-3 months to the K1. The CR-1 is cheaper in the long run than K1 and when he gets to the US he can work immediately, have his greencard sent in the mail etc. With the K1, you have to adjust later on which is an additional 1000 or so. There's biometrics, medical, shots etc as well. Of course you have to be married for the Cr-1. Overall since you said there won't be a problem with him going there to be with you while waiting it out, in terms of cost and efficiency in starting a life together immediately, I would personally recommend the CR-1. Whats a few more months, if that, compared to saving a grand or so and having him able to immediately help with the income? Especially if he will be there with you anyway. Many people take the K1 because they want the fastest thing possible and can't afford flying back and forth and face countries that don't issue tourist visas easily. Anyway, try doing a search on CR-1 timelines here and don't quote me on the exact time frame as it varies. However I have seen a few CR-1 cases that made me go "o_O and K1 is supposed to be faster?"

I also have a few concerns about the overall process. I am slightly worried about the income support because I don't make very much money. In fact, I receive assistance from a few government programs (which is kinda silly because if he was here I wouldn't need them..)

Sounds like you need a co-sponsor. From what I have read it can be anyone that is a USC or naturalized citizen. Does not have to be a family member unless Canada consulate is specific about that. It is legally binding for a few years though (not sure on the amount) so have to make sure that is made clear to the sponsor. The sponsorship is NOT however to be mistaken as a guarantee that they will support the beneficiary financially, merely a guarantee that the beneficiary will not be a burden to the state.

Next, we were hoping for him to be able to stay with the baby and I after its birth while awaiting the visa approval. Since he is Canadian, I know that he doesn't require a vistors visa to be here, and obviously he couldn't work or anything. But would this affect the process at all? Or would he just have to return to Canada for the interview at the consulate?

He would have to fly back to attend the interview for K1 or CR-1/K3 regardless. There might be an issue at POE so he has to make sure he has the standard proof of strong ties to Canada when he crosses the border. Visiting wont affect the process and is allowed. Just don't lie about ANYTHING to the officer at POE. THAT will effect things. The only issue is managing to get past POE and convince them he won't suddenly stay there illegally and that is done with proof of social and economical ties.

Any help or comments are greatly appreciated.

No problem.

Thanks,

Doni

[trailmix 77]

Hello,

I am new to this forum (obviously,) but not to this site. I have been trying to wade through everything for a while now. Its all so confusing to me and I feel like I'm in over my head After reading through a lot of information these past two years, I really REALLY wish that I didn't have to deal with immigration, but I guess I have to so... I want to do this as quickly and painlessly as possible (like I am sure most of us do.)

Anyways, I am an American citizen (born) and my fiance is a Canadian citizen. We have been together for over two years now and just recently got engaged. We also have a baby on the way :-D I am 29 weeks pregnant. Anyways, I was wondering if the best path to take is to apply for the K-1 or to get married and apply for the K-3.. or if there is any other option availible?

I also have a few concerns about the overall process. I am slightly worried about the income support because I don't make very much money. In fact, I receive assistance from a few government programs (which is kinda silly because if he was here I wouldn't need them..)

Next, we were hoping for him to be able to stay with the baby and I after its birth while awaiting the visa approval. Since he is Canadian, I know that he doesn't require a vistors visa to be here, and obviously he couldn't work or anything. But would this affect the process at all? Or would he just have to return to Canada for the interview at the consulate?

Any help or comments are greatly appreciated.

Thanks,

Doni

Lots of good replies here, just wanted to say that which visa you chose should be dependant on what your priority is.

In Canada there are only 2 consulates that do interviews for Visas. Vancouver does interviews for K visas only. Montreal does interviews for all CR1/IR1 (no matter where you live in Canada) and K visas for people who live in the eastern provinces.

So, let's say your absolute number 1 priority is having your fiance there, but it's imperative that he be able to start work as soon as possible after arriving. You would want to get married now and apply for the CR1 visa because he will be legally able to work as soon as he enters the U.S. - that process will take around 11 months.

Maybe him working is not the number 1 priority for you - maybe having him there is, in which case you would want to chose the K1 or K3, especially if he lives in Western Canada as Vancouver is much faster for getting an interview and the K1 or K3 processing, is faster.

If you tell us where he lives and what your number one priority is I think you will get more detail on which visa would be more advantageous to you

Also, he can come and visit you, but as someone said he needs to bring strong proof of ties to Canada with him, when he crosses the border. Also, while he does not need a visa to visit, he can only stay 6 months at a time. Now, after that 6 months he could turn around and head back to Canada for a day and then attempt to enter the U.S. again right away for another 6 months - however he would probably have a hard time convincing the border person that he had not already taken up residence in the U.S.

Edited August 20, 2009 by trailmix

[drchouinard 0]

Thanks everyone for all the relevant and helpful information.

My fiance lives in northern manitoba. I think the main priority is for us to be together, since the baby will be here in a few months.. But it would be nice not to have to pay that extra 1000 for him to be able to work in the US. The nice thing about him coming here is that he has almost no bills he is attatched to.. that is to say that most of his bills are rent, utilities, internet, etc., so mostly all I have to worry about is feeding him lol. So the CR-1 might be the best if its cheaper in the long run..

Well, I have lots to think about and discuss with my finace..

[Usui Takumi 1,562]

Thanks everyone for all the relevant and helpful information.

My fiance lives in northern manitoba. I think the main priority is for us to be together, since the baby will be here in a few months.. But it would be nice not to have to pay that extra 1000 for him to be able to work in the US. The nice thing about him coming here is that he has almost no bills he is attatched to.. that is to say that most of his bills are rent, utilities, internet, etc., so mostly all I have to worry about is feeding him lol. So the CR-1 might be the best if its cheaper in the long run..

Well, I have lots to think about and discuss with my finace..

Sounds like that is the best for you. That way with money tight he could search for a job immediately upon arrival.