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Filed: Timeline
Posted

Hi,

I am just curious, my husband and I just got married and I returned to Canada to bring back my things but now to return I was told it would have been easier if I just stayed in the US to apply for my green card right away, I was told I can re enter on a Visitors Visa and then apply for a Visa to stay and apply for permanent residence if me and my husband do not want to be apart for to long, is it better to get the K3 Visa before I leave and wait (what is the average wait time if anyone knows?) or can i enter on a visitors visa and apply for permanent residence when I enter the US and skip these procedures because others have done it in the past

Filed: IR-1/CR-1 Visa Country: China
Timeline
Posted (edited)

Who 'told you' ?

If yer Canadien, though - you not need a Visitors Visa to enter. (Not a B-2 ) .

Warmest Regards..

Edited by Darnell

Sometimes my language usage seems confusing - please feel free to 'read it twice', just in case !
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Filed: Citizen (apr) Country: Canada
Timeline
Posted

Whoever told you that you could re-enter as a tourist and then stay and apply for your permenant residency told you to commit visa fraud and I guarentee they won't care if you get deported for doing so...not to mention the lifetime ban that could result.

File the Cr-1. It is a superior visa. Click on the tab that says "guides" and follow. DO NOT enter as a tourist with the intentions of staying.

Good luck

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Filed: Citizen (apr) Country: Canada
Timeline
Posted

The K-3 is basically obsolete right now. Since you are married you need to pursue a CR-1 visa. You are not allowed to live in the US while this is being processed but you are allowed to visit as long as you can provide proof of ties to Canada for the border authorities. Your husband starts the process by submitting an I-130 petition to USCIS. When the petition is approved, the processing moves first to the National Visa Center and then to the US Consulate in Montreal who will advise you what you need to do next. You will require security checks, an immigration medical, all sorts of documents and an interview. When you are approved you will be allowed to move to the US and once you cross the border will become a permanent resident. You can expect the process to take up to a year.

If when you entered the US and got married you had not planned on getting married, you would have been allowed to stay in the US and apply to become a permanent resident without leaving the US (not even to go and get your belongings until you received special permission from USCIS). If your intent when you entered the US was to get married, then you are not allowed to apply for your green card (AOS) from within the US as that is considered Visa Fraud - using visitor's status with the intent to become a permanent resident.

Someone has been giving you very bad - and very dangerous - advice.

“...Isn't it splendid to think of all the things there are to find out about? It just makes me feel glad to be alive--it's such an interesting world. It wouldn't be half so interesting if we knew all about everything, would it? There'd be no scope for imagination then, would there?”

. Lucy Maude Montgomery, Anne of Green Gables

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