Need advice on which visa method will be better.......

[blahblah1000 0]

My fiance (American) and I (Canadian) are just waiting for his divorce to be finalized (hopefully within the month) so we can start the visa process.

I am wondering if it would be better to apply for the K1 visa, and get married after I get there, or if we should get married right away and go the 1R1 route.

My concerns are

- obviously that we would like to be together as quickly as possible

- how long will I be in the states after K1 approved before I can work?

- which way is less complicated (if that exists), or expensive?

As we have a little time to map out the best strategy I am thankful for any advice.

[blahblah1000 0]

Oh, and one more thing, does anyone suggest I use an immigration lawyer? Is their help worth the expense? And if I do use one should i get one in the US or in Canada?

[HeatDeath 430]

K1 gets you here a little quicker, is significantly less complicated, is noticeably more expensive, and you won't be able to work until 1.5 to 3 months after you file for Adjustment of Status (which is after the wedding).

CR-1 is somewhat longer (1-2 months extra processing, plus a few month delay because Montreal (where they do the CR-1 interviews) is noticeably backlogged compared to Vancouver (where they do the K-1 interviews), though they are getting better.). The processing is noticeably more complicated, involving multiple interactions with the National Visa Center (about which I know almost nothing, read the guide for it - I did a K-1 personally). The whole process is somewhat cheaper than a K-1, primarily because you don't have to pay $1010 to file for AOS after you're married, and you get your Permanent Resident status the moment you step over the border so there is no delay during which you cannot work or return to Canada, as there is on a K-1. On a CR-1, you can do both right away.

A big advantage, for some people, of the K-1, is that there is no period of separation after the wedding. Many people with CR-1s do a small legal ceremony to get the ball rolling and a later, "proper" wedding with family etc later. They then have to figure out "Which one was our 'real' wedding? Which anniversary will we celebrate?", etc. With a K-1 there is only one wedding, and no separation after it, though it might be slightly more difficult to plan, because of the uncertainty in time as to precisely when the visa will be approved.

[Wyld Blu 35]

Oh, and one more thing, does anyone suggest I use an immigration lawyer? Is their help worth the expense? And if I do use one should i get one in the US or in Canada?

Unless you have a complicated case, there is really no reason for a lawyer. It will be more expensive and generally speaking take more time if you do. The guides and people here offer more than enough help for a simple visa.

As far as which visa to go for, it depends entirely up to you. We went the K1 route, and although it is the more expensive way, it gave my now husband, time to get his affairs in Holland in order for the move. It took us just around 6 months and he cannot work until we do the AOS and get his EAD. Time frames for the EAD seem to be 3-4 months from filing. I am hoping for better, but it is what it is. You can visit the guides and time frames from the tabs above.

-Blu-

[HeatDeath 430]

Oh, and one more thing, does anyone suggest I use an immigration lawyer? Is their help worth the expense? And if I do use one should i get one in the US or in Canada?

If you use a lawyer at all, it should be an American lawyer who is a member of the American Immigration Lawyers Association. Because US immigration law is federal, it is the same everywhere in the US, and you can use a lawyer anywhere in the country. Hire one for their quality, not just because they happen to be local.

But a lawyer is probably completely unnecessary. Unless one of you has a criminal record or other legal complication, doing this process is just a matter of filling out forms properly. Normal cases do not normally need a lawyer. If you get a denial or some other legal setback later in the process it might be a good idea, but the vast majority of people do not need a lawyer for this process.

if you have successfully completed any kind of post secondary education, you can do this It's well within the grasp of most reasonably intelligent high school graduates too

[blahblah1000 0]

Thanks for your replies!

Our only complication is that he has filed for bankruptcy, but it doesn't seem like that is much of a problem as long as we get a co-signer for support.

He was convicted of a misdemeanor when he was 19, would this cause a problem in me moving there?

[HeatDeath 430]

Misdemeanor? Probably not. Download and read the I-129F form from the USCIS website.

http://www.uscis.gov/portal/site/uscis/men...0004718190aRCRD

Section C has a question about any criminal history of the USC petitioner. If he can honestly answer "No" to that question, then it shouldn't be a problem.

Edited March 4, 2010 by HeatDeath

[Lona.C. 16]

Montreal does k1 too ,

it all depands where you live in canada if your local district office would be montreal or Vancouver

you can read the guides to see wich visa will be best for you

http://www.visajourney.com/forums/index.ph...mp;page=compare

his conviction wont be a problem but you do have to provide all court records,for wich ever visa you will aply for

[blahblah1000 0]

This may seem like a silly question, because I dumbly assumed things could be done in Toronto, but does that mean I will have to go to Vancouver or Montreal for the interview?

[HeatDeath 430]

This may seem like a silly question, because I dumbly assumed things could be done in Toronto, but does that mean I will have to go to Vancouver or Montreal for the interview?

Montreal. Yes. Whichever visa you end up going with. At least you can do your medical locally (They only have 4 doctors who can do US immigration medicals in all of Canada, 2 in Montreal, one in Vancouver, and 1 in Toronto. So lucky you ).

[Dot 0]

Montreal. Yes. Whichever visa you end up going with. At least you can do your medical locally (They only have 4 doctors who can do US immigration medicals in all of Canada, 2 in Montreal, one in Vancouver, and 1 in Toronto. So lucky you ).

I'm kind of confused now. My fiance is in Edmonton, Alberta Canada, I was told by him that his American Embassy or Consulate is in Calgary, so I put Calgary on the I 129-F form. Should I change this to Vancouver now? Is the packet supposed to at any point reach Calgary American Embassy???

His interview and medical exam should all be in Vancouver?????? I'm confused. I was on the Canadian Link and it doesnt really say where edmonton people are suppose to go

Edited March 5, 2010 by Dot

[HeatDeath 430]

A Canadian citizen living in Edmonton applying for a K-1 visa will do both their medical examination and their interview at the US Consulate in Vancouver. You should mark Vancouver as the US consulate on the I-129F, but it doesn't matter too much. I've read of people here putting the wrong consulate on the form, but don't worry, somewhere between USCIS and the NVC, they figure out where it is supposed to go.

There is a US consulate in Calgary, but they do not process family-based visas.

Edited March 5, 2010 by HeatDeath

[Dot 0]

A Canadian citizen living in Edmonton applying for a K-1 visa will do both their medical examination and their interview at the US Consulate in Vancouver. You should mark Vancouver as the US consulate on the I-129F, but it doesn't matter too much. I've read of people here putting the wrong consulate on the form, but don't worry, somewhere between USCIS and the NVC, they figure out where it is supposed to go.

There is a US consulate in Calgary, but they do not process family-based visas.

then I guess I will just leave it as Calgary because my printer is refusing to work now :[ I don't want to redo it :[

Thanks HeathDeath I'll make sure to go with him to Vancouver. I'm hoping I can go inside with him. Does he need to know what size clothing I wear? LOL

Oh by the way, Do you think they will do his medical exam and the interview around the same day or would he have to fly twice to Vancouver? In other words, do they schedule the interview and health exam on different days? It might be very expensive flying back and forth that way, and paying for hotel and all

Edited March 5, 2010 by Dot

[HeatDeath 430]

then I guess I will just leave it as Calgary because my printer is refusing to work now :[ I don't want to redo it :[

Thanks HeathDeath I'll make sure to go with him to Vancouver. I'm hoping I can go inside with him. Does he need to know what size clothing I wear? LOL

Oh by the way, Do you think they will do his medical exam and the interview around the same day or would he have to fly twice to Vancouver? In other words, do they schedule the interview and health exam on different days? It might be very expensive flying back and forth that way, and paying for hotel and all

I would probably redo the form. Attention to detail is the byword here. It's good practice, and there's a lot more bureaucracy to come.

Unfortunately, I'm not sure if you'll be allowed inside with him or not. I think I remember couples in the waiting room, but I can't remember what kind of visa they were applying for. Once the I-129F is approved, and your fiance receives his visa Application packet (also called a Packet 3) from the consulate, he'll be able to email them at vancouverk@state.gov to find out.

The way they usually arrange medicals and interviews is thusly: First the consulate will issue you an interview date. You are allowed to request a range of dates. Make sure to request a Wednesday or Thursday, preferably a Thursday. Once you have an interview date that is a Wednesday or a Thursday, you email the medical clinic (wokingmedical@telus.net) and tell them when your interview is. They only do immigration medicals on Wednesdays, at 6:30 AM. You want to arrive early, around 5:50-6:00 .There is a hotel called the Burrard Inn right next door. Very convenient . Anyways, they will slot you into the Wednesday as close as possible before your interview. Thus the ideal interview date is on Thursday, so you can do both over a single two day period.

I wasn't able to get an interview on Thursday. Mine was on Wednesday in the early afternoon. So I went to my medical first thing in the morning, then I went to my interview in the afternoon, then I went back to the medical clinic, picked up my results (which are available after 2 pm on the day of your exam) and schlepped them back to the consulate for final approval. You want to hustle a little for this part - the consulate closes at 4. I was able to pick up my passport with the visa after 2:15 pm the next day, but they will also mail it to you (in an expresspost envelope you provide) if necessary.

[HeatDeath 430]

then I guess I will just leave it as Calgary because my printer is refusing to work now :[ I don't want to redo it :[

Just cross it out with a neat line and print in "Vancouver" neatly in black ink. They have no problem with that as long as it's neat and readable.