Canadian Fiance going to remain working in Canada

[pushbrk 13,150]

Sounds like you've got your head around things pretty well. I may be the strongest advocate against following the I-130 filing with an I-129F for spouse. However, in your case based on how things are today, I would go ahead and file it when the time comes. You aren't in a hurry, so any month or so of time it costs will be of no consequence. If you could somehow manage to actually obtain the K3 visa, you would avoid both the trip to Montreal AND any issues of maintaining permanent resident status. The K3 is good for multiple entries for two years and can be renewed in two year increments, as needed. I never heard of anybody renewing it more than once but it appears possible. You could then simply adjust his status to permanent resident when it suits you.

It costs more this way but not as much more as a trip to Montreal. Of course a lot COULD change by the time you actually marry.

[Happy2gether 1]

Hi Push...

I really do appreciate your thoughtful and informative replies. As his being able to come and go is not based on "needing" a visa at this time, it makes sense for us to wait until we had planned to get married (Dec 2010-Jan 2011). As the status of the K3 is in question, getting married sooner (rather than as planned) on the chance that a K3 is possible is not a pragmatic course of action...better to stick with our original plan with the added knowledge of documenting our relationship and make an informed decision in January 2011.

With the changing immigration issues, things could look quite different in a few months. I will be watching the dialog and events surrounding the K3 and CR1 issue over the next several months. If a significant benefit arises for us to file sooner rather than later, we can get married at anytime. Otherwise, when our time comes, we'll be able to make a well informed decision, thanks in large part to the information shared here in this forum. I see that you are in Vancouver...as in Washington? If so we are near neighbors!

Is there a thread for NEW changes to Visa issues/policies on this forum? With these "modifications" to K3...it might be a useful thread...but I am a newbie!!

Again, heartfelt thanks for all the wonderful information, knowledge is indeed power!

[pushbrk 13,150]

Hi Push...

I really do appreciate your thoughtful and informative replies. As his being able to come and go is not based on "needing" a visa at this time, it makes sense for us to wait until we had planned to get married (Dec 2010-Jan 2011). As the status of the K3 is in question, getting married sooner (rather than as planned) on the chance that a K3 is possible is not a pragmatic course of action...better to stick with our original plan with the added knowledge of documenting our relationship and make an informed decision in January 2011.

With the changing immigration issues, things could look quite different in a few months. I will be watching the dialog and events surrounding the K3 and CR1 issue over the next several months. If a significant benefit arises for us to file sooner rather than later, we can get married at anytime. Otherwise, when our time comes, we'll be able to make a well informed decision, thanks in large part to the information shared here in this forum. I see that you are in Vancouver...as in Washington? If so we are near neighbors!

Is there a thread for NEW changes to Visa issues/policies on this forum? With these "modifications" to K3...it might be a useful thread...but I am a newbie!!

Again, heartfelt thanks for all the wonderful information, knowledge is indeed power!

I wasn't suggesting a change in schedule, just that you may want to consider following your I-130 with an I-129F for spouse when the time comes. This is because if he can obtain a K3 visa, it's actually a better fit to his plans and needs.

[Happy2gether 1]

I wasn't suggesting a change in schedule, just that you may want to consider following your I-130 with an I-129F for spouse when the time comes. This is because if he can obtain a K3 visa, it's actually a better fit to his plans and needs.

Oh yes, I understood that...

We had always planned to get married Dec 2010/Jan 2011...but with the last boarder crossing hassle...we thought...hmm...what are we missing?? Hence my interest and diving into gathering information on a visa (of some sort) that might smooth his crossing (obviously it does not at this point). I believe your advice to be very sound, it has helped us tremendously. Provided additional information regarding the K3 status is not revealed, the route you prescribed seems to be the most prudent course. If there is a definite phase out of the K3 announced (by that I mean a clear "must be filed by x date to be considered" of some sort)...we may choose to get married earlier to make a cut off...but again, that is an uncertainty. So...we will wait and watch and be more informed and prepared when our time comes

I appreciate your direct, rational and very logical discussions.

[Gary and Alla 3,694]

Vancouver does not do any CR1 or IR1 interviews. The only family visas interviewed for in Vancouver are the K visas.

Good information, Push. I stand corrected.

[Gary and Alla 3,694]

I wasn't suggesting a change in schedule, just that you may want to consider following your I-130 with an I-129F for spouse when the time comes. This is because if he can obtain a K3 visa, it's actually a better fit to his plans and needs.

Just for curiosity, and because the topic comes up often in border areas, why do you feel the K-3 is better than the CR-1 in this case? I know it is multiple entry, but wouldn;t doing the CR-1 eliminate the need for the AOS process and the possibilty the applicant may be out of town when he needs to go to interviews or biometrics? My thought was to minimize the "after action" processing in the USA

[ValerieA 350]

Just for curiosity, and because the topic comes up often in border areas, why do you feel the K-3 is better than the CR-1 in this case? I know it is multiple entry, but wouldn;t doing the CR-1 eliminate the need for the AOS process and the possibilty the applicant may be out of town when he needs to go to interviews or biometrics? My thought was to minimize the "after action" processing in the USA

My thought would be to avoid possible issues with the border authorities assessing that you are abandoning your permanent residence by spending so much time in Canada. With a K3, this wouldn't be an issue until status is adjusted to LPR.

[pushbrk 13,150]

Just for curiosity, and because the topic comes up often in border areas, why do you feel the K-3 is better than the CR-1 in this case? I know it is multiple entry, but wouldn;t doing the CR-1 eliminate the need for the AOS process and the possibilty the applicant may be out of town when he needs to go to interviews or biometrics? My thought was to minimize the "after action" processing in the USA

K3 (probably moot) avoids concerns with maintaining permanent residence and avoids the expense of a trip to Montreal from Western Canada. Biometrics can be done on any succeeding same day of the week as the initial appointment. Adjusting schedules for one AOS interview is no big deal.

[Rebecca Jo 1,962]

My thought would be to avoid possible issues with the border authorities assessing that you are abandoning your permanent residence by spending so much time in Canada. With a K3, this wouldn't be an issue until status is adjusted to LPR.

So at some point this couple needs to decide where they will live.

[Gary and Alla 3,694]

So at some point this couple needs to decide where they will live.

Not really, unless he wants to maintain an LPR status and one day get citizenship, which I would think he would. He can travel back and forth indefinitely and be married to an American without LPR status if he chooses. If his job situation were to change he may want to have the option of working in the US. I am never one to take opportunities off the table. But it would not be absolutley necessary. If one did a survey in my neighborhood, you would find the majority of the residents are Canadian citizens, with and without LPR status.

I understand whT Pushbrk is saying, just furthering the options. The K-3 would allow him to avoid AOS for up to two years.

Until then, just make sure he has a Canadian address, proof he "lives" there and proof he will return to Canada on each visit. He should have no problems.

[Rebecca Jo 1,962]

Not really, unless he wants to maintain an LPR status and one day get citizenship, which I would think he would. He can travel back and forth indefinitely and be married to an American without LPR status if he chooses. If his job situation were to change he may want to have the option of working in the US. I am never one to take opportunities off the table. But it would not be absolutley necessary. If one did a survey in my neighborhood, you would find the majority of the residents are Canadian citizens, with and without LPR status.

I understand whT Pushbrk is saying, just furthering the options. The K-3 would allow him to avoid AOS for up to two years.

Until then, just make sure he has a Canadian address, proof he "lives" there and proof he will return to Canada on each visit. He should have no problems.

Sure the K3 might be perfect.

It might be one of those times for the petitioner to cover the case with some correspondence asking the case not be closed at NVC.

[Happy2gether 1]

Thank you all...I very much appreciate the discussion. Very informative!

I realize our situation may seem a bit out of the ordinary, but his earning capacity is significantly better where he is, and the schedule rotation affords us 14-10 days together at a time (meaning I do not share him with work at all in those times)...which to us is a real plus. Would I love him here all the time, you bet However, in our case, that is not likely for some time. Things might change, for sure, and it makes sense to keep options open. Additionally as he is the primary income earner, our situation is a bit...different...I am guessing than most.

IF the K3 visa is available after our wedding, that is what we would obviously prefer...IF We'll see where it goes from here. Further, looking into retirement and pensions etc...we will eventually need to consider the implications of altering citizen statuses. These are some of the ancillary issues we have been looking into before setting forth a complete plan.

What a great finds this site was...thank you all

[pushbrk 13,150]

Not really, unless he wants to maintain an LPR status and one day get citizenship, which I would think he would. He can travel back and forth indefinitely and be married to an American without LPR status if he chooses. If his job situation were to change he may want to have the option of working in the US. I am never one to take opportunities off the table. But it would not be absolutley necessary. If one did a survey in my neighborhood, you would find the majority of the residents are Canadian citizens, with and without LPR status.

I understand whT Pushbrk is saying, just furthering the options. The K-3 would allow him to avoid AOS for up to two years.

Until then, just make sure he has a Canadian address, proof he "lives" there and proof he will return to Canada on each visit. He should have no problems.

K3 visa holders don't need evidence they will return to Canada. It is expected they have eventual immigrant intent but have multiple entries available for two years AND the visa can be extended in increments of two years. They may choose to remain and adjust status after ANY entry, and continue to come and go during the AOS process with immigrant intent as a given.

[Gary and Alla 3,694]

K3 visa holders don't need evidence they will return to Canada. It is expected they have eventual immigrant intent but have multiple entries available for two years AND the visa can be extended in increments of two years. They may choose to remain and adjust status after ANY entry, and continue to come and go during the AOS process with immigrant intent as a given.

Thanks Pushbrk.