K3, I130, cheque cashed...

[CanuckGurl 3]

Hi everyone - if anyone could give some advice/tips it would be appreciated.

I am a Canadian citizen married to an American citizen - we each want to get documentation that permits each of us to freely cross the border to each other's country, whether it be to visit or to work, but neither of us wishes to give up our citizenships.

When I went to cross the border last month I got turned back because I am married to an American and must have a K-3 Visa to enter the country. This is what the border guards specifically stated to me time and time again. They also, very kindly, gave me a sheet of paper with instructions on what we needed to do.

K3/K4 Instructions

Step 1: Send I130 to Nebraska

Step 2: Send I129 with evidence I130 has been filed (Notice of Receipt) to Illinois

(There's more info on the sheet then this, but this is the jist of it.)

We sent in the I130 and the cheque was cashed yesterday.

How long will it take for my husband to receive the Notice of Receipt? Also is it true, what the border guards told me, that once we have the Receipt it proves we have the paperwork in process and I can go to the US to visit my husband? They said so long as we have evidence of our intent then I can be in the US but from what I've been reading up on on these forums everyone is separated from their loved ones for months and months and months.

Thank you for your time. =)

[trailmix 77]

Hi,

It usually only takes a couple of weeks to receive the NOA1.

All of the information he gave you is incorrect. I'm sure you have already noticed that you send the I-130 to Chicago, not Nebraska.

First of all, if the I-130 reaches the national visa center before or at the same time as the I-129F, you will be persuing a CR1 or IR1 visa (depending on how long you have been married, 2 years or less - CR1, more than 2 years, IR1). This is an immigrant visa. Generally they do arrive at the NVC at the same time, so just be prepared for that, you will want to have a look at the CR1/IR1 guide here.

If either of you get permanent residency (U.S. or Canada), you are not required to give up your citizenship at any point, so that is not an issue. In fact you can have both Canadian and U.S. citizenship (dual citizen).

As for visiting, it is 100% up to the border guard on the day, that's all there is to it. What he told you about needing proof of filing to cross is untrue as well. It certainly won't hurt to have the NOA1 handy, but more importantly ensure you bring proof of ties to Canada, things like a rental lease or mortgage documents, letter from employer stating when you are expected back, a return ticket, etc.

One thing though, are you ready to move to the U.S.? Once you get your visa for the U.S. you are expected to be a permanent resident, not residing in the U.S. will mean forfeiting your permanent residency (in a nutshell)

How will the Department of State process my K-3 visa petition?

Important Notice: Effective February 1st, 2010, when both the I-129F petition for a nonimmigrant K visa and the I-130 petition for an IR-1 (or CR-1) spouse of a U.S. citizen visa have been approved by USCIS and sent to the National Visa Center (NVC), the availability as well as the need for a nonimmigrant K-3 visa ends. If the NVC receives both petitions:

•The nonimmigrant K visa will be administratively closed.

•The application process explained below will not be applicable and cannot be used.

•The NVC will contact the petitioner and you with instructions for processing your IR-1 (or CR-1) immigrant visa. For more information on the immigrant visa process review the Immigrant Visa for a Spouse webpage.

If the NVC does not receive your I-130 petition and I-129F at the same time, the NVC will process your I-129F petition.

Edited June 11, 2010 by trailmix

[Darnell 8,478]

This 'sheet of instructions' is WAAAAAAAAAAAAAAAAAY outdated, and the fact it was given to you -

gives me pause for the cause -

Someone should really track down that POE station, get on the @ss of the boss, instigate a document review and audit of all aged-out paperwork. That 'border guard' gave you the wrong info.

Nebraska ? Hasn't been 'used' in years, for initial filing. I DO MEAN YEARS.

[CanuckGurl 3]

Hello again

We got the NOA1 in the mail today - for the first time ever my husband called me at work because he just couldn't wait to tell me the good news!

From what I've been reading the instructions say we are now to fill out an I-129, and I want to ensure I'm understanding everything - this form is to be sent to the California processing centre (because that's where the NOA1 shows our paperwork has been sent) - and the purpose of this form is to let me work in the US? Is this form absolutely necessary, right now, if I don't plan to work in the US but to continue working my job in Canada, as it permits me to only work part of the year?

Thank you for the tips on the permanent resident for Canada and the US - I hadn't thought about it enough (obviously) otherwise I would've realized we can't each be saying we are permanent residents of each other's country of origin. I'll have to call CIC and ask them what, if any, Visa my husband can get so he can, at the very least, come up for a visit to Canada. At the Canadian border he was given a 1 year visitor's visa on the spot, no paperwork required but a copy of our marriage certificate - sure do wish the US was as easy at that!

I appreciate the help the border guards gave me, but I sure wish they had up to date information - first I was told I could visit if I left all my belongings behind in Canada (ouch!), then I was told I could be let in using the I-94 form (which Canadians are waived from having to fill out) but I would have to see the Port Master Overseer (?), who was gone for the day, for the final say and then upon my third visit in as many days to the same border crossing I was given my walking papers with the sheet of out of date instructions clutched in my hands as if it were gold. Ultimately this led to me finally getting someone on shift that was able to point me in the right direction, which ultimately led me and my spouse to filing the I130 (and mailing to Chicago not Nebraska) and finding this awesome group of people helping others via these forums.

So in a nutshell - is the I-129 absolutely necessary for the I-130 to be processed?

Thanks again for your help!

[canadian_wife 1,822]

No, in fact, the I-129F can slow down your process and will have VERY little benefit to you. My advice, stick to the I-130 and wait it out

Good luck

[Darnell 8,478]

I suggest you give up any positive thought to the I-129F and K-3 - see K-3 administratively closed - http://www.visajourney.com/news/2010/02/07/department-of-state-to-close-k-3-visas-if-i-129f-and-i-130-petitions-approved-and-received-together/ You could have negative thoughts about it, sure, just don't put any pen to the I-129F form.

The definitive comparison between K-3 and CR-1 - http://www.visajourney.com/forums/topic/204324-wondering-if-i-made-a-mistake-marrying-in-us/page__view__findpost__p__3060767

If there are childen to travel with the mother /spouse - suggest to USC Spouse to file new I-130 for each child, this week, referencing the spouse's CSC receipt # in a cover letter.

Good Luck !

Edited June 17, 2010 by Darnell