K1 / K3 or CR1...looking for guidance

[abpredator25 0]

Hello all,

I am new to this whole process and I am looking for some guidance. My situation is as follows. I am currently engaged to a Canadian who resides in Winnipeg. She has a four year old son with an ex to whom she was never married to. We were planning to get eloped in September while she is in Ontario for business, then have a ceremony after we get her to the states. However we are having a hard time trying to decide which visa to apply for. She currently serves in the Canadian Forces and will be seperating in July, which is another complication. Would it be advantageous to file for the K1 or K3 or the CR1? Time is a factor for us and we are looking for the fastest way to accomplish this whole process. Also, my wife to be doesnt want to lose her canadian citizenship, will that happen if we apply and she is still serving in the military? I've been reading the guides for the K1 and K3 and it looks like I would have to provide evidence of a relationship for the K1 and evidence of an ongoing marriage for the K3. Im confident with the first, however, Im not sure what evidence I could provide if we go the K3/CR1 route. Especially since we are or possibly marrying soon, any advice? Also, is trying to bring her son over going to be difficult? I apologize if this seems like a lot of stupid questions. I've been reading the guides and as many posts as I can and Im more conflicted than when I started. If anyone can help us with some wisdom it would be greatly appreciated.

[Darnell 8,479]

Some light reading?

Comparison on K-3 vs CR-1 - http://www.visajourney.com/forums/topic/204324-wondering-if-i-made-a-mistake-marrying-in-us/page__view__findpost__p__3060767

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/

Good Luck !

[canadian_wife 1,828]

Being from Canada, there are only 2 consulates that do the interviews, Montreal (does K and Cr-1 visas) and Vancouver (only does K). So if you marry, her interview will have to be in Montreal. Montreal is a terribly slow consulate - averaging 3 - 4 months for an interview after a completed case at NVC.

Bringing her son will need a seperate I130 with separate fees if you marry. The son can be as a derivative off the K visa if you decide not to marry. The father of the boy will need to give his consent for the child to immigrate to the US.

I STONGLY suggest you stop calling her 'wife' before you are married - especially if you intend on filing for a K visa. VJ members have been denied a fiance visa for referring to a fiance as husband/wife. The adjudicator assumes they are married.

She is not going to lose her citizenship. First, after this process, she will become a permenant resident. She then has the choice of becoming a naturalized citizen or staying as a permenant resident. While the US does not require you to formally give up Canadian citizenship, they do not recognize dual citizenship - however, Canada does. So she can actually be a citizen of both countries without issue.

If you marry in Ontario, you are looking at 6-8 weeks before you can file since it takes that long to obtain the marriage certificate

http://www.visajourney.com/content/i130guide1

Questions regarding her military service are best asked to her CO or liason officer. Not too many people here are knowledgeable about the Canadian military so for best answers, and not guesses, have her ask at the base.

Read the guides I linked to you and Darnell's.

Good luck

[Penguin_ie 5,996]

You say she will be separating from the military in July... does that mean July 2011? If so, you have plenty of time for either the K1 or CR-1, but I would recommend the CR-1 as time won't be of the essence, and the CR-1 leads to an immediate greencard (can work etc) upon entry, plus is cheaper.

[abpredator25 0]

Being from Canada, there are only 2 consulates that do the interviews, Montreal (does K and Cr-1 visas) and Vancouver (only does K). So if you marry, her interview will have to be in Montreal. Montreal is a terribly slow consulate - averaging 3 - 4 months for an interview after a completed case at NVC.

Bringing her son will need a seperate I130 with separate fees if you marry. The son can be as a derivative off the K visa if you decide not to marry. The father of the boy will need to give his consent for the child to immigrate to the US.

I STONGLY suggest you stop calling her 'wife' before you are married - especially if you intend on filing for a K visa. VJ members have been denied a fiance visa for referring to a fiance as husband/wife. The adjudicator assumes they are married.

She is not going to lose her citizenship. First, after this process, she will become a permenant resident. She then has the choice of becoming a naturalized citizen or staying as a permenant resident. While the US does not require you to formally give up Canadian citizenship, they do not recognize dual citizenship - however, Canada does. So she can actually be a citizen of both countries without issue.

If you marry in Ontario, you are looking at 6-8 weeks before you can file since it takes that long to obtain the marriage certificate

http://www.visajourney.com/content/i130guide1

Questions regarding her military service are best asked to her CO or liason officer. Not too many people here are knowledgeable about the Canadian military so for best answers, and not guesses, have her ask at the base.

Read the guides I linked to you and Darnell's.

Good luck

Thanks for the info...if the father isnt on the birth certificate will I still need to obtain permission from him to bring the child to the states?

[canadian_wife 1,828]

Does the father know about the child? Is there a custody agreement between her and him?

[abpredator25 0]

Does the father know about the child? Is there a custody agreement between her and him?

The father knows about the child but there is no custody agreement. Do you know of anyway around this or do we have to get his permission? Thank you for your attention to this, I really appreciate it.

[canadian_wife 1,828]

Since the child obviously has a father (who also has rights by the way) I strongly suggest you do what you can to get his permission. Otherwise you may delay your case, especially if you get that dragon woman at Montreal - she's tough on everyone!

good luck

[abpredator25 0]

Since the child obviously has a father (who also has rights by the way) I strongly suggest you do what you can to get his permission. Otherwise you may delay your case, especially if you get that dragon woman at Montreal - she's tough on everyone!

good luck

Hey thanks again for the info, I was hoping that we wouldnt have to go that route but it seems like we do. What would we need for permission, an affidavit or something to that effect? Also do you know or anyone else know if she would be able to travel to the U.S. during the process or does she need to stay in Canada throughout until the visa is approved?

Thank you for all your help

[missads 59]

... Also do you know or anyone else know if she would be able to travel to the U.S. during the process or does she need to stay in Canada throughout until the visa is approved?

Thank you for all your help

No, she won't be able to travel to the US if you guys get married. She will have to wait until the visa has been approved.

And stay away from the K-3 visa. Just send in your I-130 (i.e. IR-1) and sit tight. Applying for the K-3 doesn't buy you anything, it only tacks on a few extra weeks of processing time.

See the thread below by those of us who made that mistake are bitching about it

http://www.visajourney.com/forums/topic/268468-any-k-3-noa2s-received-lately/

This is a classic case of when doing less is actually better

[canadian_wife 1,828]

No, she won't be able to travel to the US if you guys get married. She will have to wait until the visa has been approved.

This is incorrect. MANY (and I mean MANY) Canadians have visited the US while the immigrant visa process is pending. Since Canadians do not travel on the VWP nor require a visitors visa to visit, we simply show up at the boarder, get asked a few questions, and can enter successfully. Often, when married to an American, we are asked to show our 'ties' to Canada - in the form of a lease/mortgage, job letter, etc - to show we intend on returning.

All entrance and duration of stay is up to the CBP however, denials of entry have and do happen.

Good luck

[missads 59]

This is incorrect. MANY (and I mean MANY) Canadians have visited the US while the immigrant visa process is pending. Since Canadians do not travel on the VWP nor require a visitors visa to visit, we simply show up at the boarder, get asked a few questions, and can enter successfully. Often, when married to an American, we are asked to show our 'ties' to Canada - in the form of a lease/mortgage, job letter, etc - to show we intend on returning.

All entrance and duration of stay is up to the CBP however, denials of entry have and do happen.

Good luck

I stand corrected. Thanks for pointing that out

What I said applies to other countries though, especially Asian/African countries. Canadians (citizens, not PR holders) have special privileges...

Edited August 12, 2010 by missads

[Darnell 8,479]

ya, one exception is Singapore, an Asian Country on the Visa Waiver Program. Once ya gots in with the ETSA, life is grand(er).