HELP getting married to a us citizen k3 or cr 1

[usernameisdiff 0]

I was told by the immigration office that i could apply for a travel permit allowing me in and out access so I don't have to stay in the US while the application process was being done that might not be the right form but i think it is I read it somewhere else..but I keep looking though to make sure

[Darnell 8,478]

Hey timetoride -

Please review http://www.visajourney.com/forums/topic/269905-help-getting-married-to-a-us-citizen-k3-or-cr-1/page__view__findpost__p__4131898

or post #11 in this topic.

In either 'thing' - there are two links, into the Visa Journey GUIDE section, covering a specific 'path'. Sometimes people can't see links, or decide not to click links for some reason - but....

I swear to you, these links ARE SAFE - IS OK to click them with a MOUSE, will not install any malware on yer computer. If you are using a cell phone with web browsing capability - hey ! get on a computer somewhere soonish, review this topic again, click some links in yer topic.

Review all, then you decide which path you wish to take, yes?

Edited August 16, 2010 by Darnell

[usernameisdiff 0]

They also told me if i leave the US they would consider me abandoning my I-130 thats why i need this travel permit

[LotofPatience 65]

They also told me if i leave the US they would consider me abandoning my I-130 thats why i need this travel permit

What you are talking about is K3 path. What you heard is correct.

Here you come as non-immigrant in K3 visa. Then adjust the status by I-485. Now you can't leave the U.S. Along with I-485 filing you need to file I-131 to travel back and forth. That's correct.

That's your another option.

Loto

[Darnell 8,478]

I was told by the immigration office that i could apply for a travel permit allowing me in and out access so I don't have to stay in the US while the application process was being done that might not be the right form but i think it is I read it somewhere else..but I keep looking though to make sure

The I-131 document, advanced parole, usually applies to someone who is adjusting status

EITHER FROM a

K-1 visa or

Tourist Visa

The problem with adjusting from a Tourist Visa, is that EVEN if the Advanced Parole is GRANTED, if you overstay, then leave on the AP, you are not gauranteed (sp?) to be let back in. Yer most likely gonna overstay because of the time lag in getting the Advanced Parole Document.

If you are 'Canadien Passport Holder' then you not need this advanced parole, but you do need to pay attention to yer 'duration of time' in the USA, ya? If you are Canadien Permanent Resident, with a Passport NOT from Canada, then you must either

--utilize the visa waiver program, if you qualify (OR)

--get new tourist visa PRIOR to each time you cross south across the border.

Sometimes is confusing, if you are Canadien Citizen, as rarely are you given a 'B-2 visa stamp' - you might be given some card, you might simply be given the return date, orally, or you might even get an I-94 - it all depends on the Border Crossing Guard and how they feel that day.

now, as to travel permit allowing me in and out access so I don't have to stay in the US while the application process was being done - eh - things change over time. If you and your wife file the Adjustment of Status (and not the CR-1 visa path) then it makes no sense to me, to cross back and forth, as 'leaving USA' usually voids any status, interim status, or casefile processing. You could, of course, file for Adjustment of Status, include the I-131 document with the filing, and hope/pray it comes in quickly - but even the Advanced Parole Document takes between 2 to 3 months to be sent to you, after applying for it.

Edited August 16, 2010 by Darnell

[usernameisdiff 0]

i think i need to make another appt with them as to find out what the best route would be there is a way of doing it so i dont cancel my app

[LotofPatience 65]

i think i need to make another appt with them as to find out what the best route would be there is a way of doing it so i dont cancel my app

Your best route is clearly outlined by Darnell.

However, it is your choice to read them if you know all those terms or consult with your attorney.

Loto

[usernameisdiff 0]

thanks for all your help

[LotofPatience 65]

thanks for all your help

You can read all your options here: http://www.visajourney.com/content/compare

Loto

[Darnell 8,478]

i think i need to make another appt with them as to find out what the best route would be there is a way of doing it so i dont cancel my app

I have a really hard time, trying to 'vette' what was told to you, as mostly - it makes no sense for 'current process'.

Perhaps it made sense, ages past, but for 'these days' ??? I'm terribly sorry, you've confused me, much. Perhaps it's my language problem, I'm not certain...

I've outlined, briefly (but with links that contain content to read) 2 paths that are possible for you. Suggest you learn more about these 2 paths.

[RightClicK 17]

cr1

[mrs.T 1]

Nope.

CR1 is immigrant visa. K3 visa was created to bring the spouse faster. But now both CR1 and K3 takes same time.

People familiar with the travel between U.S and Canada will answer it. I think you need to use some visa waiver program to travel, but can't work in the U.S.

Loto

Loto,

I agree with the first one.CR-1 it's immigrant(you're already a green card holder the min. you come in the US) K3 it's non immigrant (you have to do adjustment of status)

However, on the second one....regarding the visiting/working issue No!

As long as you're in pending for a visa type(CR1 or K3) to be aproved you CAN NOT use a different kind of visa B2/visa waiver or whatever at the same time, for traveling back and forth/work regradless of the country of the beneficiary.

There's no country more special than another, otherwise we will all be using that to be with out loved ones, right?!

At this point the benef. has 2 options:

1- come in the US using the visitor visa or waiver;get married file the I-130 ,but you can't travel nor work until you have done the adjustment of status and apply for traveling permit.The good part is that you're with the spouse,the cons. can't travel ,can't work costs extra $$$

2- get married , go back to his/her country file the I-130(which is the green card) file for I129 (K3) and wait for the rest of the process there, but you have to apply for traveling permit!Pros; it's "supposly" faster than CR1 cons; costs more $$$, and you can't travel nor work

or wait until the I-130 get aproved (CR-1)pros; the green card comes in the mail within a few weeks after the arrival in the US.costs less $$$ Cons: peple think it takes longer than K3...

ohh.... nedless to say that in case#1 - it's NOT recomended to tell the authorities at POE that you're going to get married and stay, I don't think they'll aprove it i think it's called "dual intent"

good luck, let us know what have you decided

[mrs.T 1]

1- come in the US using the visitor visa or waiver;get married file the I-130

SORRY!! I ment to say I-485 my bad

[LotofPatience 65]

Mrs.T, you are right.

Loto