Help with K3 visa please

[zachm611 3]

Hello, I am in need of some help from anyone who is willing and able to help. the story is I married my wife in the Philippines, however she is now living in Canada on a work visa, I think I already know the answer and that is that she will have to go back to Manila for interview, also is all the paperwork done by me here, I130, I129 etc, does she need to do anything on her part with the embassy as far as an application goes? thank you all so much in advance! I am confused and want to get this right the first time around and maybe hoping to hear its possible to do it in canada instead of philippines though i doubt it thanks again,

Zach

[filipinay 0]

Hi Zach

If she is legally working in Canada, she can have her interview be done in US Embassy in Canada, when you fill up the forms you should put the consulate where she will process her papers. My friends from Philippines are working in Canada and came here on fiance visa and married a USC. They didnt went back to Philippines to do their interview, it was all done in US Embassy in Toronto. My sister got married in Canada to a USC and at that time she was working in Canada and didnt have to come back to Philippines. They process everything in Canada and came here. No need to go back to Philippines as long as you can prove they she is legally staying in Canada you can process everything in Canada.

Goodluck.

[filipinay 0]

She would need a certified copies of her birth certificate, certified copy of your marriage certificate, nbi clearance from Philippines, Police Clearance in Canada and if she lived to another country for more than 6 mos she needs to get a police clearance. Just follow the K3 guide on here and you will be ok, only thing you will be processing in Canada instead of Philippines. Just make sure she got all the above docs i mentioned earlier they are needed as they ask for original documents during the interview.

[Darnell 8,478]

if you've not filed any paperwork yet, please be advised that the K-3 visa route is mostly dead - review 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/ and I think you'll understand the tossing process.

IF you've not filed anything yet, then when you FILL out the I-130, her 'local address' in Canada should be enough, on USCIS intake processing, to 'get the casefile homed to Montreal'.

Good Luck !

[zachm611 3]

yes she is legally working in Canada thank you so much you guys! and Darnell nothing has been filed yet i plan on submitting the I130 next week, do you advise not filing the K3 visa?

[zachm611 3]

sorry to double post did not see a edit button but i just want to verify that it will be ok to do the interview at a us embassy in Canada even though we were married in the philippines, the website says it must be done at country marriage took place, I am not doubting you at all I just want to be sure. thank you all sooo much this site is such a blessing to me! and im sure many other people.

[Darnell 8,478]

http://www.visajourney.com/forums/topic/271701-help-with-k3-visa-please/page__view__findpost__p__4159732

[Dakine 26]

yes she is legally working in Canada thank you so much you guys! and Darnell nothing has been filed yet i plan on submitting the I130 next week, do you advise not filing the K3 visa?

DON'T file for the K3. They are obsolete plus more costly and no way as good as the CR-1.

Just a few reasons why to go with the CR-1. If you are eligible for a IR-1 then you would be nuts going with a K3!

The K3 has to adjust status which cost $1010 + $131 visas application fee.

Have to go thru the cost and hassles of getting a I-693 also.

K3 normally has to do biometrics and have a AOS interview. Time off from work cost the petitioner. PLUS the hassles of submitting the paperwork and going for the interview. Tain’t fun.. Especially if denied or questioned. Ever done a Stokes interview?

That’s the second interview if they are in doubt of your relationship.

Also a possibility of being deported. Yeah doesn’t happen much but it happens.

K3 has to wait about 90 days after they file to get EAD or GC so they can get SSN and be able to work.

CR-1 can work as soon as they get the GC and SS card in the mail. Normally with 6 weeks.

Can’t do a LOT of things without SSN. Like work or get a drivers license in some states.

Some K visas don’t get GC for a LONG time.

If petitioner goes belly up before you get GC you stand a chance of being deported.

If the petitioner loses his/her job after the interview you don’t have to worry about getting a co sponsor to adjust status!

CR-1 cost about $470

Get their GC and SS card in the mail within 6 weeks of arrival.

No biometrics , dealing with civil surgeons, AOS interviews, going to SSA for SS card.

I’m sure I’ve missed a few things.

Bottomline is anyone that goes with the K3 the way things are now are masochist!

Yeah I did but at that time K3s were a LOT faster. That’s not the case anymore.

[Darnell 8,478]

I don't see any issue with her being interviewed in Montreal, even though the marriage was in the PI.

She's a legal resident of Canada, the interview CAN be done in Montreal.

[zachm611 3]

She does not have permanent residence status she is there on a work visa is this still acceptable? Also would Calgary based us embassy be ok or are all interviews done in Montreal. I guess I will go for the cr1 visa then. Main reason wanted to do k3 is that it was said to be faster than cr1 etc. Thanks guys

[canadian_wife 1,822]

ALL interviews are done in Montreal for Cr-1 spousal visas. No other consulates in Canada do them. As long as she is legally in Canada, she may apply for the visa in Canada.

K3 hasn't been faster than the Cr-1 is multiple years. Stick with the Cr-1 visa.

Good luck

[Darnell 8,478]

She does not have permanent residence status she is there on a work visa is this still acceptable? Also would Calgary based us embassy be ok or are all interviews done in Montreal. I guess I will go for the cr1 visa then. Main reason wanted to do k3 is that it was said to be faster than cr1 etc. Thanks guys

What were your thoughts, after reading 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/ ??

[zachm611 3]

What were your thoughts, after reading 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/ ??

After reading that i have decided to go with the CR1 visa thanks! I guess I will open a CR1 thread next! thanks for the help guys!