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canuckmoran

K3 then AOS or K1 then AOS

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Filed: IR-1/CR-1 Visa Country: Canada
Timeline

Good afternoon everyone,

My fiancee and I are getting married in May 2011. We have filed for our K1 (July 2010) now comes the big part. It people's opinion is it better to go back to my home country - Canada - and apply for a K3 Visa and then AOS or should I just do the AOS when I get there after we are married. I know there are many benefits to both sides, but everyone's opinion will be welcomed.

Thanks

Richard

USCIS
July 15/2014 - I-130 Fedex to Chicago Lockbox
July 20/2014 - Received email confirming docs sent to CSC
July 23/2014 - Received NOA1 via snail mail
Aug 25/2014 - USCIS approved Petition
Sept 2/2014 - Rec'vd copy of NOA2 - file sent to NVC
NVC
Oct 09/2014 - Rec'vd welcome letter from NVC with Case number.
Oct 10/2014 - Filled in DS-261 form
Oct 18/2014 - Paid AOS fees
Dec 24/2014 - Paid IV Fee
Dec 31/2014 - Competed and scanned DS-260 form (not sent).
Feb 4/2015 - Emailed AOS and IV packages and now the waiting begins. (Scan Date)
Mar 4/2015 - Rec'vd 60 Day Letter
Apr 1/2015 - Rec'vd Checklist (did not include preparers page) Waiting for updated I-864 papers.
Apr 6/2015 - Resent I864 (AOS) Checklist via EP. Now waiting again!!!!
Apr 16/2015 - Rec'vd 60-day notice email - alot quicker than last time.
Apr 27/2015 - Rec'vd confirmation from NVC we have a CC.
Montreal
May 07/2015 - Rec'vd P4 email providing interview date and requirements
May 21st/2015 - Medicals w/ Dr. Lyndon
June 30/2015 - Interview Date
June 30/2015 - Approved
July 7th/2015 - Received Passport and Documents
July 17th/2015 - Cross POE
July 28th/2015 - Receive SSN
xxxxx/2015 - Receive GC
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Filed: IR-1/CR-1 Visa Country: China
Timeline

I would never, ever suggest the K-3 visa -

here's some backgrounder -

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/

Now, interchange 'CR-1' for 'K-3' - and that's a whole nother beastie.

Sometimes my language usage seems confusing - please feel free to 'read it twice', just in case !
Ya know, you can find the answer to your question with the advanced search tool, when using a PC? Ditch the handphone, come back later on a PC, and try again.

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Filed: Citizen (apr) Country: Canada
Timeline

k3 is a dead visa

why would you apply for a K-1 only to leave for Canada after your wedding? I read your last post in the K1 section and I guess I'm confused as to what you actually want to do

Good luck

USCIS
August 12, 2008 - petition sent
August 16, 2008 - NOA-1
February 10, 2009 - NOA-2
178 DAYS FROM NOA-1


NVC
February 13, 2009 - NVC case number assigned
March 12, 2009 - Case Complete
25 DAY TRIP THROUGH NVC


Medical
May 4, 2009


Interview
May, 26, 2009


POE - June 20, 2009 Toronto - Atlanta, GA

Removal of Conditions
Filed - April 14, 2011
Biometrics - June 2, 2011 (early)
Approval - November 9, 2011
209 DAY TRIP TO REMOVE CONDITIONS

Citizenship

April 29, 2013 - NOA1 for petition received

September 10, 2013 Interview - decision could not be made.

April 15, 2014 APPROVED. Wait for oath ceremony

Waited...

September 29, 2015 - sent letter to senator.

October 16, 2015 - US Citizen

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Filed: IR-1/CR-1 Visa Country: Canada
Timeline

k3 is a dead visa

why would you apply for a K-1 only to leave for Canada after your wedding? I read your last post in the K1 section and I guess I'm confused as to what you actually want to do

Good luck

Hi Canadian_wife,

Thanks for all of your responses. The reason why I am thinking about going to back home after our wedding/honeymoon is because it will allow me to continue to work at my well playing job until my paperwork comes through unlike waiting for my AOS papers to go through without working and relying on my wife's salary.

Richard

USCIS
July 15/2014 - I-130 Fedex to Chicago Lockbox
July 20/2014 - Received email confirming docs sent to CSC
July 23/2014 - Received NOA1 via snail mail
Aug 25/2014 - USCIS approved Petition
Sept 2/2014 - Rec'vd copy of NOA2 - file sent to NVC
NVC
Oct 09/2014 - Rec'vd welcome letter from NVC with Case number.
Oct 10/2014 - Filled in DS-261 form
Oct 18/2014 - Paid AOS fees
Dec 24/2014 - Paid IV Fee
Dec 31/2014 - Competed and scanned DS-260 form (not sent).
Feb 4/2015 - Emailed AOS and IV packages and now the waiting begins. (Scan Date)
Mar 4/2015 - Rec'vd 60 Day Letter
Apr 1/2015 - Rec'vd Checklist (did not include preparers page) Waiting for updated I-864 papers.
Apr 6/2015 - Resent I864 (AOS) Checklist via EP. Now waiting again!!!!
Apr 16/2015 - Rec'vd 60-day notice email - alot quicker than last time.
Apr 27/2015 - Rec'vd confirmation from NVC we have a CC.
Montreal
May 07/2015 - Rec'vd P4 email providing interview date and requirements
May 21st/2015 - Medicals w/ Dr. Lyndon
June 30/2015 - Interview Date
June 30/2015 - Approved
July 7th/2015 - Received Passport and Documents
July 17th/2015 - Cross POE
July 28th/2015 - Receive SSN
xxxxx/2015 - Receive GC
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Filed: IR-1/CR-1 Visa Country: Canada
Timeline

I would never, ever suggest the K-3 visa -

here's some backgrounder -

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/

Now, interchange 'CR-1' for 'K-3' - and that's a whole nother beastie.

Hi Darnell,

THanks for the reply. I see the CR-1 and its many benefits. My question is what is the difference between doing an AOS in the USA after getting married and doing a CR-1?

Richard

USCIS
July 15/2014 - I-130 Fedex to Chicago Lockbox
July 20/2014 - Received email confirming docs sent to CSC
July 23/2014 - Received NOA1 via snail mail
Aug 25/2014 - USCIS approved Petition
Sept 2/2014 - Rec'vd copy of NOA2 - file sent to NVC
NVC
Oct 09/2014 - Rec'vd welcome letter from NVC with Case number.
Oct 10/2014 - Filled in DS-261 form
Oct 18/2014 - Paid AOS fees
Dec 24/2014 - Paid IV Fee
Dec 31/2014 - Competed and scanned DS-260 form (not sent).
Feb 4/2015 - Emailed AOS and IV packages and now the waiting begins. (Scan Date)
Mar 4/2015 - Rec'vd 60 Day Letter
Apr 1/2015 - Rec'vd Checklist (did not include preparers page) Waiting for updated I-864 papers.
Apr 6/2015 - Resent I864 (AOS) Checklist via EP. Now waiting again!!!!
Apr 16/2015 - Rec'vd 60-day notice email - alot quicker than last time.
Apr 27/2015 - Rec'vd confirmation from NVC we have a CC.
Montreal
May 07/2015 - Rec'vd P4 email providing interview date and requirements
May 21st/2015 - Medicals w/ Dr. Lyndon
June 30/2015 - Interview Date
June 30/2015 - Approved
July 7th/2015 - Received Passport and Documents
July 17th/2015 - Cross POE
July 28th/2015 - Receive SSN
xxxxx/2015 - Receive GC
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Filed: IR-1/CR-1 Visa Country: Vietnam
Timeline

Why complete the K1 process then? You will end up doing the visa process twice in your scenario.

Better to marry and then do the CR1 spouse visa that would allow you to work after entry.

I-864 Affidavit of Support FAQ -->> https://travel.state.gov/content/visas/en/immigrate/immigrant-process/documents/support/i-864-frequently-asked-questions.html

FOREIGN INCOME REPORTING & TAX FILING -->> https://www.irs.gov/publications/p54/ch01.html#en_US_2015_publink100047318

CALL THIS NUMBER TO ORDER IRS TAX TRANSCRIPTS >> 800-908-9946

PLEASE READ THE GUIDES -->> Link to Visa Journey Guides

MULTI ENTRY SPOUSE VISA TO VN -->>Link to Visa Exemption for Vietnamese Residents Overseas & Their Spouses

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