My Wife (Canadian Citizen)'s Situation Help & Advice Please!

[Flames9_RN 358]

Thats what we did back in 2004--filed both

[Marilyn. 340]

well you have to file the I-130 regardless and once you receive the NOA1 for the I-130 you can file for the K3

[Canadiandggal 49]

I would just suggust going the cr-1 route. Just my opinion

[s4837 0]

On a really not-very-useful note, I really, really miss her...

[FireKari 4]

Honestly, if this was my situation I would not attempt for her to enter the US again until you get the CR1 in hand.

I would complete the waiver anyways, regardless of the visa, just to make sure that is sorted out.

You honestly don't want to mess things up more then they already are.

You can always go to her.

We have all felt the sting of the wait times, some of us were "lucky" and got finished in 7 months.

Be sure to read all of the wiki's on this site regarding the processing and stick to them.

They really helped us complete our case as fast as we could and without a lawyer.

They have good advice, some tips and tricks, and even examples on filling out the forms.

If you have questions don't be afraid to post them! =)

Good luck, and I really hope it works out for you both.

Just keep thinking, "it's all worth it in the end"

well you have to file the I-130 regardless and once you receive the NOA1 for the I-130 you can file for the K3

Thought K3 didn't exist anymore? That's what we were told when we filed in Jan.

[Marilyn. 340]

Thought K3 didn't exist anymore? That's what we were told when we filed in Jan.

someone posted this link earlier...

Important Notice: Effective February 1st, 2010, when both petitions have been approved by USCIS and sent to the NVC or when USCIS approves the I-130 before the I-129F, the availability of, as well as the need for, a nonimmigrant K-3 visa ends. If the NVC receives both an approved I-130 petition and an approved I-129F petition:

* The nonimmigrant K-3 visa case will be administratively closed.

* The application process explained below will not be available to the foreign-citizen spouse and cannot be used.

If the NVC receives the approved I-129F petition before it receives the I-130 petition, the NVC will process the I-129F petition. NVC will then send the I-129F petition to the U.S. Embassy or Consulate in the country where the marriage took place.

http://travel.state.gov/visa/immigrants/types/types_2993.html

[s4837 0]

We have been engaged for a very long time before getting married - many years long. When she traveled in-and-out in the past, we were always very honest and said that she was my fiancée. They never said anything about needing a visa (K1, as I learned now), which come to think of it, was odd, and we would have done things differently, if they had said anything. This was through multiple trips.

She also found that the reason she was able to do so for multiple times was because the custom officials just gave her transit visa every time, even though she was very clear on stating that she was going to see me (her future U.S. husband) or traveling with me when we were entering together.

I just called a major port of entry where you can file for a waiver. They actually said to me, "Uh, you clearly know more than we do. I would think it should be easier and faster for you since you don't have a criminal record, but I can't really say anything because I don't really know." That is after talking to a couple of custom agents there - they were trying to be helpful but that didn't quit work out in terms of info gathering.

Edited October 25, 2010 by s4837

[Flames9_RN 358]

Yep, you have found another very frustrating part of the process---POE officers!!! Some have no clue on the process, yet they hold soo much power!!

[JoannaV 174]

It sounds like you had the misfortune to be extremely lucky. Most people would love to have such accepting border agents, who don't inquire into ones private lives and ask all kinds of questions. Unfortunately this meant that your wife never found out that the agents were assuming she just lived in Canada and was visiting her fiance. If they had interrogated her about her plans for the future then maybe you guys would have found out about the immigration laws. So I guess this shows us that inquisitive agents do have a purpose!

[warlord 73]

If you had gotten married after the TN Status expired, then I'm curious why you didn't file for AOS. If you did you would have probably gotten the AP so your wife could have left the country and come back in. This usually doesn't take long and you surely most likely would have had it by Oct if you had filed in Aug.

Also another thing with the TN status I saw, you said she quit her job and moved to Oregon and then let the TN status expire? In truth the TN status expires the day she no longer works with that company that sponsored the TN. TN is not like visas where they have a specific legal end time. The Status only is valid on terms of the condition of the type of status, in this case a TN. So those extra months or whatever will also have counted against her while she was here any day longer then the date she terminated employment.

Unfortunatley, there are many mistakes to learn from this experience and hopefully others will be able to see this and realize there are specifi processes one must go through in order to legally marry in the US while on a staus or visa. This though ended up in the least desirable way and now things will be much more complex down the road because of that...

[s4837 0]

We are now working on actionable items after lots of reading up and studying.

I have a couple of questions as we work on the paperwork. There is no question that CR1 is better, and K3 might or might not be faster(?).

Here are questions I am having trouble finding answers:

- Can it hurt to file for both? It seems based on canadian_wife's post here, filing I-129F will cause the I-130 to go back to the line, and causes a delay for the CR-1. Is there any official information on that?

- The only difference between CR1 and K3 when it comes to filing appears to be I-129F, is that correct?

- If the answer to the above question is yes, do I submit TWO I-130, one for direct CR-1 and one for K3? Or, do I submit just ONE I-130 for both?

Edited October 26, 2010 by s4837

[s4837 0]

Still need help with the above questions...

Going through the I-130 form, there is a question that "has your relative ever been under immigration proceedings?"

Just FYI for those following the topic, that's one of the things the officers at the airport specifically mentioned to her.

They told her to be sure to write down "No" to everything when we file I-130 (removal, exclusion/deportation, rescission, judicial proceedings" because they gave her the opportunity to withdraw her entry app.

Edited October 26, 2010 by s4837

[birdnerd 5]

We are now working on actionable items after lots of reading up and studying.

I have a couple of questions as we work on the paperwork. There is no question that CR1 is better, and K3 might or might not be faster(?).

Here are questions I am having trouble finding answers:

- Can it hurt to file for both? It seems based on canadian_wife's post here, filing I-129F will cause the I-130 to go back to the line, and causes a delay for the CR-1. Is there any official information on that?

- The only difference between CR1 and K3 when it comes to filing appears to be I-129F, is that correct?

- If the answer to the above question is yes, do I submit TWO I-130, one for direct CR-1 and one for K3? Or, do I submit just ONE I-130 for both?

You submit one I-130 for the petition for alien relative (for the CR-1), then when you get your receipt number (NOA 1), then you use that to submit the I-129 for the K-3. So, the processes are kind of vaguely consecutive, but also kind of concurrent. We don't know much about the procedure, but it seems that your I-130 starts processing, then when they receive the I-129 they put the two of them together at the back of the line. If that happens and they get to the processing stage at the same time, then USCIS will close the K-3 and proceed with the CR-1.

[s4837 0]

You submit one I-130 for the petition for alien relative (for the CR-1), then when you get your receipt number (NOA 1), then you use that to submit the I-129 for the K-3. So, the processes are kind of vaguely consecutive, but also kind of concurrent. We don't know much about the procedure, but it seems that your I-130 starts processing, then when they receive the I-129 they put the two of them together at the back of the line. If that happens and they get to the processing stage at the same time, then USCIS will close the K-3 and proceed with the CR-1.

Thank you, and that would be the confusing part to me. Wouldn't that mean the wait time for CR-1 would increase as a result of filing for K3/I-129 after NOA 1 for I-130?

[Canadiandggal 49]

Thank you, and that would be the confusing part to me. Wouldn't that mean the wait time for CR-1 would increase as a result of filing for K3/I-129 after NOA 1 for I-130?

Sounds mighty confusing to me as well