Visiting the US after filing I-130? And other assorted questions...

[kfinch 0]

Hi everyone

I'm new here, so forgive me if this information can be found elsewhere on the site. It's all a bit much to take in!

I'm Canadian, and in September I married my wonderful husband, an American citizen. We recently filed our I-130, and got NOA1 dated Oct 24. The thing is, I'm still very confused about the whole process. From what I understand, filing the I-130 is an application for an IR1/CR1? Which, when approved, grants legal resident status? Also, we are trying to decide whether to file the I-129F for the K3 visa... is this really any faster?

My main concern right now is when I can enter the US. I actually have a job offer that is supposed to start this winter, and I'll be pretty bummed if I have to miss out on that. But more importantly, I really want to be with my husband again. At what point can I enter the US to live, as long as I'm not working? Also, is it possible for me to go for a visit, like for Christmas? I don't want to make a mistake and get in trouble at the border, or mess up future immigration processes. Its confusing, because being Canadian, I am otherwise allowed to enter the US for travel or pleasure.

Thanks so much for any info you can share =)

[canadian_wife 1,829]

K-3 is a dead visa, don't even both yourself with it. Not only will it not speed up the process, the visa was administratively closed in February of this year

You cannot work without authorization. If you do not have your green card or a work permit, you cannot work in the US. Canadians may visit for up to 180 days without a visa. However, admittance and duration of stay is up to the CBP at each crossing

Good luck

Edited November 3, 2010 by canadian_wife

[OBX 51]

K-3 is a dead visa, don't even both yourself with it. Not only will it not speed up the process, the visa was administratively closed in February of this year

You cannot work without authorization. If you do not have your green card or a work permit, you cannot work in the US. Canadians may visit for up to 180 days without a visa. However, admittance and duration of stay is up to the CBP at each crossing

Good lukc

^^ Agree.

If you are hoping to have your visa and be able to enter the US to work this winter I'm afraid you may be too optimistic. The entire process from NOA1 to interview is taking anywhere from 9 -12 months. All spousal visa interviews are done in Montreal and they have been seriously backlogged for some time now. Good luck!

[CanadianRedneck 8]

Get in the back of the bus..July 19th here...still waiting, lol. You're probably realistically looking at 10 months total..so probably around Labour Day next year?

[CanuckChick 7]

Congratulations on your marriage! It's true that the process is taking almost a year right now (5 months at CSC, much less at VSC + 1 month at NVC + 5 months at Montreal consulate) and it's very hard to be patient for so long but you're not alone and I hope you find lots of encouragement and expertise from folks here at VJ. I have crossed the border twice to visit my husband and strongly encourage you to read the advice that's found elsewhere on the site so that you are prepared and have all the documentation you need (e.e., employment letter, lease, application documents, NOA1, etc.) when you speak to the border guards.

Good luck!

Hi everyone

I'm new here, so forgive me if this information can be found elsewhere on the site. It's all a bit much to take in!

I'm Canadian, and in September I married my wonderful husband, an American citizen. We recently filed our I-130, and got NOA1 dated Oct 24. The thing is, I'm still very confused about the whole process. From what I understand, filing the I-130 is an application for an IR1/CR1? Which, when approved, grants legal resident status? Also, we are trying to decide whether to file the I-129F for the K3 visa... is this really any faster?

My main concern right now is when I can enter the US. I actually have a job offer that is supposed to start this winter, and I'll be pretty bummed if I have to miss out on that. But more importantly, I really want to be with my husband again. At what point can I enter the US to live, as long as I'm not working? Also, is it possible for me to go for a visit, like for Christmas? I don't want to make a mistake and get in trouble at the border, or mess up future immigration processes. Its confusing, because being Canadian, I am otherwise allowed to enter the US for travel or pleasure.

Thanks so much for any info you can share =)

[CanadianRedneck 8]

Where do you intend to cross? I go across twice a month...stay for about a week each time...i space it out that i'm there for a week and a half...then I come back for 2.5...that way the majority of my time is in Canada. They can't say I'm trying to 'live' there.

Montreal Consulate is at 5 months now??????????

[Harley214 0]

K-3 is a dead visa, don't even both yourself with it. Not only will it not speed up the process, the visa was administratively closed in February of this year

You cannot work without authorization. If you do not have your green card or a work permit, you cannot work in the US. Canadians may visit for up to 180 days without a visa. However, admittance and duration of stay is up to the CBP at each crossing

Good luck

That is 180 days total within the 365 days. Is this correct. Seems to be some confusion. TIA.

[Harley214 0]

K-3 is a dead visa, don't even both yourself with it. Not only will it not speed up the process, the visa was administratively closed in February of this year

You cannot work without authorization. If you do not have your green card or a work permit, you cannot work in the US. Canadians may visit for up to 180 days without a visa. However, admittance and duration of stay is up to the CBP at each crossing

Good luck

Edited November 3, 2010 by Harley214

[kfinch 0]

Where do you intend to cross? I go across twice a month...stay for about a week each time...i space it out that i'm there for a week and a half...then I come back for 2.5...that way the majority of my time is in Canada. They can't say I'm trying to 'live' there.

Montreal Consulate is at 5 months now??????????

I actually live in Montreal, so when I take the train to the US I cross at Rouse's Point, New York. If I really have to go another year before I can live in the US, I really would like to be able to trade visits with my husband... what do you do/say at the border so that they know you're just visiting? Do you bring documentation like someone else mentioned?

[canadian_wife 1,829]

You bring ties to Canada to show the CBP that you must return to Canada. Things like a lease/mortgage, enrollment in school, bank statements, anything that proves that you have to return to Canada. This will increase your chances of a successful entry

Good luck

[kfinch 0]

You bring ties to Canada to show the CBP that you must return to Canada. Things like a lease/mortgage, enrollment in school, bank statements, anything that proves that you have to return to Canada. This will increase your chances of a successful entry

Good luck

Thank you! That's helpful.

Also, I was just curious for everyone doing this process: did you get an immigration lawyer? I've heard some people say the process is pretty much impossible without one, but we certainly can't afford that. How about you guys?

[Luni 3]

Thank you! That's helpful.

Also, I was just curious for everyone doing this process: did you get an immigration lawyer? I've heard some people say the process is pretty much impossible without one, but we certainly can't afford that. How about you guys?

Good morning

I did not use a lawyer. I found it a waste of time cause I don't believe my case is THAT complicated and I would rather trust myself then put something that means so much to me in someone else's hand. It was easy after finding instructions on how to do EVERYTHING and using this site for questions I may need. Unless you have like... terrible background, I don't see a need for a lawyer unless you have the $ to blow.

You can visit your husband for Christmas, etc. You can NOT work in the states (unless you want to do it illegally under the table) if you have no visa to work here. If you are going through the immigration process, I suggest stepping lightly. Have the required paperwork for "ties" to Canada. That's what I am doing for my husband. Making sure he has bank statements (like it was mentioned to both you and I) and a letter from his employer on when he is returning to work so customs will let him through and we can spend Christmas together for 2 weeks. I'm also giving him a copy of our marriage certificate and a copy of our NOA1.

Though... I'm not quite sure what the letter from his boss should say fully.

Edited November 4, 2010 by Luni

[Brandi n Michael 8]

I didn't know the K3 visa was out? I got mine last year because I wanted to get down here faster than I-130 could get me here. I traveled back and forth without hassle. I found that the only thing they ever asked me was when I was returning and did I have the ticket already. Yes K3 is more expensive in the long run but it did get me here faster and if I wanted to I could have been able to apply for employment prior to Adjusting status. As I did but much later on

We did K3 because we wanted to be together faster but yes it is more expensive.

Brandi (see timeline for info)

K3 visa 6mon EAD 3mon total 9month process

CR1 depends really could be 5-10months? Just to live together? You're choice unless the K3 doesn't exist anymore?