I-R-1/CR-1 Or K3??

[bujee 0]

Hi,

I am Canadian citizen by birth and my fiance is American citizen by birth. We are trying to decide which visa is the best to apply for, the K3 or I-R-1/CR-1 Visa based on our situation:

I live in a border city so my fiance and i don't have any problems visiting back and forth across the border so distance is not an issue for us. I want to continue working my current job in ontario while waiting for the visa rather than going over on a fiance k1 visa, get married and having to apply for an adjustment of status, SSN, and work visa and waiting months before i can work. I understand the difference bwtn the I-R-1/CR-1 and K3 but we are stuck as to which one is best one to apply to? we have been together for 1 yr and would like to get married in about 4 months after figuring out which visa we should apply for first. Would you suggest that the IR-1/CR-1 would prob be better for our situation even though it takes slightly longer than the K3 because once you get this visa you are a permanent resident and have you green card when you enter the USA rather than being on a K3 and waiting for the I-130 process to go through(up to a year to get the interview, correct?), at the same time as the I-130, applying for the SSN, and the visa to be allowed to work, etc. After attending the interview, if it's approved do you still have to wait to get a green card?

I know with the IR-1/CR-1, I won't be able to cross over to the USA anymore to visit him but that is fine because he can just come to visit me. i just want to continue my employment for as long as i can without having to be unemployed and just sitting @ home all day. If i can still continue to work on this side of the border while going through the visa process rather than having to quit move right across the border and than wait for who knows how long. Any advice would be appreciated. btw, we have been together for a year so if we go the I-R-1/CR-1 way, which one would it be, I-R-1 OR CR-1? thank you

[canadian_wife 1,822]

K-3 is a dead visa. Your visa for a spouse will be a Cr-1 because you will have been married less than 2 years when the visa is issued (hopefully - although Montreal is backed up for interviews)

K-3 was administratively closed in February of this year.

Cr-1 is your visa

As long as you bring ties to Canada, you can visit

Good luck

[bujee 0]

thanks for the quick response but on the "visa guide" on this website it states that you are not able to visit the USA on CR-1, is this incorrect? thx

[Ryan H 3,812]

K3 is still on the books, but in practice, it is nonexsistent. If you were to apply for a K3, the USCIS would tie the two pettions (I-130 and I-129F) together and send them to the NVC at the same time. The NVC would then administratively close the I-129F. When the time comes to file, just file the I-130 for a CR-1.

As long as you bring ties to Canada, you can visit

Copied for emphasis.

Good luck!

[Ryan H 3,812]

thanks for the quick response but on the "visa guide" on this website it states that you are not able to visit the USA on CR-1, is this incorrect? thx

When you are applying for a CR-1, you are allowed to come, however, there is no guarantee of admission by the CBP. You must assume they will have information that shows an immigration benefit has been filed on your behalf. That why canadian_wife said to bring ties to Canada, to prove that you will go back. One of the things you can include in your ties is a copy of the NOA1 your spouse would receive from the USCIS. This would show a CBP officer that you want to go through the immigration process the right way.

[bujee 0]

Which USCIS location would you recommend to apply to or does it not matter? my fiance is from Michigan if that makes a difference. thanks for your response

When you are applying for a CR-1, you are allowed to come, however, there is no guarantee of admission by the CBP. You must assume they will have information that shows an immigration benefit has been filed on your behalf. That why canadian_wife said to bring ties to Canada, to prove that you will go back. One of the things you can include in your ties is a copy of the NOA1 your spouse would receive from the USCIS. This would show a CBP officer that you want to go through the immigration process the right way.

[canadian_wife 1,822]

http://www.uscis.gov/files/form/i-130instr.pdf

See Page 4 where it says 'where to file'

You only send the petition to one spot

Good luck