Just starting Visa process

[lambtoast 0]

Hi there... I just married my husband, a US citizen, in December... we are now about to start the visa process.. and I am TOTALLY confused. I live in Canada - he lives in San Francisco. Am I filing an I-130 or a K3? or both??? I would so appreciate someone pointing us in the right direction. I feel more than a little overwhelmed.

thanks!

[NigeriaorBust 4,087]

K3's are killed 98% of the time so save a tree and skip the paperwork. There are guides at the tabs at the top of the page . Go there and find the guide for I 130. You will find a lot of people here to help you out.

[lambtoast 0]

Ok thank you - I 130 it is.... any idea what it costs beginning to end? I really appreciate all the help

[NigeriaorBust 4,087]

The begin here link on the guides pages breaks down the costs. I was a K1er and the fee changes still have my head spinning.

[lambtoast 0]

sorry what link?

[Tero 105]

First of all, you are not the one to file, it's your husband since he is the USC. here's the link for the guide

http://www.visajourney.com/content/i130guide1

Here is the link for the cost comparison http://www.visajourney.com/content/compare

Advise, do not waste your time with the K3.

[lambtoast 0]

Thank you

and to be clear - once I start the process I can't enter the US!!!??? god that's absolutely insanity

[NigeriaorBust 4,087]

Once the file is in the computer you will need to show strong ties to Canada or risk being turn back. Make sure to take proof of a job or schooling.

[pushbrk 12,898]

Thank you

and to be clear - once I start the process I can't enter the US!!!??? god that's absolutely insanity

Again and this is critical for you to understand, YOU don't start the process. The US Citizen does. Whether you can enter the USA during the process is a separate decision each time you present yourself at a port of entry. See the Canada regional forum for lots of discussion on this issue.

[lambtoast 0]

Yes thank you - I know my husband files... but I am doing all the research being a control freak

and I am CDN Border officer - so I have some insights - but it's a LOT different than what we do... A LOT...

[marriedtomrg 141]

Your choices used to be 2: K3 visa or CR1 visa.

A K3 visa is a temporary resident visa for spouses of US citizens. Once you arrive in the US, you have to file a separate application for adjustment of status, and only then will you receive a green card. This entails an additional cost of $1,070...and while adjustment of status is in play, you cannot work in the U.S. without authorization nor are you advised to travel outside the U.S. without an approved advance parole (the adjustment of status fee covers both these, but it's the wait that can drive you batty). And since you guys have been married for less than 2 years, you will receive a conditional green card; you will also need to apply for removal of conditions within 90 days before your card expires (another expense and wait).

If you file for CR1 visa, it is a permanent resident visa for spouses of US citizens. Once you arrive in the US, you will be eligible to receive your conditional green card a few weeks after arriving; you'd still need to apply for removal of conditions, but at least there is one major step (and expense) out of the way.

The K3 visa was introduced several years ago when the CR1 process was taking too long to complete. Now they have about the same processing time. Last February 1, 2010, they introduced new rules for K3...since you need an I-130 and and I-129F to apply for a K3 (for CR-1, you only need to file an I-130 to start the process) --- if USCIS approves them both at the same time, once your case is transferred to the National Visa Center, your I-129F will be administratively closed (so even if it was approved, NVC will close it and you both will have to undergo CR1 anyway).

As some of our veterans have suggested, forget about K3...just look at the CR1 process, especially if you would like to hit the ground running. While waiting, you may enter the U.S. to visit your spouse, provided you can establish strong ties to Canada.

The Visa Journey Guides, Wiki and Forums are an excellence source for you and your husband to do this process yourselves. I completely agree with you about the Canadian immigration process, I used to work for a Canadian immigration consultant in the Philippines.

Good luck on your journey!

Hi there... I just married my husband, a US citizen, in December... we are now about to start the visa process.. and I am TOTALLY confused. I live in Canada - he lives in San Francisco. Am I filing an I-130 or a K3? or both??? I would so appreciate someone pointing us in the right direction. I feel more than a little overwhelmed.

thanks!

Edited February 2, 2011 by marriedtomrg

[Mrs O. 29]

Thank you

and to be clear - once I start the process I can't enter the US!!!??? god that's absolutely insanity

Yes you can, just be prepared to show that you have strong ties to Canada and you'll be back to wait out your immigrant visa process.

[Tero 105]

Yes you can, just be prepared to show that you have strong ties to Canada and you'll be back to wait out your immigrant visa process.

This information is correct. You can show strong ties to your country by your employment, business you run, property ownership, and other responsibilities that would require your return to your home country as the case may apply.

[Darnell 8,478]

*** moving to IR-1/CR-1 forum ***

[Brad and Vika 129]

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