Difference in domicile requirement between K1 and IR-1 Process??

[aloren 0]

My fiancee and I are living in Canada, him as a Canadian citizen and me as a US citizen on a temporary work permit. I am trying to figure out whether we should file a K1 or do the IR-1 process with the K3 application. Is the waiting time to enter the US the same on the I-129 whether you are filling it out for K1 or for K3? I want to stay here in Canada while we are waiting for the I-129 to go though. I can prove US domicile with my bank accounts, tax record, bills, etc. Is it possible for me to stay here while we are waiting for the IR-1 to go through? I am trying to decide which process to begin in order to stay here in Canada with my fiance and be able to get into the US the soonest. It looks like the IR-1 allows you to enter the US in the same amount of time due to the addition of the K3, costs a lot less, and will allow my fiancee to work right away. However, I am getting the impression that the IR-1 would require me to be back down in the states. I truly appreciate any advice you can offer, as I have my forms ready and want to send them ASAP once I figure this out.

[aloren 0]

I am working in Canada so obviously have no US job or housing, and I making very little money with less than 5,000 in savings. I have several options for people who can fill out the financial responsibility forms for my fiancee. Is one process more strict with this than the other?

[Jason_Do 7]

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

[vett 6]

My fiancee and I are living in Canada, him as a Canadian citizen and me as a US citizen on a temporary work permit. I am trying to figure out whether we should file a K1 or do the IR-1 process with the K3 application. Is the waiting time to enter the US the same on the I-129 whether you are filling it out for K1 or for K3? I want to stay here in Canada while we are waiting for the I-129 to go though. I can prove US domicile with my bank accounts, tax record, bills, etc. Is it possible for me to stay here while we are waiting for the IR-1 to go through? I am trying to decide which process to begin in order to stay here in Canada with my fiance and be able to get into the US the soonest. It looks like the IR-1 allows you to enter the US in the same amount of time due to the addition of the K3, costs a lot less, and will allow my fiancee to work right away. However, I am getting the impression that the IR-1 would require me to be back down in the states. I truly appreciate any advice you can offer, as I have my forms ready and want to send them ASAP once I figure this out.

hello, you stated that he is your fiance, NOT husband so in that case you cannot file for IR1 visa you have to be married for 2 yrs or more to

be qualified for IR1 visas. i think what you would be able to file is the K1 fiance visa, or if you get married you may file for the CR1 visa.

[aloren 0]

Oh, I guess the CR-1 is what I meant. I need to change my question to say that I am comparing the K1 and the CR-1. Dammit, I am confused. Jason, I have looked at this comparison chart a million times and still do not understand. Anyone know more specific answers? I will be eternally grateful to you.

According to the comparison chart, the IR-1 process is the same as the CR-1.

[vett 6]

Oh, I guess the CR-1 is what I meant. I need to change my question to say that I am comparing the K1 and the CR-1. Dammit, I am confused. Jason, I have looked at this comparison chart a million times and still do not understand. Anyone know more specific answers? I will be eternally grateful to you.

According to the comparison chart, the IR-1 process is the same as the CR-1.

yes the IR1 AND CR1 is basically the same. the only difference is that like i said before you would have to be married for 2yrs or more to get IR1 and with the IR1 your spouse would get a 10yr green card. while with the CR1 the spouse would get a 2yr conditional green card, which you would both have to apply to remove condition from 3months prior to your 2yr wedding anniversary.if i were you i would just go ahead and get married and file for the CR1 it is cheaper. and i think the wait time is almost the same, with about a month or 2 more than the K1.

[canadian_wife 1,829]

I am working in Canada so obviously have no US job or housing, and I making very little money with less than 5,000 in savings. I have several options for people who can fill out the financial responsibility forms for my fiancee. Is one process more strict with this than the other?

Post this in the Canada forum, lots of people going through the domicile issue

Good luck

[aloren 0]

It seems like in theory the CR-1 with K3 option is cheaper, but if my fiancee ends up having to file for AOS because we are in the US and the CR-1 hasn't gone through yet, we can tack another thousand onto it, making the process more expensive and more complicated. Am I right?

[aloren 0]

Also, after much reading I have concluded that I can indeed stay in Canada and still prove my domicile in the US. So unless someone tells me why I can't (which I would greatly appreciate!) that is what my plan is. Thanks!

[canadian_wife 1,829]

It seems like in theory the CR-1 with K3 option is cheaper, but if my fiancee ends up having to file for AOS because we are in the US and the CR-1 hasn't gone through yet, we can tack another thousand onto it, making the process more expensive and more complicated. Am I right?

Cr-1 is the cheapest route, K-3 is not an option anymore. NO adjustment of status needed for a Cr-1 visa like with K-1 visas.

Please post your question on the Canada forum if you are looking for regional opinions. If you do a spousal visa you NEED domicile, I'm not sure about a K-1 so best to check to avoid months of unnecessary spearation

Good luck

[OBX 51]

As canadian_wife posted, check out the Canada forum. There is a pinned topic that discusses the domicile issue. Read through it carefully as Montreal is very particular about this issue. Proving Domicile

I believe domicile is required for both visas; here is another thread that discusses this issue. K-1 Domicile in Canada.

Good luck!

[Wayne and Claudia 40]

how long have you been living in Canada? If it's been 6 months or longer then you can file DCF which I have heard tend to be faster than the NVC route.

[Ryan H 3,834]

It seems like in theory the CR-1 with K3 option is cheaper, but if my fiancee ends up having to file for AOS because we are in the US and the CR-1 hasn't gone through yet, we can tack another thousand onto it, making the process more expensive and more complicated. Am I right?

K3 is nonexistent in practice, even though it is still officially on the books. The NVC will receive the I-130 and the I-129F at the same time and administratively close the I-129F leaving only the I-130 active.

Also, after much reading I have concluded that I can indeed stay in Canada and still prove my domicile in the US. So unless someone tells me why I can't (which I would greatly appreciate!) that is what my plan is. Thanks!

You posted how you address the domicile issue on your other thread. So given what you posted and what I have read, it appears that you will be able to remain in Canada during the process.

how long have you been living in Canada? If it's been 6 months or longer then you can file DCF which I have heard tend to be faster than the NVC route.

I took this off the Montreal Consulate's website, based on what it says, you have to reside in Canada for a year or more in order to DCF. People who have DCF'ed in Canada recently are better qualified to answer.

U.S. Citizens residing in Canada: Filing Petitions in Canada

U.S. citizens who are long-term (a year or more) legal residents of Canada may file a petition for the permanent immigration of a spouse, child, or parent of a U.S. citizen at the U.S. Embassy or any of the U.S. Consulates in Canada. To find the nearest consulate in your district and instructions on how to file, please see this link: http://www.consular.canada.usembassy.gov/usa_consulates_canada.asp

[aloren 0]

Everything I have read has told me that I can file K1 while in Canada if I can still prove US domicile..in the above link someone says that you can't file for K1 unless you are in the US. Is that true? If so, can I just have someone in the US mail it or go down there and mail it myself? Now I am confused again, the I-129 seems to allow me to file from Canada...

[aloren 0]

I am confused about how to go about proving domicile and the domicile thread seems to be dead...keeping my fingers crossed that someone here can help me. My address is still listed as my old address in the US and my roommate is collecting my mail there..I changed my address with the DMV and am about to renew my registration. Should I change my DMV address back to my US address even though I am not living there at the moment? I will use my license and registration as proof of US domicile..so if I have a Canadian address on it I am guessing that would hurt my case. I am not sure if this is even legal. I am also confused about what address to put on my I-129 form..should I write my US address since that is where I am receiving my mail (and where my roommate can collect the mail and send it to me here)? Or can I write my address in Canada and just say that I am here temporarily. Very confused and not wanting to screw us over... thanks for all your help, I would be even more lost without it!!Also still on pins and needles wondering if I can mail the I-129 out from Canada or not.