Needing advice

[ccrs7472 0]

I plan on Marrying my soul mate who is American. We both currently work fo the same company. We were planning on getting married and filing the proper vias but now there has been a changed in my employment status here in canada. I work for an american company that has decided to close our site here and now looking at a really large severance package. I will be employed for 2 more months and dont have a lot of time to decide what to do.

I want be be able to go and stay with him for a month or 2 and then we can decide when we are going to get married. If I was there staying with him and we got married. Will I have to return to canada to file the visa, or can I stay there with him?

[YuAndDan 153]

Yes, it all boils down to INTENT upon entry to the USA, if you intend on staying upon entry, then a proper visa is required.

Compare visa options.

http://www.visajourn...content/compare

Fiancee K-1 would be the quickest route, however the most expensive and has the drawback of not being work authorized for 4-6 months or longer after arriving in the USA, as well as being land-locked cannot travel outside the USA until getting AP or green-card.

CR-1 is another option it allows work, and is the least expensive for costs, it requires marriage first, and takes somewhat longer due to the Consulate in Montreal processing them slower than K-1.

K-3 is not a viable option anymore, NVC kills the K-3 in favor of the CR-1 when they receive the petitions from USCIS together.

Forget the K-3, improved processing at USCIS and NVC have eliminated it.

USCIS WILL pull the I-130 from the queue and then tie the I-130 and I-129F together and approve on same date, then NVC WILL close the I-129F and proceed on with the CR-1.

Filing an I-129F will only slow the process down when they pull the I-130 out of the queue to combine the two petitions.

K-3 served only one function, it was derived at a time when I-130 was taking years to get approved, however now since I-130 is approved at same time as I-129F the function of K-3 (Entry to USA and WAITING for I-130 approval) no longer exists, so NVC kills the K-3 in favor of the superior CR-1 or IR-1 visa.

NVC WILL CANCEL the K-3 if they receive the two petitions from USCIS together.

How will the Department of State process my K-3 visa petition?

Important Notice: Effective February 1st, 2010, when both the I-129F petition for a nonimmigrant K visa and the I-130 petition for an IR-1 (or CR-1) spouse of a U.S. citizen visa have been approved by USCIS and sent to the National Visa Center (NVC), the availability as well as the need for a nonimmigrant K-3 visa ends. If the NVC receives both petitions:

• The nonimmigrant K visa will be administratively closed.
• The application process explained below will not be applicable and cannot be used.
• The NVC will contact the petitioner and you with instructions for processing your IR-1 (or CR-1) immigrant visa. For more information on the immigrant visa process review the Immigrant Visa for a Spouse webpage.

If the NVC does not receive your I-130 petition and I-129F at the same time, the NVC will process your I-129F petition. Then NVC will send the petition to the embassy or consulate in the country where the marriage took place. If your marriage took place in the U.S., the NVC will send the petition to the embassy or consulate that issues visas in your country of nationality.

http://travel.state.gov/visa/immigrants/ty...pes_2993.html#4

Moving this to the general immigrations forum due to the general nature of this post.

Edited February 23, 2011 by YuAndDan

[ccrs7472 0]

So can the spousal visa be applied for if I am there in the US with him?

[Penguin_ie 5,993]

So can the spousal visa be applied for if I am there in the US with him?

You can be in the USA when you send in the papers, but you will need to leave when your time is up (usually, Canadians are given 6 months), and you will have to do your medical and interview in Canada.