I30-K3 Question

[ChrisJen 0]

Hi Everyone,

I'm new to the forums, but have been doing a lot of research on immigrating to the US on my own, but have a few questions.

I am a canadian citizen, married my wife In Canada, who is an American citizen, just over 3 years ago.

We have been living/working in canada for the past 3 years, however due to an illness in her family, she has moved to the US, and I am currently visiting her in the US (for about 1 month now).

Because of the nature of the illness she wishes to wishes to stay down in the US, and sponsor me for residency.

I guess my questions are;

1 - can she sponsor me while we remain in the US? Is the proper form the I-310 in our scenario?

2 -if/when the sponsorship is approved, and I apply for residency, can I do that within the United states, as long as I don't

stay longer then the 6 months allowed, at any one time?

3 -is there an easy way to extend the stay, beyond 6 months, while the processing of my residency is underway?

Thank you for any advice you can give,

I look forward to chatting with you all =]

[canuckbos 10]

Hi Everyone,

I'm new to the forums, but have been doing a lot of research on immigrating to the US on my own, but have a few questions.

I am a canadian citizen, married my wife In Canada, who is an American citizen, just over 3 years ago.

We have been living/working in canada for the past 3 years, however due to an illness in her family, she has moved to the US, and I am currently visiting her in the US (for about 1 month now).

Because of the nature of the illness she wishes to wishes to stay down in the US, and sponsor me for residency.

I guess my questions are;

1 - can she sponsor me while we remain in the US? Is the proper form the I-310 in our scenario?

2 -if/when the sponsorship is approved, and I apply for residency, can I do that within the United states, as long as I don't

stay longer then the 6 months allowed, at any one time?

3 -is there an easy way to extend the stay, beyond 6 months, while the processing of my residency is underway?

Thank you for any advice you can give,

I look forward to chatting with you all =]

You can file from within the USA, it's quicker but you don't get a green card right away to work. You can stay in the US while they are processing you but it's not certain you can go back and forth to Canada while they are processing you. You may want to know this before you file.

But you definitely can file from within, but start tright away so they don't suspect you are doing anything but the right thing.

There's a ton of information her and also on the Immigration site. Read it all until you know for sure what's the best secario for you to follow. Information equals power.

Good luck!!

[ChrisJen 0]

You say I can stay in the US, beyond the 6 months? Even though they stamped my passport upon entry..

As well, the I-130, do you send that by itself? Or do you need to send it along with the I-864 or any other documents?

[canadian_wife 1,822]

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

Here is the guide with for the Cr-1 visa. You'll need to leave when your allotted time is finished. You also may not be able to turn right around and enter the US again as the CBP generally like to see you NOT living in the US illegally. Plus, time longer than 180 out of the country disqualifies you for provincial health care so you couldn't use it if you wanted to in case of an emergency. Plus, longer than 6 months in the US - you may be required to pay taxes...which stinks!

What did they stamp your passport with?

Good luck

[ChrisJen 0]

Hi There Canadian-wife,

Thank you for your response.

For a CR-1 Visa, why would I choose to do that, over a K-3 Visa?

As well, both of these Visa's are conditional on my wife being approved to sponsor me first right? The I-130?

To answer your question, the stamped my passport with my date of entry. That was after about an hour of back and forth at the border.

[canadian_wife 1,822]

Cr-1 is the superior visa, less expensive and NVC closes the I129F for the K visa when received at the same time as the I130

Good luck

[Darnell 8,478]

K-3 administratively closed - http://www.visajourney.com/news/2010/02/07/department-of-state-to-close-k-3-visas-if-i-129f-and-i-130-petitions-approved-and-received-together/

[ChrisJen 0]

I guess im looking at options that would allow me to stay in the country, while the sponsorship, and visa are being processed...

if any

[canadian_wife 1,822]

You cannot stay in the US longer than you have been authorized to say, you must leave and return to Canada, especially for the medical and interview

You are permitted to visit, for Canadians it can be up to 180 days

Good luck

[ChrisJen 0]

is it 180 days during a certain period of time? like 1 year?

So, potentially i could stay for 4-5 months, while we file, fly home for the interview and med. and come back a week later?

[Darnell 8,478]

if filing for a VISA, that makes sense.

if filing for an Adjustment of Status - it doesn't make sense - as WHEN YOU LEAVE THE USA, without any greencard in hand, you'll be pegged as 'abandoning the AOS case'.

[Harpa Timsah 13,258]

I would file for Adjustment of Status in country. Here is the guide.

http://www.visajourney.com/content/i130guide2

You had a change of plans after your entry - a major change in circumstance - your wife's family's illness caused her to want to live here. It sounds like you did not have intent to immigrate when you came.

[ChrisJen 0]

No, initially the outcome on the illness was very grim. so we both quit our jobs (unfortunately) and came down as her father was going through an intense treatment. it now looks as though he may recover, however its unclear on how long this might prolong his life. =[ its sad, and she wants to remain down here with her family.

[pushbrk 12,898]

I would file for Adjustment of Status in country. Here is the guide.

http://www.visajourn...tent/i130guide2

You had a change of plans after your entry - a major change in circumstance - your wife's family's illness caused her to want to live here. It sounds like you did not have intent to immigrate when you came.

Based on the circumstances described, I too would suggest adjusting status. However, to do so means the foreign spouse MUST remain in the USA until they receive at least Advance Parole. I recommend staying until the green card is in hand and even with Advance Parole, only leaving in case of an emergency.

If staying isn't practical, that's another matter.