New to forum-pls help with K3 and CR1 questions

[sunitam 0]

hi, im new to the forum and have a few questions- thanks in advance for your help!

My husband is a dual citizen and I am Canadian and we live in Canada. My husband has always lived in Canada and only got his US passport last year (his parents are American and had a "american born abroad" certificate for him). Because he has never worked or lived in the US, he technically has no domicile or US income so we would not be approved for the I-864 right now. Right now we have someone helping us submit his last 6 years of Canadian tax returns to the IRS which is needed for the I864 and I130. We are planning to apply for the I-130 in March 2012 by direct consulate filing at the US embassy here and then move to the US by the end of December 2012 so that my husband can get a job and rent us on apartment so that when we send in the I-864, we will be approved and be confident we will get an interview.

Questions:

-I want to apply for a K3 visa also because with the K3 you can interview in Vancouver which is where we are rather than having to fly to montreal for the I-130 interview. Yes it costs $1000 to adjust your status with the K3 visa, but flight and hotel costs from BC to montreal for the CR1 interview would be around this much anyways, so its the same spending for us. Also, with the K3, you are not required to submit a I-864 which is something we are not ready for. You can show financial evidence at the k3 interview but it is not mandatory or as strict as the I-864 it seems. You can show bank statements, property and assets to the officer so we hope to get a K3 instead and move to the US together. Does anyone know if the I-130 processing time is still the same or faster than the I-129? I understand that if your I-130 is processed first, the K3 application is closed

-I read on a different forum that if you apply for a K3, it can slow down your I-130 application. Is this true?

-If the K3 visa is closed, we will obviously pursue the I-130 and will need to show domicile and US income for my husband. So when my husband moves to the US next December, he is driving across the border. I want to go with him and Ive read on most sites that a Canadian can be in the US for 6 months in a calender year or consecutively but other sites say a maximum of 90 days. Which one is it?? and if I stayed there for 6 months while i wait for my interview, is there any risk of getting in trouble? will I have problems with the customs officer when we cross the border?

-Can someone confirm to me that after the I-130 is approved, it is valid for 1 year but if you need longer, you just need to contact the NVC?

Thanks so, any help or advice is appreciated so much!

[Darnell 8,478]

chances of getting a K-3 are slim to none

and

is no concept of DCF to get a K-3.