New to forum-pls help with CR1 and K3 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!

[Ryan H 3,812]

We are planning to apply for the I-130 in March 2012 by direct consulate filing at the US embassy here

Starting August 15th of this year, Embassies and Consulates will not accept I-130's (USCIS Public Announcement). Any I-130 filed overseas would have to be done at a USCIS field office in the country. Canada does not have a USCIS field office: list of international USCIS field offices

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.

The Consulate still would have to determine that you are unlikely to become a public charge, regardless of whether you submit the I-134 or I-864. I'm not certain, but I believe poverty guidelines the taken from the I-864P are used.

Right now, I see your biggest hurdle is this, the USC petitioner must be domiciled in the US. From what you have posted, I don't see that your husband has a US domicile.

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?

It works something like this; the I-130 is filed at the lockbox in Chicago and then sent to a service center (CA or VT). After the NOA1 is received, the I-129F would subsequently be filed. USCIS will tie the two petitions together by pulling the I-130 from its place in the queue and placing it with the I-129F that was just filed. USCIS typically approves both petitions and sends them to the NVC. If the NVC receives the I-129F at the same time or after they receive the I-130, they will administratively close the I-129F. If the I-129F arrives at the NVC first, the K3 goes forward.

-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?

Approved I-130 petitions never expire. However, if NVC action is not responded to within a year, they can send it back to USCIS with a recommendation to withdraw approval because they will consider the petition abandoned.

[sunitam 0]

thanks for the response. Sure not sure if you can get a K3 visa currently or if CR1 is the way to go