K1 Visa (Fiance Visa) or K3 - CR1 (Spousal Visa)

[Texas22 50]

Hi,

I am from Ontario Canada, and my fiance is a US Citizen living in Texas. We have met in person several times and got engaged in summer 2011. We are trying to determine the best route to take for me and my two children (11 and 9 yrs) to move to the USA with him.

I would like to be able to move in the summer of 2012, so that the kids can start school there at the beginning of the school year. From what I have read, it sounds like the K1 Visa is the route to go for our timeline, then we can plan our wedding out properly instead of having to rush it( I know it's 90 days from the time we arrive, but that is do-able).. However, it does sound like the costs are a lot higher to go the K1 route vs. the CR1 route.

Also, if we go the K1 route, will I have my visa interview in Canada? Or in Texas? There is so much information, it is kind of overwhelming. We even went to a consulation with an immigration lawyer yesterday... and his fees are ridiculous... so we are hoping to do this ourselves. But it seemed he was leaning toward the K1 route also.

If we decide to get married first and then apply for a CR1... I won't be able to visit him until it is approved? And the wait time for that.. 9 months? Sounds like a long time. We have been visiting back and forth about every 2 to 3 months for the last year.

I would appreciate any helpful tips from people that have gone through this in the past... I am sure I will have more questions as I go along.

Thanks a bunch

Texas bound!

[Ryan H 3,812]

I would like to be able to move in the summer of 2012, so that the kids can start school there at the beginning of the school year. From what I have read, it sounds like the K1 Visa is the route to go for our timeline, then we can plan our wedding out properly instead of having to rush it( I know it's 90 days from the time we arrive, but that is do-able).. However, it does sound like the costs are a lot higher to go the K1 route vs. the CR1 route.

K1 probably fits your timeline better as that can be filed for by your USC fiance right now. CR-1 cannot be filed for until after you are married. You are correct on higher costs for the K1 route, I estimate K1 route costs(petition filing fee, visa fee, and the fee for adjustment of status) total $2K. Whereas an estimate of total costs for a CR-1 are $1K.

Also, if we go the K1 route, will I have my visa interview in Canada? Or in Texas? There is so much information, it is kind of overwhelming. We even went to a consulation with an immigration lawyer yesterday... and his fees are ridiculous... so we are hoping to do this ourselves. But it seemed he was leaning toward the K1 route also.

Since you are from Ontario, your interview will be at the Consulate in Montreal. I understand your feelings at how overwhelming this seems when you first start out. Look through the guides here on VJ and carefully read all the instructions on the government forms. The VJ community will be ready, willing, and able to answer any questions you have.

If we decide to get married first and then apply for a CR1... I won't be able to visit him until it is approved? And the wait time for that.. 9 months? Sounds like a long time. We have been visiting back and forth about every 2 to 3 months for the last year.

You would be allowed to visit while a spousal visa petition is pending, however, you would need to show significant ties to Canada at to CBP should they be asked for. With that being said, there is no guarantee CBP will allow you entry.

Regardless of the path you choose, the posted time by USCIS from the time a petition is filed to the time an adjudication decision is made is 5 months. If you go the K1 route, after USCIS approves the petition, they will send it to the NVC. The NVC will assign a case number to the file and then send it off to the Consulate in Montreal (the NVC only acts as a mail-stop for K visa files). If you go the CR-1 route, USCIS will send the approved petition to the NVC and the NVC will assign a case number, then additional documentation will need to be submitted the NVC before the file is sent to Consulate in Montreal. Also, if you go the CR-1 route, electronic processing is available for submitting documents to the NVC.

Regardless of the route you choose, I have heard that it can take some time before an interview will be scheduled at the Consulate in Montreal, I'm sure Canadian VJ members will tell you how long you can expect to wait for an interview to be scheduled.

Edited December 1, 2011 by Ryan H

[hikergirl 277]

Here is a link for the VJ comparison chart: http://www.visajourney.com/content/compare

If you look towards the very bottom of the forums, you will see the Canada Regional Forum.

There are many posts where you can see the frustration of the K-1 people trying to make appointments with Montreal, it is very hit or miss. The one good thing about CR-1 is that NVC makes the appointment for you.

[Texas22 50]

Thanks for the replies.. I thought there was a U.S Consulate in Toronto? How come Montreal? Just curious. I know this is going to be a lengthy process. Do my children also need to attend an interview for their K2 Visas?

[Ryan H 3,812]

Thanks for the replies.. I thought there was a U.S Consulate in Toronto? How come Montreal? Just curious. I know this is going to be a lengthy process. Do my children also need to attend an interview for their K2 Visas?

There is a Consulate in Toronto, but it does not have an immigrant visa unit. The only US diplomatic mission in Canada that has an immigrant visa unit is the Consulate in Montreal and K visa interviews can only be done at immigrant visa units.

Note for Canadian K visa beneficiaries who live in western provinces and are reading this thread, K visa interviews can be done at the Consulate in Vancouver.

[Julie B. 2]

Thanks for the replies.. I thought there was a U.S Consulate in Toronto? How come Montreal? Just curious. I know this is going to be a lengthy process. Do my children also need to attend an interview for their K2 Visas?

You sound like me 6 months ago. The information on which way to go is long and complicated. I signed on to this site every day and just read people's questions and learned a ton. Just click around and you will see what I mean. What my husband and I decided was to go the CR1 route. He will be moving here to Michigan as soon as he is approved. We decided to go this way because he needs to be able to travel back and forth during the process. He has a son and an elderly mom in Canada that he needs to be able to get to if need be. He lives and works in Windsor, but can still come and see me every weekend (we only live 60 miles apart). He just brings his rental agreement, pay stub, NOA 1 copy, cell bill with his address on it. He also has a Nexus pass and so far hasn't had any trouble crossing. Cr1 is less expensive and if we had gone k1 he wouldn't have been able to get a job right away once he moves here.

Lots to consider when making this decision. Good Luck to you.

[Texas22 50]

I have been doing some more reading and learned that my USC fiance can petition all my children as long as there are under the age of 21. My oldest daughter turns 21 in Feb 2012. If the petition is received before her birthday, but the K2 visa is not processed before that date, is she still eligible to get her visa? And does she have to move with me and her siblings right away? She is in her 3rd year university and has one more year to go to complete her BA.

She's not sure if she wants to move with us... but would like to keep her options open.

I sincerely appreciate all the help from you all on this forum..

Texas22

[JimVaPhuong 4,863]

I have been doing some more reading and learned that my USC fiance can petition all my children as long as there are under the age of 21. My oldest daughter turns 21 in Feb 2012. If the petition is received before her birthday, but the K2 visa is not processed before that date, is she still eligible to get her visa? And does she have to move with me and her siblings right away? She is in her 3rd year university and has one more year to go to complete her BA.

She's not sure if she wants to move with us... but would like to keep her options open.

I sincerely appreciate all the help from you all on this forum..

Texas22

No, she won't be eligible. It used to be that a K2 had to be under 21 when their adjustment of status was approved. A recent BIA decision has changed the policy. A K2 must now be under 21 at the time they enter the US with their K2 visa. She will undoubtedly be over 21 by the time of the visa interview, so they won't even issue her a visa.

What you can do is wait until you come to the US with your K1 visa, get married, adjust status, and get a green card. Once you become an immigrant then you can file an I-130 petition for your daughter. Adult children of permanent residents are in family preference visa category F2B, which is has annual numerical limits. This means she'll be waiting in line with potential immigrants from every other country until a visa number is available for her. At this point in time, the wait is about 8 years. The petition will be canceled if she gets married in the meantime - there is no visa category for married sons or daughters of permanent residents. If you become a US citizen while she's waiting for a visa number then you can upgrade the petition to F1, which would knock about a year off the waiting time.

Unfortunately, your new husband won't be eligible to file any sort of petition for her because you'll be getting married after she's 18.

EDIT: By the way, your fiance technically can't petition for any of your children until after you're married. However, if they're under 21 then they can apply for derivative K2 visas based on the petition he files for YOU. No separate petition is required.

Edited December 5, 2011 by JimVaPhuong