Back to do a K3 this time

[CristyH 0]

My American husband and I (Canadian) did a K1 with me in Canada, Visajourney helped so much!! It has been about 6 yrs and much has changed. We did move to the US but before we were to apply for the 10 yr green card we came back to Canada. Trying to have him immigrate to Canada has been a nightmare! We have been here for 3 yrs and are ready to go back. So we are just trying to figure out the proper plan of action. Have him go ahead of us and apply from there or for us all the go over and do it there (not sure yet if that is legal or possible). We will be returning to Arizona....I have to look around for timelines but if anyone knows off hand what kind of time frame we would be looking at let me know! I had 3 kids who came with me to AZ and we had another while living in AZ so she is dual which helps alot! Anyway, lots to read about doing it this way, looking forward to gaining and sharing knowledge along the way!

Cristy

[himher 634]

We did the same thing you did and filed DCF to go back so we could stay together the entire time. My wife was issued an IR1.

We were happy with that because basically we had the processing time + 6 months after the visa is issued to make arrangements to physically move. We filed in April, visa issued Oct (see timeline for specifics), and we will be entering the US end of Feb/early Mar

We also have a dual..

We weren't in a hurry. We just wanted a visa by the end of 2011. Moving together with intention to adjust status is technically illegal leaving you with the option of waiting apart while an IR1 is processed. Chances of getting a K3 are low because the I130 and I129F's are getting approved at the same time and it appears that when that happens the journey defaults to the IR1.

Best of luck!

My American husband and I (Canadian) did a K1 with me in Canada, Visajourney helped so much!! It has been about 6 yrs and much has changed. We did move to the US but before we were to apply for the 10 yr green card we came back to Canada. Trying to have him immigrate to Canada has been a nightmare! We have been here for 3 yrs and are ready to go back. So we are just trying to figure out the proper plan of action. Have him go ahead of us and apply from there or for us all the go over and do it there (not sure yet if that is legal or possible). We will be returning to Arizona....I have to look around for timelines but if anyone knows off hand what kind of time frame we would be looking at let me know! I had 3 kids who came with me to AZ and we had another while living in AZ so she is dual which helps alot! Anyway, lots to read about doing it this way, looking forward to gaining and sharing knowledge along the way!

Cristy

Edited January 2, 2012 by himher

[Penguin_ie 5,993]

Unfortunately, DCF is no longer an option for you as Canada has no USCIS office. Forget the K3, it is obsolete and usually gets closed at NVC stage anyway. Go for an IR-1, which leads to immediate 10 year greencard upon entry.

[CristyH 0]

Ok IR1....I will search that. So I was looking at DCF and there is a consulate about 5 hours from here but you are saying that won't work for Canada?

Cristy

[Penguin_ie 5,993]

Unfortunately, not anymore. Since August 2011, DCF is only available in countries with USCIS offices, and Canada isn't one of them: http://www.uscis.gov/portal/site/uscis/menuitem.eb1d4c2a3e5b9ac89243c6a7543f6d1a/?vgnextoid=1ac900c262197210VgnVCM100000082ca60aRCRD&vgnextchannel=1ac900c262197210VgnVCM100000082ca60aRCRD

[himher 634]

Whatever version of todays rules aka file the I130 to the lockbox instead of the consulate from countries that have no USCIS office then have the visa processing done at the consulate/embassy instead of at the NVC would be what I am referring to.

Thanks for not assuming that the rest of us are stupid.

The point was: It is not necessary for a family living overseas together to split apart to file for immigration benefits as long as there is no rush (6-8 months) to return.

We had the same choice - either I would return early and file or we stay together, file, and wait until everything was done which is what we selected to do.

Unfortunately, not anymore. Since August 2011, DCF is only available in countries with USCIS offices, and Canada isn't one of them: http://www.uscis.gov/portal/site/uscis/menuitem.eb1d4c2a3e5b9ac89243c6a7543f6d1a/?vgnextoid=1ac900c262197210VgnVCM100000082ca60aRCRD&vgnextchannel=1ac900c262197210VgnVCM100000082ca60aRCRD

[pushbrk 12,898]

Whatever version of todays rules aka file the I130 to the lockbox instead of the consulate from countries that have no USCIS office then have the visa processing done at the consulate/embassy instead of at the NVC would be what I am referring to.

Thanks for not assuming that the rest of us are stupid.

The point was: It is not necessary for a family living overseas together to split apart to file for immigration benefits as long as there is no rush (6-8 months) to return.

We had the same choice - either I would return early and file or we stay together, file, and wait until everything was done which is what we selected to do.

When you file with the lock box, you do not skip NVC. Fortunately, you can speed things up a bit with electronic processing but you still face most of the backlog in Montreal.