Need a little help starting

[KnowledgeIsPower 2]

So I did my homework, and decided to file by myself and not pay $1000+ for a lawyer, but I need some help.

This website has been really helpful, but I wanted to know what situation is best for me. I am a US Citizen and my spouse is Canadian, and we got married legally in Canada last week. I am now back in the US and want to begin filing her immigration papers. We are planning on having the wedding in June here in the US, and I hope to have her living with me in June after the wedding.

Will there be enough time for the IR-1/CR-1 process? Is K-3 still an option, and if it is, is my situation best for a K-3?

I want to begin the I-130 so I can mail that in if that is my best next step forward. Thank you for your help!

[bigdog 376]

K-3 will be merged to IR-1/CR-1 etc. Just file IR-1/CR-1 cheaper. No need to get married again, just get the certified copy from Canada, congratulations. You might read some threads on this.

[Inky 1,110]

June is not going to happen. Look closer to 9 months to have her in the USA with her visa.

Your already legally married so no need to marry in the USA unless you are wanting to do a ceremony for family only.

[canadian_wife 1,822]

I agree with Inky, June isn't going to happen. You may cross your fingers, hope and pray, but dont' make any bookings, definitly no travel plans, and certainly do not put any money on anything. While ours took 10 months, 8-12 is what you're really looking at.

Forget the K-3, it takes longer than the Cr-1 (per http://www.visajourney.com/content/compare) and has very marginal benefits - if even available at this stage in the game

Good luck

[KnowledgeIsPower 2]

So given that she is a Canadian citizen, she can still travel to the US without a visa and see me, but obviously would not be able to stay here. So there's no way we could move in together around summer if the paperwork has not been completed?

[canadian_wife 1,822]

No, she cannot move to the US without proper authorization. She may visit - but even without needing a visa, entrance and duration of stay is never a guarentee. I was denied entry into the US twice...married to a USC

Good luck

[sdw 10]

She can still visit you. She will need to show ties to Canada and it will be up to the CBP about letting her visit. Some people have had problems crossing and others have not. I was lucky and never had a problem crossing and I crossed most weekends while waiting for CR1.

[KnowledgeIsPower 2]

Thank you all I guess I should get started!

Really quickly taking a glance, it says I need to include a certified copy of the marriage certificate. Will I get this back? I am issuing it from Ontario right now online, so I might as well get multiple copies?

Also, it says that I need to include:

Evidence of a bona fide Marriage

The USCIS now requires that when filing an I-130 for a spouse that you include evidence of a bona fide marriage. They list examples of acceptable evidence as:

1. Documentation showing joint ownership or property; or

2. A lease showing joint tenancy of a common residence; or

3. Documentation showing co-mingling of financialresources; or

4. Birth certificate(s) of child(ren) born to you, thepetitioner, and your spouse together; or

5. Affidavits sworn to or affirmed by third parties havingpersonal knowledge of the bona fides of the maritalrelationship (Each affidavit must contain the full nameand address, date and place of birth of the person making the affidavit, his or her relationship to the petitioner ofbeneficiary, if any, and complete information and details explaining how the person acquired his or herknowledge of your marriage); or

6. Any other relevant documentation to establish that thereis an ongoing marital union.

I don't have any of this as we obviously haven't moved in together, advice?

Thanks again!

[cathy2904 97]

We had no evidence as we had also not been living together at the time we filed. We just sent three affidavits from people who knew us and we were approved without any problems. Good luck.

[sdw 10]

We sent in: Joint bank account husband had me added to his bank account, we had friends write some affidavits and pictures. We were not asked for further evidence with the I 130.

I drove across the border so I never had anything to show visits.

[GnBnL 50]

yes, don't ever bank on USCIS processing times. best not to make plans til you KNOW her arrival date. Congrats!

[KnowledgeIsPower 2]

Thank you!

Another question I have is do I need to file the the I-130 package first, wait for approval, and then file the I-485? Or do I submit both packages together?

[sdw 10]

You file I130 wait for approval, the file gets sent to NVC where you will submit Affidavit of support and immigrant visa, once those are approved your file will go to Montreal for interview.

The I485 is for adjustment of status which you do not need to file.

[KnowledgeIsPower 2]

You file I130 wait for approval, the file gets sent to NVC where you will submit Affidavit of support and immigrant visa, once those are approved your file will go to Montreal for interview.

The I485 is for adjustment of status which you do not need to file.

Thank you sdw, that is very helpful

After speaking with my parents, my Dad was suggesting that I delay the paperwork until after she has come to United States, that way when she comes through immigration nothing would show up on her file and she could just say she is visiting relatives. From what I understand Canadians are allowed to stay for 6 months, and could apply for an extension visa after that. Is this realistic? Will it be seen as evading immigration or something? I'm just sort of confused because from what I understand the US and Canada have close relations allowing visitors across the border very easily, so I don't see why they won't let her just visit for that long?

Or if we start paperwork now, and she comes in June for the wedding (just to clarify it's just a ceremony for family, since we already had the court marriage), can't she live with me for those 3 or so months on a visitors visa? Sorry for all the questions, just a bit frustrated that this immigration paperwork will delay our plans.

[sdw 10]

That is not a chance I would want to take. If it is looked at as immigration fraud your wife could end up with a life time ban. I know how much it sucks to not be with your spouse, but better not to chance things.