Need a little help starting

[KnowledgeIsPower 2]

Would a K3 for our situation be better? From what I understand that seems to be the purpose of the K3, but from what I hear here it is taking the same time as IR-1/CR-1 so it is pointless? Is that true? If so what is the point of the K3?

[HeatDeath 430]

Never, ever, EVER lie to the US government about anything immigration related, ever. They literally hold your future in the US together with your wife in the palm of their hands, and they take being lied to really, REALLY personally.

As the spouse of a US citizen, she will need to have with her, every single time she enters the US to visit, until the visa is approved, evidence of employment, apartment rental or mortgage agreements, a well defined intended date of return, an employer letter reflecting that expected return date, ideally a return ticket for the expected return date, and a copy of all of your immigration papers to date. Also, she should be packing really lightly. If they smell even the tinest hint that she intends to stay, they will slam the door so fast her head will spin.

Under no circumstances should she attempt to bring a wedding dress across the border with her on any attempted visit.

Even with all that, her being able to visit is a roll of the dice, so neither of you should be shocked or devastated if it happens not to work out and she is denied entry. Don't panic, a denial on an attempted visit will have no impact on her eventual entry with the visa.

[HeatDeath 430]

The K-3 was legislated into existence at a time when CR-1 visas took literally years to approve. The K-3 is designed to allow the intending immigrant to enter the US after a much shorter period, and wait out the [then] extremely long green card approval with their spouse.

Now that GC approvals only take a few months, there is no meaningful difference in the timeframe between CR-1s and K-3s, and, with very few exceptions, no situations where one is better than the other.

Accordingly, the NVC now basically converts all K-3 applications to CR-1 applications midstream. So it's easier and less confusing to everyone (especially the NVC) to just start with a CR-1 application from the beginning.

[canadian_wife 1,822]

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.

It sounds like, by this post, you are actively trying to complicate your case. It is extremely unlikely she will be granted an extension. Extensions are for emergent situations, not for wanting to stay with your husband for longer.

My other concern is that it sounds like your wife does not have strong (or any) ties to Canada, is this the case? You want her to stay for 3 or 6 months, then apply for an extension. What happens if at the CBP she is asked for compelling evidence that she intentds to return to Canada?

Now, not saying she has any reason to think she will be denied, but these are now things that you need to worry about.

Plus, you really want to avoid using the words like "live" and "move" - those will get her denied pretty darn quick as she is unauthorized to do either of those things. She can "visit" and "stay" with you for up to 6 months if granted entrace without restrictions by the CPB. \

You just filed for your marriage cert from Ontario yes? That will take 4-8 weeks so you have time to figure this out anyway. I'd file ASAP (not doing so is simply extending this journey) and have her visit in June.

Good luck

[Helen Louise Pile 80]

OP - it seems like you are trying to figure out a way to stay together during this process. I understand that. When we filed for my K1, my husband took a flight back to the US (we were living in Scotland) filed the paperwork and then I flew over a few days later and stayed for 3months I had no lease or mortgage or anything to prove I would return. There were no issues for me.

She must return home to attend her visa interview and her medical and to get ready to move to the US. If you accept that and make it part of your process you'll be ok. Time apart will pass quickly.

If I were in your position (and mine was similar) I would take the advice of a previous poster and file asap. Then I'd make sure she has evidence to convince CBP if they need to be convinced that she will return within 6 months (return ticket, employer letter saying they expect her back-I did have this, a copy of your I-130 if necessary and definitely definitely pack lightly! NO important documents or too many belongings)

If she comes over with the plan of staying and lies to CBP about her intention to return home then you will have problems and it's definitely not worth the risk just to be together a few months sooner. There are plenty of VJ posts about how to prepare for questions at CBP when you are in your situation.

Best of luck!!

[KnowledgeIsPower 2]

Thank you all for the help, that is very helpful! I have all the paperwork ready, just waiting on our marriage certificate to come from Ontario (probably another month since it was just done a week ago =/).

[bestofboston 36]

You need to complete the I-130 for CR1 visa. Once you receive the NOA1, you can then apply for K3 which is a waste of time and money. The K3 goes away at the NVC (national visa center)because the CR1 visa is already being processed.

Bottom line is don't even bother to fill in the paperwork for a K3 visa. Focuse on the I-130 process and the process after the I-130 is approved at the USCIS because the second stage is the NVC process which takes almost as long as the USCIS process.

You only need a copy of your marriage certificate and other certificates at time of sending in I-130.

You will need certified copies of marriage certificate once your NOA2 is received and it is forwarded to the NVC. One certified copy your spouse will need at interview in Canada, the other certified copy you will send to the NVC.

She will also need to obtain a police certificate in Canada. You will need to find out how long the police certificate is valid for so you may need to wait around 4 months before requesting it.

You both will need certified copies of your birth certificates.

You can go to the imigration timelines for canada and determine how long it takes between time you receive NOA1 and interview date. The time frames are generally close.

It took my wife 10 months before she was here in the USA.

Good luck

Be completely honest and I don't recommend waiting on submitting the I-130. The sooner the better.

Just send photos of wedding, pictures of you two together also keep records of each border crossing to prove visits to see each other.

The marriage certificate is good proof that you are married. It is also good to have people there and here to complete avadavits that your marriage is bonifide.

Edited January 5, 2012 by bestofboston

[KnowledgeIsPower 2]

You need to complete the I-130 for CR1 visa. Once you receive the NOA1, you can then apply for K3 which is a waste of time and money. The K3 goes away at the NVC (national visa center)because the CR1 visa is already being processed.

Bottom line is don't even bother to fill in the paperwork for a K3 visa. Focuse on the I-130 process and the process after the I-130 is approved at the USCIS because the second stage is the NVC process which takes almost as long as the USCIS process.

You only need a copy of your marriage certificate and other certificates at time of sending in I-130.

You will need certified copies of marriage certificate once your NOA2 is received and it is forwarded to the NVC. One certified copy your spouse will need at interview in Canada, the other certified copy you will send to the NVC.

She will also need to obtain a police certificate in Canada. You will need to find out how long the police certificate is valid for so you may need to wait around 4 months before requesting it.

You both will need certified copies of your birth certificates.

You can go to the imigration timelines for canada and determine how long it takes between time you receive NOA1 and interview date. The time frames are generally close.

It took my wife 10 months before she was here in the USA.

Good luck

Be completely honest and I don't recommend waiting on submitting the I-130. The sooner the better.

Just send photos of wedding, pictures of you two together also keep records of each border crossing to prove visits to see each other.

The marriage certificate is good proof that you are married. It is also good to have people there and here to complete avadavits that your marriage is bonifide.

Currently I have a "Record of Solemnization of Marriage" that was given to us by the courts which has our names, date of marriage, location of marriage, signature of person performing marriage, and 2 witnesses, as well as the officially printed License number. They did say this is NOT the official marriage certificate however, and I have to wait 10 weeks to get that one in the mail. Can I use a copy of this paper they gave me with my I-130 so I can start the process.

We will send wedding photos and other pictures together, as well as affidavits. However will I need to wait the 10 weeks to get the official certificate from Ontario before submitting the I-130?

Edited January 5, 2012 by kutibah

[Ryan H 3,812]

Accordingly, the NVC now basically converts all K-3 applications to CR-1 applications midstream. So it's easier and less confusing to everyone (especially the NVC) to just start with a CR-1 application from the beginning.

Incorrect wording. The NVC does not convert an I-129F that was filed in conjunction with an I-130 to start the K3 process; the NVC administratively closes an I-129F petition that was filed in conjunction with an I-130 if the NVC receives said I-130 at the same time or before said I-129F. If the NVC were to receive the I-129F before the I-130 (rare, but does occasionally happen), then the I-129F would be assigned a case number and sent to the appropriate Embassy or Consulate.

[Therealworld 90]

Now that she is married and if you file the paperwork, they may not let her come and visit anymore for fear she may try to stay

[marybraun 1]

Great that I read this , Yes like wht i read and heared from other membershere it will take 8-12 months for CR1 and like yours we are also newly wedd and were planning to file our pettion this month as soon as my husband get my docs. he will start to file it.

as a bonifide evidence , we will just include a coppy of our Marriage Certificate and a copy of his boarding pass and some receipts from the restaurant were our reception held, and also 2-3 pcs of our photos of wedding with my families and 2 pages of chat log through skype.

I hope that my Bonifide evidence is acceptable to them.

Good luck to our journey and I would like to thank all the members here in VJ who are very helpfull . GOD BLESS to all of US!!!!!!!!!!!!!!!

[canadian_wife 1,822]

Currently I have a "Record of Solemnization of Marriage" that was given to us by the courts which has our names, date of marriage, location of marriage, signature of person performing marriage, and 2 witnesses, as well as the officially printed License number. They did say this is NOT the official marriage certificate however, and I have to wait 10 weeks to get that one in the mail. Can I use a copy of this paper they gave me with my I-130 so I can start the process.

We will send wedding photos and other pictures together, as well as affidavits. However will I need to wait the 10 weeks to get the official certificate from Ontario before submitting the I-130?

Solemnization of marriage won't work, you need, NEED the marriage certificate when submitting the petition. Failure to do so will simply delay your case

Good luck

[CristyH 0]

I agree that it would be great if we could all just stay together through it all but no can do. My 3 yr old sure does not want to be away from daddy but that is what it is. I would not count on her being able to stay in the US 6 months either. When my husband came to Canada they gave him a visitor permit for 2 weeks. This was not anything we ever expected.

We are in a similar situation, I am Canadian and my husband is American. He is going back once he finds work and we will have to wait to be approved, trust me it sucks but if you can get through it!

[astone 0]

File the I-130 ASAP. My wife is from Ontario as well, so we got married in the US while she was here visiting. We were issued our marriage certificate from Virginia the SAME DAY, literally 15 minutes after. Next, we put all the paperwork together over the next few days, included pictures from our relationship history, including wedding. Then we sent out the package, and she went back to Canada.

Only thing you can do apart is try to work on your own individual lives. Make as sure a you can to be established somewhere. Myself, I just moved up to Maine and am working as much as possible, saving every dime I can. She is working in Canada and enjoying it a lot. Basically...find ways to make it not seem so long.

Get printouts of your phone conversations and try to take pictures together when you see each other. If she comes to visit, or vice versa, get sworn statements from people saying they saw you together.

DO NOT have her come in and get married, then file an extension. Unless you are a very good liar, or have a very expensive attorney, this WILL blow up in your face. Plus, even though you will be together, she won't be able to do anything: no school, no work, no driver's license, no nothing. She might be OK with that for the first month or two, but that will drain her eventually, I can promise you that.

In summary: file everything as diligently as you can, be overprepared, and read all the stuff you can here on VJ.

Also...in regards to your timeline: forget it. Sorry to sound harsh, but if you plan on filing in February (after you get the marriage cert.) then you can hope for November. If you really want to have your ceremony in June, then just have it June 2012. I filed on October 7, and got my NOA1 on October 10. I am hoping she gets here by June, maybe July. Good luck

[CristyH 0]

Plus, even though you will be together, she won't be able to do anything: no school, no work, no driver's license, no nothing. She might be OK with that for the first month or two, but that will drain her eventually, I can promise you that.

I totally agree, there really is no bigger stress than financial and not being able to do a thing about it.