Marrying in the US and filing I-130 Vs. Filing for K-1 Fiance Visa

[george89lol 0]

Hi there,

My girlfriend has been flying back and forth from Vancouver, Canada to here in the US for the past year and a half. Spending the majority of her time here as a visitor for less than 6 months [with no particular visa].

We are wondering if we just got married here, and she went back to Canada and we filed the I-130, if this would be a longer process than starting the process for a K-1?

Which process is easier and shorter?

What are the disadvantages of filing for a I-130 after marrying in the US as opposed to a K-1?

Any answers or info would be greatly appreciated.

Edited January 19, 2012 by george89lol

[redsnap 13]

There are links comparing those 2 visas, this might help...

http://www.visajourney.com/forums/topic/269856-k1-vs-cr-1/

Shortly:

K1 might be a little faster, fees are higher than the CR-1though and non us spouse can't work right after arrival in the us, but has to wait for GC and SSN, which takes a few months.

With CR-1 the spouse can work, travel and get health insurance right after arrival.

[canadian_wife 1,822]

K visas can interview in Montreal, Cr-1 spousal visas ONLY interview in Montreal. That would factor into my decision

Good luck

[skiptex 225]

once you are married.. K1 is no longer option

[pocheros 101]

1. K1s are less likely to get denied crossing the border while in the process of obtaining a visa than spouses but there is still a chance they can't cross.

2. K1s can interview in Vancouver if they live in Manitoba or west of there. This should be a big factor in your decision because the only other option is Montreal if you're a spouse which means a much longer wait (Vancouver is fast, Montreal is VERY slow) not to mention the travel expenses for the interview (plane ticket, hotel fees etc.)

3. It's faster than a CR1, especially since she'd be going to Vancouver.

4. But here's the catch: a K1 or fiance visa only grants her entry into the USA to get married to you, and then you have to apply for her green card, work permit, and advanced parole (this allows her to re-enter the states should she wish to travel) from within the states. This takes about 3-6 months and may come with another interview as well as another big $1k fee. During this 3-6 month period she will not be a permanent resident and will not be able to work, and she will not be able to leave travel outside the USA. If there's family and friends she wants to visit in Canada she'll have to sit tight and wait. The process tends to lean towards the shorter 3 month side, so if you have the $1k fee as soon she she gets here you could potentially be over the whole process relatively quickly.

Conversely, a CR1 visa automatically grants her a green card, so she'll be able to work as soon as she enters the states as well as travel freely. But then she'd have to fly across the whole country for her interview in addition to the long wait for it to be booked.

I'd guess that best case scenario, getting a K1 from vancouver and then applying for a green card would take the same amount of time as a CR1. Time isn't the only factor of course.

Good luck with whatever route you chose! And I recommend you check out the Canada regional forum, there are lots of friendly folks there who can help you out

[pocheros 101]

Edit: posted by accident

Edited January 20, 2012 by pocheros

[pocheros 101]

Just to put things in perspective:

Montreal takes at least 2-4 months to book a CR1: http://www.visajourney.com/consulates/index.php?ctry=Canada&cty=Montreal Although it tends to lean towards the longer end- trust me, many VJ members can confirm the frustrating 3, 4 month wait for an interview!

But as of 11/2011, according to this http://www.visajourney.com/consulates/index.php?ctry=Canada&cty=Vancouver Vancouver only takes 19 days to book an interview! HUGE difference! It's actually considered a blessing in the Canada forum if you get to interview in Vancouver

Note that the longest wait period is going to be with USCIS, who you file your initial petition with. The USCIS stage takes about 4-6 months, then there's about an extra month while your visa makes a stop at NVC (national visa centre). After NVC your case gets sent to the appropriate consulate.

Edited January 20, 2012 by pocheros