Lots of things not making sense to me

[DoritoBreath 0]

Hello. I created an account just now so that I could ask for some help with this. My husband is the petitioner and I am the applicant btw.

1. Does my husband only need to fill out an Affidavit of Support if they ask for it? If so, when will they ask for it? If not, should he have received an invoice?

2. I'm currently collecting documents to submit with the DS-230/DS-260 (will get to a question involving that in a min); do I need a police record from each town I've lived in over the age of 16? Or since it is Canada-wide, do I only need it from the town I currently live in?

3. I believe I am required to fill out the DS-230, because my case number says "MTL". This is a problem, because I live on Vancouver Island. I've already sent in an email inquiring about this to the NVC, but I haven't heard back from them yet. Does anyone know if the interview can be held in Vancouver, or am I kind of screwed?

4. Assuming I can get the DS-230 sent off by the end of the week, how long is the possible wait before the interview? My husband wants to schedule some time off so he can fly up here at that time. If it is going to be awhile, can I go visit him while it is processing? I've seen mixed answers to this on different websites.

Thanks in advance!

[pocheros 101]

First, are you applying for a K1, CR1/IR1, or a K3? (hopefully not K3) The advice will be different depending on what visa you're applying for.

1. You are absolutely required to fill out an affidavit of support and submit supporting documentation with it. If you are a CR1/IR1 (spouse) you will fill out the I-864, if you're a K1 (fiancee) you will fill out the I-134. These documents are very important and you will not have your visa approved without them.

2. You only need ONE certificate- it's country wide. If you were born outside of Canada I believe you need another certificate from that country. If you are a K1, you DO NOT submit your police certificate (or birth certificate, for that matter) with packet 3. I am not so sure about what you submit for packet 3 if you are a IR1/CR1. Hopefully someone else chimes in for that.

3. If you are a CR1/IR1, you will unfortunately have to interview in Montreal. If you are a K1, then they mixed something up and you need to look into having your case transferred to Vancouver. Did you move to Vancouver recently, or have you resided in Vancouver since the beginning of the process?

4. If you are a CR1/IR1 then you can expect 2-4 months before you receive an interview date from Montreal. If you are a K1 it will be much faster assuming you can get your case transferred to Vancouver, but keep in mind it will take some time for them to transfer your case.

It is possible for you to visit your husband but sometimes people get turned away at the border if they are in the process of obtaining a visa. My impression is that you are more likely to be turned away if you an IR1/CR1 than a K1 but anyone can be turned away if the border patrol officer feels they should.

In order to visit the USA while your case is being processed, you need to bring proof of ties to Canada- documents that demonstrate there's a reason you have to return and not prematurely start living in the USA. This might include things such as a return ticket, a letter from your employer, a copy of your lease, copies of your immigration paperwork, etc.

Always have a back up plan in case you get turned around at the border- for example, pay the extra $20 or so for a refundable plane ticket. In general it's easier for the American to visit Canada, instead of the other way around.

I recommend you fill out your profile (indicate what visa you're applying for) and your timeline- it will make it easier for us to help you! And welcome to visa journey.

Edited January 22, 2012 by pocheros

[DoritoBreath 0]

Thank-you very much for the fast reply!

I believe I'm IR1/CR1. I submitted both the I-130 and I-129F at the same time, and I believe the I-130 was processed first. I don't recall it actually saying on any of the subsequent forms I've received... :S

1. Thanks for the info! So, we pay the $88 for the I-864, and then fill it out, or vice versa? Should I alert the NVC that we did not receive an invoice for the affidavit? I know we'll have to use the alternate payment method, not the electronic one.

2. Again, thanks for the info. That means less travelling around the country for me.

3. Well this one sucks.. guess I'll have to start looking at the price of tickets there. T_T

4. So could I possibly spend those 2-4 months in the US, and then fly back up for my interview? Or do I need to stay in Canada?

[Penny Lane 8,159]

Wait, what do you mean you submitted both the I-130 and I-129F at the same time? The I-130 is a petition for an alien relative, while the I-129F is a petition for an alien fiance(e) ... you seem to be married, judging by your use of the word 'husband' so I'm not sure why you'd file for a fiance.

[DoritoBreath 0]

Well we were trying for the K-3, which says to fill out both.

website I got info from

If I understand correctly, whether you get the immigrant or nonimmigrant visa depends on which they process first. I think they must've processed the immigrant one first then, cause I did specifically request to have the interview in Vancouver.

I hope I did understand that right. I don't want to have messed it up badly or anything. o.o;;

[pocheros 101]

Oh, I didn't notice that you said "husband." Although sometimes people mistakenly call their fiances their husband because in their hearts they're married, lol So, have you legally been married and obtained a marriage certificate? Because then you most certainly will be interviewing in Montreal- as you noted, only Montreal processes immigrant visas (spouses) whereas both Vancouver and Montreal process nonimmigrant visas (fiances). Don't worry, you haven't messed anything up You can't transfer your case to Vancouver, either, so be prepared to buy plane tickets and rent a hotel.

It sounds like you petitioned for a K3 visa (where you submit BOTH the I-130 and I-129) which is a little unfortunate because it's slower and more expensive than the other visas. It's pretty much a dead visa now (most people go for K1 or IR1/CR1). I hope you didn't pay a lawyer to fill out the petition for you. Also, although the processes are similar, a K3 is not the same as an IR1/CR1 so be sure to identify yourself as a K3 when asking for help

I am not familiar with K3 visa procedures, so perhaps check the K3 guide here: http://www.visajourney.com/content/k3guide and the K3 flowchart here: http://www.visajourney.com/content/k3flow There is also a K3 forum that you can check out. I'm not sure how helpful those are- it seems a little confusing in that the process resembles that of a K1. I'm really not terribly sure how it works with a K3.

Edited January 22, 2012 by pocheros

[dukeandduchess 141]

I think they just convert K3's to CR1's after a certain point because the processing time is pretty much the same now.

You will need the Affidavit of Support at your interview, so have him fill it out and send you the evidence ASAP.

If you applied for the CR1 you have to go to Montreal because Vancouver only processes K1. You can get your medical done at Woking Medical though, which is on Burrard (Downtown Vancouver).

[DoritoBreath 0]

Oh, I didn't notice that you said "husband." Although sometimes people mistakenly call their fiances their husband because in their hearts they're married, lol So, have you legally been married and obtained a marriage certificate? Because then you most certainly will be interviewing in Montreal- as you noted, only Montreal processes immigrant visas (spouses) whereas both Vancouver and Montreal process nonimmigrant visas (fiances). Don't worry, you haven't messed anything up

It sounds like you petitioned for a K3 visa (where you submit BOTH the I-130 and I-129) which is a little unfortunate because it's slower and more expensive than the other visas. It's pretty much a dead visa now (most people go for K1 or IR1/CR1). I hope you didn't pay a lawyer to fill out the petition for you. Also, although the processes are similar, a K3 is not the same as an IR1/CR1 so be sure to identify yourself as a K3 when asking for help

I am not familiar with K3 visa procedures, so perhaps check the K3 guide here: http://www.visajourney.com/content/k3guide and the K3 flowchart here: http://www.visajourney.com/content/k3flow There is also a K3 forum that you can check out.

Yes, we've been married since October 2010.

Thankfully I didn't pay a lawyer; it's just been me figuring things out. I guess if I had asked for help sooner, I wouldn't be having difficulties now. >.<;; Oh well. 20/20 hindsight.

Okay, I will do that. Thanks again for your help.

@dukeandduchess- Thank you! That is really good to know about the medical. I'm not at that point yet, but I will keep that in mind when it's time for me to get that done. Plus it's good to know about the affidavit too. :3

[pocheros 101]

I think they just convert K3's to CR1's after a certain point because the processing time is pretty much the same now.

Ah, okay, that makes sense. So, for all intents and purposes, can we treat the OP's case like a CR1?

It's good you didn't pay for a lawyer because usually they're not any better informed than us since the procedures for obtaining a visa change frequently I'm sure your case has been proceeding smoothly as your case has been transferred to NVC already, and there is nothing to worry about now that you have the help of visa journey

Anyways, referring to your original post: yes, you will need to fill out the DS-230. There's one form that you fill out online where you're supposed to upload a scanned photo of yourself and it has a barcode (I forget which one it is- I think it's the DS-230). Try to print off this form if possible to bring to your interview even though it's supposed to be electronically logged.

Regarding the medical: be prepared to pay a fee (between the low and high $200's- I don't know how much the Vancouver medical charges specifically.) Although you cannot book your medical until your interview date has been assigned, now is a good time to look at collecting what will be necessary for it- most importantly, ensure your vaccinations are up to date, and if you have any medical conditions or take medication regularly you should obtain a letter from your doctor. Here is the link to the Vancouver medical website: http://www.wokingmedical.com/

Edited January 22, 2012 by pocheros

[DoritoBreath 0]

Okay. If I have any issues with filling that out, I'll know where to ask. It'll probably take me a couple more days to get the last of my documents in order.

[dukeandduchess 141]

Ah, okay, that makes sense. So, for all intents and purposes, can we treat the OP's case like a CR1?

As far as I understand that's how it works. They had the K3 visa back when it took CR1's about 2 years to process. Now that CR1's and K1's have similar time frames there really isn't much use for them. I've never heard that you file the I-130 and I-129F at the same time though (but never researched it).

OP: FYI the medical at Woking costs $350 or $300 if you are pregnant. I believe the medical in Toronto/Montreal are much cheaper but not totally sure how much it is. If you're there anyway it may be cheaper to do it the day before your interview (since if you live on the island you would have to travel to Vancouver anyway).

[pocheros 101]

As far as I understand that's how it works. They had the K3 visa back when it took CR1's about 2 years to process. Now that CR1's and K1's have similar time frames there really isn't much use for them. I've never heard that you file the I-130 and I-129F at the same time though (but never researched it).

I believe that's what makes it a K3- filing both the I-130 and the I-129 at the same time, because then they could process either one, supposedly speeding up the process. Of course, that is no longer the case and actually does the opposite... Ah, bureaucracy!

Okay, after doing some sleuthing here: http://www.visajourney.com/content/compare It seems that the OP is able to abandon the K3 visa and convert to a CR1 like you said. Hopefully this is the case since it's faster and cheaper!

OP: FYI the medical at Woking costs $350 or $300 if you are pregnant. I believe the medical in Toronto/Montreal are much cheaper but not totally sure how much it is. If you're there anyway it may be cheaper to do it the day before your interview (since if you live on the island you would have to travel to Vancouver anyway).

I believe Montreal/Medisy's is $210 and Toronto/Dr. Seiden's is $275 (I should know, I went there, lol). However you have to factor in processing times- Medisy's is 3 business days I believe, which means if the OP had their medical done there they would have to pay for extra hotel nights, whereas if they had their medical done in Vancouver they get away with only paying for two nights at a hotel. Not to mention Working Medical is probably less of a hassle since it's probably not as busy as Dr. Seiden's and Medisy's.

Edited January 22, 2012 by pocheros

[DoritoBreath 0]

Yeah, I'm thinking that going to the Woking Clinic will still be the best option for me, even if it costs slightly more, because I have family in the area I can bunk with. :3

[Kathryn41 3,205]

Welcome to Visa Journey, DoritoBreth,

Just to clarify, the K-3 is what you originally filed for, but because the I-130 was approved first, that basically 'killed' the K-3 and it was automatically converted into the CR-1. It used to be that the I-129f was approved faster than the l130, and this would allow a spouse to enter the US as a non-immigrant and be with their US partner instead of being separated, then could either apply to adjust status from within the US the same as a K-1 would do, or wait until the I-130 was approved and continue with a CR-1. Since the l130 began taking the same amount of time as the I-129f for approval, USCIS just administratively closes the I-129f K-3 option and only processes the I-130.

Edited January 22, 2012 by Kathryn41

[dukeandduchess 141]

Yes, Woking Medical is super easy. *However*, they only do their exams on Wednesday at 6:30 AM. You can pick your results up after 1pm on the same day. It's convenient if you don't want to wait for the results. They booked me the day I requested (I think I booked 2 weeks in advance).