K3 or IR-1 / CR-1?

[daphoknee 4]

Hi everyone,

My husband and I are looking to file our I-130 and I'm getting confused as to whether we should file K3 or IR-1/CR-1. Here's our situation: He's an American Citizen, and I'm Canadian, we were originally going to file via DCF in Toronto but that's no longer available. We are currently both residing in Toronto, Canada and do not have any immediate plans to move until all my paperwork goes through and is officially approved. I've been reviewing the comparison of the visas on VF and it looks like IR1/CR1 seems to fit our situation better but with all the different forms needed, I've been getting confused! Any advice would be greatly appreciated!

Cheers,

D

[Thomas&Cleofe 358]

Please file the I-130 petition for an IR-1/CR-1 visa.

Filing a petition for a k-3 visa is now obsolete and has no benefit anymore.

[canadian_wife 1,822]

If you are both living in Toronto, the investigate the domicile issues that Americans have who are living in Canada. Montreal is VERY strict about domicile issues.

And ^^^ is right, no more K-3 so that isn't even option. Before you post a link from the USCIS website saying that it is, NVC closes the I129F petitions and have been for almost 2 years

Good luck

[daphoknee 4]

If you are both living in Toronto, the investigate the domicile issues that Americans have who are living in Canada. Montreal is VERY strict about domicile issues.

And ^^^ is right, no more K-3 so that isn't even option. Before you post a link from the USCIS website saying that it is, NVC closes the I129F petitions and have been for almost 2 years

Good luck

What do they need to investigate exactly? My husband is a permanent resident in Canada as I had sponsored him over and unfortunately he's not liking it here What do I need to prove we are both living at the same address other than bills sent to our address?

Thanks!

[Penguin_ie 5,994]

It's not you living together that they are strict about, but that the USC still has domicile in the USA. Check out this thread: http://www.visajourney.com/forums/topic/164618-proving-domicile-when-not-living-in-the-us/

[canadian_wife 1,822]

The issue is not him being in Canada, but proving that he'll return to the US. Montreal is VERY strict about this. The last few posts in the thread linked by penguine has a few Canadians fighting this battle. One couple already sold their home in Canada and are now in a bind because that was not sufficient for Montreal. They are VERY strict about this. Please research this before the interview and do not go with a 'wait and see' attitude. Many Canadians do this only to find months of separation follow their denial while the USC returns to the US to find work and a place to live.

Good luck

[daphoknee 4]

The issue is not him being in Canada, but proving that he'll return to the US. Montreal is VERY strict about this. The last few posts in the thread linked by penguine has a few Canadians fighting this battle. One couple already sold their home in Canada and are now in a bind because that was not sufficient for Montreal. They are VERY strict about this. Please research this before the interview and do not go with a 'wait and see' attitude. Many Canadians do this only to find months of separation follow their denial while the USC returns to the US to find work and a place to live.

Good luck

As per my request, my in-laws who currently live at our intended domicile in the US have written a letter stating that we will be staying with them until we can find our own place to either rent or purchase. Will that suffice?

[canadian_wife 1,822]

As per my request, my in-laws who currently live at our intended domicile in the US have written a letter stating that we will be staying with them until we can find our own place to either rent or purchase. Will that suffice?

Probably not, go on over to the Canada forum and read the thread about domicile in the US. Montreal usually requires a job and a home prior to the visa to be issued. Letter from a family member probably won't be enough

Good luck