I 129f OR I 130????

[Sonora 0]

My fiance and I live in Canada together. I am a U.S. citizen, he's not. We want to move in the U.S. Will it be faster if we marry in Canada and file for a I-130 or if we file for the I 129f and marry in the U.S.?

[Dave&Roza 748]

My fiance and I live in Canada together. I am a U.S. citizen, he's not. We want to move in the U.S. Will it be faster if we marry in Canada and file for a I-130 or if we file for the I 129f and marry in the U.S.?

K-1 visa is for a fiance(e) to come to the US and get married within 90 days. Then must file for adjustment of status (AOS) which is taking about 6-9 months right now. Immigrant spouse cannot work until the EAD card is received and they have a SSN.

IR-1/CR-1 spousal visa is for the spouse of a USC to immigrate to the US. All paper work is complete before arrival so the immigrant can work and travel after arriving as GC is issued upon arrival and the physical card arrives in about a month.

Right now both are taking 7-12 months to process. Depending on where you end up, VCS or CSC, one visa may be faster than the other. Gone are the days when the K-1 was faster. The K-1 is more expensive than the Spousal visa. Have a look at the guides on this website and determine which is the better choice for you and do not let speed be the determining factor.

Another option would be to do a direct consulate filing (DFC) after getting married and living in Canada. I do not know what the qualifications are but if you are going to be in Canada for a while before moving to the US, this might be an option for you.

Good luck,

Dave

Edited March 26, 2013 by Dave&Roza

[Inky 1,111]

K-1 visa is for a fiance(e) to come to the US and get married within 90 days. Then must file for adjustment of status (AOS) which is taking about 6-9 months right now. Immigrant spouse cannot work until the EAD card is received and they have a SSN.

IR-1/CR-1 spousal visa is for the spouse of a USC to immigrate to the US. All paper work is complete before arrival so the immigrant can work and travel after arriving as GC is issued upon arrival and the physical card arrives in about a month.

Right now both are taking 7-12 months to process. Depending on where you end up, VCS or CSC, one visa may be faster than the other. Gone are the days when the K-1 was faster. The K-1 is more expensive than the Spousal visa. Have a look at the guides on this website and determine which is the better choice for you and do not let speed be the determining factor.

Another option would be to do a direct consulate filing (DFC) after getting married and living in Canada. I do not know what the qualifications are but if you are going to be in Canada for a while before moving to the US, this might be an option for you.

Good luck,

Dave

There is no DCF in Canada. There has not been for quite some time.

Also Marriage certificates in Canada can take MONTHS to get back which would prolong the process even more.

[Sonora 0]

Thanks for the info. guys! Seeing as there is no DCF in Canada, I think we'll continue on the I 129f path.

There is no DCF in Canada. There has not been for quite some time.

Also Marriage certificates in Canada can take MONTHS to get back which would prolong the process even more.

Thanks! How is it that your application went through so quickly?

Edited March 26, 2013 by Sonora

[NikLR 13,232]

Depends where you get married. My marriage certificate took exactly 1 month. It was from BC. But I know on the USA you can often get them the same day.

When factoring costs, also think about where you live in Canada. Immigrant visa interviews are only done in Montreal. Fiancé interviews are in both Vancouver and Montreal.

Either way, unless you move ahead and get a job that pays 125% of the poverty line you will need either 3x the line in assets or a joint sponsor that makes enough to support your spouse and their own family.

Right now, depending on the local office, or if you both stay abroad, the CR1 process could be much faster for you. And cheaper. And it allows your spouse to work right away.

You can also get married in the USA and come back to Canada to file.

[NikLR 13,232]

Petitioners filing from abroad with their spouses are getting the fast treatment pretty often. People are seeing a month or two petition approvals. Something you won't get with an I-129f that I've seen. Just be careful if you decide to stay in Canada during the whole process. I'm not sure about Vancouver but Montreal is strict on domicile.

[Sonora 0]

I'm using my parents' address in the U.S. as my "domicile" and they've agreed to be sponsors so I hope that works out. As far as getting married in the U.S. and coming back to file the I 130, can we just cross the border for the weekend without any trouble? Also, I thought the I 130 was supposed to take at least 8 months. I've already sent off the I 129f and received my NOA1. I just don't know what makes more sense considering that I wont get the fees back if I change routes.

[Flames9_RN 358]

Welcome to VJ! As many others--including myself back in 2004----wish we had found VJ earlier in the process. What makes sense to you and what makes sens to others--can be very different! Lot of it comes down what is important to you--so have a look at the COMPARISON of the two visas: http://www.visajourney.com/content/compare

As you can see their are some big differences between the k1 and CR-1. If one needs to work right away in the USA, then one needs to go the cr-1 route. If one has a sick Cdn relative that requires frequent visits, then again prob better to go the cr-1 route--yes one can get Emergency Advance parole (AP) with the k1.

And something else that many Cdns are not aware of --Cdn EI!! Even though he is moving to the USA--he can get EI!! With the k1--not until he gets his EAD (but one still applies for it right away)With the CR-1, he is able to get Ei right away! Of course 1 has to have enough qualifying work hours!!

Yes the k1 should be faster, but do you require faster? etc etc. Welcome to VJ and best of luck!! READ THE GUIDES--NO 1 CARES MORE ABOUT YOUR CASE THAN YOU!! Cheerio

[Sonora 0]

Thanks!

[Inky 1,111]

Thanks! How is it that your application went through so quickly?

My husband is active duty military. We had requested military expedite and had included A LOT of papers with our files.

[NikLR 13,232]

I'm using my parents' address in the U.S. as my "domicile" and they've agreed to be sponsors so I hope that works out. As far as getting married in the U.S. and coming back to file the I 130, can we just cross the border for the weekend without any trouble? Also, I thought the I 130 was supposed to take at least 8 months. I've already sent off the I 129f and received my NOA1. I just don't know what makes more sense considering that I wont get the fees back if I change routes.

If you've already picked a route I would stick with it. But you will need much more than your parents address to establish domicile. I suggest reading the domicile thread. Was your petition sent to Vermont or California?

My CR1 process I hope will be done by June. It was 4 months for the NOA2 and I hope I can get a June interview date.

[Sonora 0]

If you've already picked a route I would stick with it. But you will need much more than your parents address to establish domicile. I suggest reading the domicile thread. Was your petition sent to Vermont or California?

My CR1 process I hope will be done by June. It was 4 months for the NOA2 and I hope I can get a June interview date.

It was sent to California but I talked to my fiance and I think we'll get married and go the I 130 route. It just seems to make more sense in the long run, even if it's a bit slower. Thanks for all the good advice! I hope your application gets approved quickly! According to what I've read on here, it seems pretty unpredictable. I was reading about people getting their NOA2 approved in a week! Here's to hoping. . .

Edited March 27, 2013 by Sonora

[NikLR 13,232]

Actually with the I-129f at California, it would be faster to do the I-130. Right now they're taking 8 months for their petitions.

With both of you abroad, you should get the NOA2 fairly quickly. Don't put your US address anywhere and send from Canada.

I hope you guys have a great time planning a wedding. If you want help, we'd all be happy to!