K3 vs. CR1

[Danapowers 1]

So far I have not found anything directly related to my issue and thought I would start a new topic in hopes to get some help. I am Canadian and my husband is USC. We got married back in October. I only started being refused entry 3 months after we were married Originally the plan was for me to stay in Canada and He stay in the USA, but the border guards have made that near impossible and pretty much told me the only way they will let me cross is if I file for permanent residence as I am no longer travelling across the border for travel. Every time each border guard wants something different for proof, including things that I have in all my folders, but they won't look at. The Surrey, BC border crossings are the worst when it comes to the american border guards. Even the Canadian border guards said they American ones have much different policies than them. My husband never gets asked anything from the Canadian border guards, including when he brings me car loads of stuff, but the Americans he give him a hard time.

Anyway we have decided we would start filing for my permanent residence, but am trying to figure out if i should file for a k-3 (which also means I could interview in Vancouver) or a CR1. How much of a difference in time is it till I can move there? I have already been apart from my husband for 5 or so months. I want to continue to work in Canada during the process and after I get my green card. i do not need to work in the USA for awhile. I have a really good job in Canada and would like to continue working. I have had 2 different immigration lawyers tell me different answers for the k3 visa. One told me i could still travel back and forth while the other told me once i got the 1-190 approved i would have to stay within the USA until its finished being approved. I cant be apart from my husband for another year. He just started a new job and has very little extra time now to be able to travel up here. Any information anyone can give to clarify this for me would be greatly appreciated. Also if anyone knows how it would work for filing taxes? I am paid to my company (corporation) when i am working in Canada. Would i have to file taxes in both countries?

[Cathi 5,783]

K-3 is obsolete and rarely, if ever issued anymore. K-3 was used to reunite spouses faster, when the waiting time for the CR1 used to take years. Now the CR1 only takes about 6-9 months from start to finish, therefore making the K-3 obsolete. Your only option is the CR1

[The Mean Lady 604]

Once you file, (for CR1) carry your NOA1 (notice of petition received) and it helps your case in crossing, but I suspect, given your history, things will NOT get easier as it sounds like you're pegged like my husband.

What are you bringing as evidence of ties to canada?

My husband has a folder packed with papers going back to 2010.

If you are in the situation I think you are, you better make sure you have a job and an apt (lease) in Canada, or you're pretty much screwed for coming over.

In my husband's folder:

- Years of paycheck stubs

- Hydro Bills

- lease

- letter from employer regarding intended day for return

- bank statements

- tax returns - copies of GST refunds

If your husband isn't traveling with you, then he should also bring contact information for you (mine is always with me)

Here's the list:

https://help.cbp.gov/ci/fattach/get/46680/1338847041/session/L2F2LzEvc2lkL05jVG16bnRs

Note: if you intend to attempt to cross at a different border, they DO have record of your issues.

Do not hesitate to ask to speak with a supervisor if you feel someone is not looking at your paperwork.

[Flames9_RN 358]

There is 1 poster on the Canadian forum that is at the interview stage for Montreal and it is for a K3, So I guess it is still alive. Have you compared the cr-1 and K3? http://www.visajourney.com/content/compare

Since Vancouver is normally a much faster Consulate, it could be to ur benefit to go the k3 route, but there may be other obstacles that slow it down.

[The Mean Lady 604]

There is 1 poster on the Canadian forum that is at the interview stage for Montreal and it is for a K3, So I guess it is still alive. Have you compared the cr-1 and K3? http://www.visajourney.com/content/compare

Since Vancouver is normally a much faster Consulate, it could be to ur benefit to go the k3 route, but there may be other obstacles that slow it down.

Can you link to this person?

My searches were unsuccessful.

[Danapowers 1]

Yes. I have compared it as per the chart. I need to still weigh the pros and cons. I am lucky though to have the medical center about a 15 minute drive from my house. I thought if the immigration lawyer offered me the k-3 as an option that it still should be in existence, just for most people cr1 is a better option. As I said I don't need to work there right away and live close enough to the border that I can commute to work in Canada. Also the flight alone to Quebec is an extra $700 so they k-3 if possible is cheaper, although more paperwork.

I am definately flagged at the border. The last border guard even gave me a hard time for carrying my whole vitamin bottle in my bag instead of just having it in a bag (figured its also better because they can see what the pills are). Going to different borders is not an option. I was working closer to a further border and they kept asking why I was going to a different border and thought I was border jumping. I know they can see what borders I cross at. I usually would go down just on weekends but sometimes would get extra time off work and would spend a week or two there. They expected me to remember the exact amount of time I spent there in September even though I said from what I remember I was only there on the weekend. They were trying to find anything to deny me. As far as what I provide for proof crossing the border. I give them bank statements. Income statements for the last 2 years. Cheque receipts for rent, pay stubs, letter from employer, business tax returns, personal tax returns, anything I can think of. Because I am month to month they think just working in Canada is not enough. I am at work and lost my train of thought... Hopefully I wrote everything I was going to.

[Kathryn41 3,205]

Since there are advantages for you to obtain a K-3, it is worth starting with that process. As was mentioned above, the K-3 is virtually obsolete, but in the off chance that it might still be processed and it appears to suit your needs better, I don't see any liabilities with giving that process a try. The worst that can happen is that the K-3 will be administratively closed and you will be transferred to a CR-1, which is where you would be if you filed for the CR-1 anyway, so you have nothing to lose and something to gain by trying for the K-3. From what I can tell, the two main criteria for you are to be able to continue to cross the border into Canada for work even after you move to the US, and to interview in Vancouver rather than flying to Montreal. You may wish to point that out in a cover letter with your petition/application and request that they keep your case as a K-3. You will need to complete the rest of the paperwork while resident in the US but with a K-3 you will be allowed to cross the border into Canada every day to work.

[Flames9_RN 358]

Save yourself more $$$ and do it on ur own...Lawyers do not speed up the process..There are step by step instructions here on VJ.....We had a lawyer (had not found VJ) and really all they are are $$$$ proof readers!!

[Danapowers 1]

Yes I plan to do it ourselves. I only spoke to the lawyers to find out a little bit of information. It also shows how little they know when the one immigration lawyer said I cannot travel back and forth on the k-3 which is not true. Luckily I did not pay anything to ask them some questions. I am thankful for this place and am just trying to find a step by step guide for the k3

[NikLR 13,232]

Just FYI you may want to check that Vancouver does K3 visa interviews still. Last I had heard they do not.

[Danapowers 1]

It's appears on the Vancouver US embassy website that they still do, but I emailed them to find out. I am actually working around the corner from them today, but unfortunately they are not open on weekends.

[Flames9_RN 358]

and they will be closed on Canadian and American holidays! And one may not be able to just walk in! I was able to walk in to the Toronto Consulate back in 2004 and able to ask a few general questions.

[Flames9_RN 358]

http://www.visajourney.com/forums/topic/410895-interview-scheduling-at-montreal-consulate/ Emily S is on a k3

[The Mean Lady 604]

Emily's was closed a long time ago.

jpatchett3 has an interview for K3 though.

However, they also have no timeline or info in their profile to begin to assess why.

Possible they were at ATL or NYC or even stuck at Vermont during that huuuuuge wait time.

[Flames9_RN 358]

Didnt realize Feb 2013 was along time ago,lol...still pretty recent in my books