Thinking of switching from K1 to K3 (Or CR1?)

[Sarah&Marc 22]

I Recently filed my I129F and got my notice of paperwork being sent to the Vermont service center but I am now thinking of marring my fiance when we see each other in September. What are the benefits of keeping the K1 vs. the K3. Are the processing times similar? If I apply for the K3 do we still have to apply for the AOS and wait 3 months for him to work once approved? What is the difference between the K3 and the CR1? help!

[NikLR 13,227]

K3 is obsolete. You'd do the CR1. Very very few K3 trickle into Montreal because the they have been known to close the I-129F that accompanies the I-130 if there is an approved I-130 on file.

If you switch, you lose your money and your time you've spent thus far. However a CR1 grants you the green card immediately upon entry to the USA which allows the beneficiary to work, collect EI, and travel without the expense and time for the AOS. Up to you guys!

[Sarah&Marc 22]

K3 is obsolete. You'd do the CR1. Very very few K3 trickle into Montreal because the they have been known to close the I-129F that accompanies the I-130 if there is an approved I-130 on file.

If you switch, you lose your money and your time you've spent thus far. However a CR1 grants you the green card immediately upon entry to the USA which allows the beneficiary to work, collect EI, and travel without the expense and time for the AOS. Up to you guys!

Might be a better option for us- are the processing times similar? We will only be about 2 1/2 months in...

[NikLR 13,227]

It's from 8-12 months normally. Mine was 8 which is quick, a few were quicker, most are about 10 months. But that's from initial filing to POE. If you live in BC however, the cost of flying to Montreal are high so it would be advantageous to stick with the K1 because you'll spend as much on flights and hotels as you would on AOS.

[NikLR 13,227]

Just FYI as well, it can take from a month to 5 or 6 to get a marriage certificate in Canada (depending on the province.) So it may be advantageous to be married in the USA where you can get the marriage certificate same or next day.

[ricky and elaine 8]

Hi everyone! We originally filed 1-129F in February/13. We were very dismayed at the lengthy time CSC was taking. We forfeited the money for the 1-129F and changed to 1-130 (CR1). We got married in Vegas where my husband lives (20 years) and got our marriage certificate next day! We married April 11/13 and filed 1-130 April 19th. I returned to Canada a lone newlywed! The main reasons we did it was due to our age..(late 50's) and the fact that I have an elderly dad in Canada and the thought of not having the ability to leave the country(AP) (US) for quite some time scared me. We have known each other 46 years. I do believe it is less expensive also for CR1.

Seems different service centers speed up and then slow down, another picks up, slows down. It is my understanding that most CR1 go to MSC (National Benefit Center)

I'd really like to know if any Canadian (April filers) are getting NOA2's my timeline adjudication date keeps changing to further into the year!!! ahhh!

[NikLR 13,227]

You can search via igors lists for all April filers.

http://www.visajourney.com/timeline/monthly_filers.php?form=2&visa=3&scenter=4&option=1&sortby=2

Only 4 april filers have been approved so far one of whom is Canadian but both spouses are living in Canada.

Edited July 13, 2013 by NikiR

[ricky and elaine 8]

Yes I did see that "Proudly Canadian". I just wonder why the prospective dates keep getting pushed back? Why some are so quick and some are lenghty. Guess it depends if people are updating timelines, if they gave up, and the various situations. I find it odd when I see some people from countries far far away getting NOA2's in 28 days! Guess MSC is doing all the CR1's now. How do you know if it got transferred to the local service center in the state (in my case las vegas)? They say patience is a good. I wish all VJer's a speedy approval. Just doen't seen to be rime or reason for the timelines.

[NikLR 13,227]

***moved to general discussion because OP is discussing changing of visa paths ***

Yes I did see that "Proudly Canadian". I just wonder why the prospective dates keep getting pushed back? Why some are so quick and some are lenghty. Guess it depends if people are updating timelines, if they gave up, and the various situations. I find it odd when I see some people from countries far far away getting NOA2's in 28 days! Guess MSC is doing all the CR1's now. How do you know if it got transferred to the local service center in the state (in my case las vegas)? They say patience is a good. I wish all VJer's a speedy approval. Just doen't seen to be rime or reason for the timelines.

CR1 timelines are so varied because after the National Benefits Center gets the case, they may adjudicate them there, but more often than not they transfer to the local office. As per: http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=c3c7ca7c5fed9310VgnVCM100000082ca60aRCRD&vgnextchannel=e7801c2c9be44210VgnVCM100000082ca60aRCRD Aug 15/2012. So the timelines are all over the place because Atlanta is VERY VERY slow (think 10 months for an NOA2) while some other places are very fast (think 1-2 months) but it normally takes at least 2-3 months for the transfer to happen initially.

The best way to know WHEN a transfer has happened (or IF) is to call the USCIS and speak to a tier 2, ISO. Do it several times to make sure you have a consistent answer. Only the petitioner can call.

ANYHOW this is the K1 forum and because this is discussion changing over and other visa paths I'm gonna move it to general discussion. BTW if you have a question, it's best to start your own topic vs hijacking another's, which is essentially what we've done here. But because it has info relevant to the original question I won't ask a mod to move it to it's own topic, however the OP is quite free to do so.

[Sarah&Marc 22]

Just FYI as well, it can take from a month to 5 or 6 to get a marriage certificate in Canada (depending on the province.) So it may be advantageous to be married in the USA where you can get the marriage certificate same or next day.

He is in Montreal so that will not affect us on ticket/ hotel costs. The 5-6 months for the marriage cert, however, will make the decision for us!

Thank you!!!!

[canadian_wife 1,822]

I think Niki R meant to say it could take a month to 5-6 weeks, but still, that will delay your case substantially

I say stay with the K1

good luck

[bigdog 376]

_{You filed in June, September refilling would only set you back 3 months, but save you a hassle with the AOS part, all I can say is that both of us wish we would have filed as married.}

[NikLR 13,227]

I think Niki R meant to say it could take a month to 5-6 weeks, but still, that will delay your case substantially

I say stay with the K1

good luck

Someone mentioned it took them 6 months to get their Ontario marriage certificate because of a mess up... But I think that's rare and it was Ontario. Not everywhere in Canada is that slow obviously. My BC marriage certificate took a month. My friend in Alberta took much longer (about 4 total I think) because the AB govt lost her marriage registration form. Good thing my mom had a copy of the original! But everything needed to be signed again and mailed before my friend could get the certificate. (AB is strange that way, they don't send you a certificate, you have to order it after you register the marriage.)

HOWEVER, you can always hop across the border, get married in the USA and have the marriage certificate THAT DAY.

[NikLR 13,227]

I just looked and you have to wait 20 days between getting the marriage licence and getting married in Quebec...

http://www.justice.gouv.qc.ca/english/publications/generale/maria-a.htm

[NikLR 13,227]

But like I said, many places in the USA will give you the certificate same day. You can always hold a big wedding at a later date!

I'm very happy we did the CR1 visa. I have my green card and SSN in hand! I can go work, travel out of country, get a driver's licence... Going fishing tomorrow!