US Citizen here, married to a Canadian. I'm here, she's not. What should I file?

[PeaMealBacon 12]

Hello everyone,

Been a member for about 7 months, posted here once and got attacked from all sides for some reason.

I got married to the love of my life back in March 2013; I moved back to the US and took a great job and I'm making plenty to support the two of us. I was on a NAFTA treaty visa working for a Canadian company, but that company sucked my will to live after 2 years of hell. Now I'm back in Florida working for an awesome company, and we want to officially get her a visa and get her down here for good.

My wife does not work (I work the full time job because I have an established career, my wife makes jewelry and crafty awesome stuff that makes her happy), and we spent a few months here together once I left my Canadian job and took the US job. I make more than the required amount to support a spouse here in the US per the immigration guidelines. Now I just want to make sure that I file the right forms and get my process started.

I am getting ready to file the I-130 and start the K-3 process started. Is this the right way to go? The main thing is... once the I-130 is filed and approved, can she come back here to live? We were here together for about 4 months as she's allowed the 6 months for being Canadian, but we decided that she was going to head back for a month or two in order to not overstay. Right now, she's living with her mom and stepdad while I get all of the paperwork together. We've been together for a year and a half, lived together and had the exact same financial situation in Canada as we do now (I was making the better full-time income, and we bank together).

Anyone have any suggestions as to which is the best direction? I know everyone here has someone they're waiting on, hopefully my situation can assist others in speeding up their wait times in any way.

Thanks to everyone!

Jim

[Harpa Timsah 13,258]

Follow this guide: http://www.visajourney.com/content/i130guide1

The K-3 visa is dead so you will be pursuing the CR/IR-1. The explanation that says you can live in the US while it is processed is wrong and misleading anyway. For many years, the CR-1 and K-3 were being processed in the same amount of time, so the K-3 was no longer beneficial. As such if the National Visa Center gets the paperwork for a K-3 they will close one of the parts and turn it into a CR-1.

Your wife can come visit you but she cannot come to live with you until the visa is approved.

The sooner you start the sooner she can live here.

[PeaMealBacon 12]

Why do you say the K3 visa is "dead?" Is there any backup for that comment? I'm just curious, as that's exactly what we've been told to file outside the forum.

According to USCIS, It's not dead:

http://www.uscis.gov/portal/site/uscis/menuitem.eb1d4c2a3e5b9ac89243c6a7543f6d1a/?vgnextoid=254a3e4d77d73210VgnVCM100000082ca60aRCRD&vgnextchannel=254a3e4d77d73210VgnVCM100000082ca60aRCRD

Edited October 6, 2013 by JimOnLight

[PeaMealBacon 12]

Should I not just have my wife come back to the US and file a status change from here? Are there any negative ramifications for doing this?

[Harpa Timsah 13,258]

Should I not just have my wife come back to the US and file a status change from here? Are there any negative ramifications for doing this?

You cannot do that because it is illegal. I suspect discussing this is why you got flak last time.

As for the K-3, NVC will close the I-129F and turn your file into a CR-1. K-3 hasn't been obtainable, 99.9% of the time, for a few years. Anyone who tells you to file one doesn't know what they are talking about. There is a link to the announcement somewhere on this site; you can find it. USCIS still discusses it, but DOS will cancel it. Two agencies fighting, DOS has the final say.

[PeaMealBacon 12]

Nope, actually I got flak last time because my wife doesn't work and people don't appreciate a decision between two consenting adults.

This is the first I'm hearing of a K3 not being valid. I'm not sure what to think now.

[Harpa Timsah 13,258]

Nope, actually I got flak last time because my wife doesn't work and people don't appreciate a decision between two consenting adults.

This is the first I'm hearing of a K3 not being valid. I'm not sure what to think now.

Oh, well I don't know what that's about.

A K-3 was invented when I-130 petitions took many years to approve. Now they take the same amount of time as the "K-3" petition, so it doesn't make a difference. Bonus is that CR-1 is cheaper.

When a K-3 was available, it took just as long as a CR-1 takes now. Make sense? It renders the point of the K-3 useless.

[NikLR 13,227]

Remember the USCIS does petitions and the NVC does visas. So while the USCIS says the K3 is a viable option, it only approves petitions. I've written some interesting stats on here about K3 visas if you care to search for them. Basically you can do it if you want, but they're so rarely given that unless you enjoy paperwork, it's really a waste of time. Plus they're twice as expensive. A CR1/IR1 gives an immediate green card while a K3 visa holder must still adjust their status.

Just do the I-130 which starts the CR1 route and continue from there!

[canuckbos 10]

Hello everyone,

Been a member for about 7 months, posted here once and got attacked from all sides for some reason.

I got married to the love of my life back in March 2013; I moved back to the US and took a great job and I'm making plenty to support the two of us. I was on a NAFTA treaty visa working for a Canadian company, but that company sucked my will to live after 2 years of hell. Now I'm back in Florida working for an awesome company, and we want to officially get her a visa and get her down here for good.

My wife does not work (I work the full time job because I have an established career, my wife makes jewelry and crafty awesome stuff that makes her happy), and we spent a few months here together once I left my Canadian job and took the US job. I make more than the required amount to support a spouse here in the US per the immigration guidelines. Now I just want to make sure that I file the right forms and get my process started.

I am getting ready to file the I-130 and start the K-3 process started. Is this the right way to go? The main thing is... once the I-130 is filed and approved, can she come back here to live? We were here together for about 4 months as she's allowed the 6 months for being Canadian, but we decided that she was going to head back for a month or two in order to not overstay. Right now, she's living with her mom and stepdad while I get all of the paperwork together. We've been together for a year and a half, lived together and had the exact same financial situation in Canada as we do now (I was making the better full-time income, and we bank together).

Anyone have any suggestions as to which is the best direction? I know everyone here has someone they're waiting on, hopefully my situation can assist others in speeding up their wait times in any way.

Thanks to everyone!

Jim

You need a CR1, I suggest you look for Saylin's Guide that she has posted here on VJ.

Here's the link:

http://www.visajourney.com/forums/user/90397-saylin/

Read it and follow the steps and you will get what you want as quickly as possible.

She's the guru around here.

Good luck!