Skip k visa and file i-485

[canadianmeghan 1]

Hi there,
I am a Canadian married to USC, we married in Canada (April) moved to Mexico for the winter, and plan to go to Minnesota Feb/14. Am starting my GC application process now.

I am confused about the need for the K visa, or if I can skip that process, enter the US without it and just apply using the i-485? Is there a benefit to the K visa that I am missing? Is it just to be able to enter the US? Or does it speed up the process for me to be able to get a job?

I guess I had a lot of questions .. so much info to take in!

Thanks in advance for any advice!

[altonbebe 48]

You cannot use K-1 visa petition since you are already married. You will have to CR-1 visa.

You cannot use K-1 visa petition since you are already married. You will have to CR-1 visa.

[Lainie B 465]

Because you cannot enter as a visitor with the intention of migrating. You need to enter on an immigrant visa (the CR-1 in your case).

[canadianmeghan 1]

Right, and am I allowed to go to the US with him while we wait for it to process? What about a K-3 visa?

[Penguin_ie 5,995]

*** Moving from K1 fiance visa to Which Visa Do I need forum ****

The advantage to the CR-1 visa is that it is legal; it is immigration fraud to use your priviledges as a Canadian to travel to the USA without a visa (or with a tourist visa) with the intent of immigrating. You can visit your husband in the USA during the process (it will take most of a year to get the visa), but you cannot live there, nor work etc.

[NigeriaorBust 4,087]

You can visit as a Canadian if you can show strong ties to your home country and non immigrant intent. The CR1 takes about a year to get,

[canadianmeghan 1]

Am I able to visit for months at a time? If I have a job to go back to, and have evidence I am able to support myself while I am there?

Is there any way to avoid being apart during to the process?

[canadianmeghan 1]

How can I show non immigrant intent, if i have already filed to become an immigrant?

[NigeriaorBust 4,087]

That is the catch You can bring a letter from your employer, show ownership of a house, regristration for schooling

[lost_at_sea 995]

You're not going to be able to move to MN as a couple in Feb of 2014.

You need to follow this process and get started on it ASAP: http://www.visajourney.com/content/i130guide1

You'll be able to visit your husband during the process, as Penguin says. You should just make sure you travel with strong ties to Canada (job, house lease etc.) to show that you're going back after your visits. Many couples on VJ are doing this process and visit without issue.

[canadianmeghan 1]

Thank you ..

I am little confused with the Conditional Residency, I thought I read that if you go the CR-1 route you do not have to pay the fee to remove the conditions .. was this information incorrect?

Also since I am doing the CR-1 instead of the K-3 I do not have to file form I-29F correct?

Sorry for all the questions .. seems like once I think i know what I am doing a hundred other questions pop up.

So thank you!!

[lost_at_sea 995]

Thank you ..

I am little confused with the Conditional Residency, I thought I read that if you go the CR-1 route you do not have to pay the fee to remove the conditions .. was this information incorrect?

Also since I am doing the CR-1 instead of the K-3 I do not have to file form I-29F correct?

Sorry for all the questions .. seems like once I think i know what I am doing a hundred other questions pop up.

So thank you!!

I think you may still be a little confused about the order of things.

You must file the I-130 first. That's for the CR-1 (or IR-1 if you've been married 2 years by the time you enter the USA). With the receipt for the I-130, you can file the I-129f for K3. Whichever gets approved first, you follow through with. I haven't seen anyone on VJ get a K3, so it doesn't seem to me that that ever happens ahead of IR/CR-1 anymore, but you can file it if you want. The instructions for that are here: http://www.visajourney.com/content/k3guide

If you enter the US before 2 years of marriage on a CR-1, you'll do Removal of Conditions before your 2 year entry anniversary to get your 10 year green card (there's a guide for that too). If you enter as an IR-1 (2 years+ of marriage), you don't have to do removal of conditions and you get the 10 year green card right off the bat.

Edited December 3, 2013 by lost_at_sea

[NikLR 13,231]

As a Canadian beneficiary I highly suggest you read this: http://www.visajourney.com/wiki/index.php/NVC_for_Montreal_Beneficiaries_%E2%80%93_Electronic_Processing_and_New_Online_Forms

Also I suggest not bothering trying for the K3 as it is not granted continued past the USCIS stages 99% of the time. Just follow the CR1 guide as it's half the price and you get the green card immediately. This means you'll be able to travel and work immediately. You'll have your interview in Montreal, if you move back to Canada, when you get through the NVC stage.

btw

So no, you will not be able to move to Minnesota in Feb. You will have to wait to be granted the visa after a medical and interview in whatever country you are legally residing in that is not the USA. It doesn't sound like you're doing anything but visiting Mexico so you'd likely have to go back to Canada for the interview. If you've just sent of the petition now, it'll take up to a year or 18 months before you are able to move to the USA legally.

Edited December 4, 2013 by NLR

[canadianmeghan 1]

I am afraid this has just confused me more, once I file the CR-1 (I-130) I then decide either the K-3 route, or the I-485?
Also, if I file the (I-130) and our second anniversary passes before I receive my card I automatically receive IR-1?

Thanks

[lost_at_sea 995]

I am afraid this has just confused me more, once I file the CR-1 (I-130) I then decide either the K-3 route, or the I-485?

Also, if I file the (I-130) and our second anniversary passes before I receive my card I automatically receive IR-1?

Thanks

The I-485 never comes into it for the CR-1/IR-1. That's for people adjusting their status from another type of visa INSIDE the USA. You'd use the I-485 if you managed to get a K3, but 99% of the time, people never get that. I think that's just confusing matters, so just ignore it. This is what you'll do:

The USC files the I-130 petition.

It'll get approved.

Your case'll go to NVC and then the foreign spouse applies for the visa in Canada. Once issued, they get to go to the USA as an immigrant - they get a green card as soon as you go through the border. Voila!

If it's before your 2 year anniversary, it'll be assumed it's a CR-1 (and that's what the visa will say) but if you enter the USA after your 2 year anniversary (or you're submitting your visa applications forms after 2 years), you can have it be an IR-1 when you enter the USA (you just tell the border officer & show your marriage cert, and he'll make sure the form is corrected).

Since you were just married this year, it's unlikely this is going to take as long as til your second wedding anniversary, so just assume you'll get the CR-1 (and 2 year conditional GC, which you'll remove conditions on before it expires).

Basically, you're just following this guide: http://www.visajourney.com/content/i130guide1

The I-129f and K3 is 100% optional, and as NLR says, 99% never completed so you just might not want to bother.

Edited December 4, 2013 by lost_at_sea