Help needed on K1 versus K3

[sly_wolf 199]

Hi. I have read all the info on K1 versus K3 and I am still unsure about the best approach for our situation. I would appreciate some advice.

I am Canadian (living and working in Canada) and my partner is a US citizen. We have know each other for 4 years. 3 years ago I purchased a house in th US and my girlfriend has lived in that house since then. I travel to the US every weekend and during vacations. Our relationship is solid and our commmitment to each other is permanent. Considering our circumstances, what is our best course of action ... K1 or K3? Our biggest concern is time apart. We are looking for the the quickest and smoothest option, if there is one. Also would using a lawyer be quicker? Any additional advice would be greatly appreciated.

Thanks

Steve

[payxibka 10,047]

Hi. I have read all the info on K1 versus K3 and I am still unsure about the best approach for our situation. I would appreciate some advice.

I am Canadian (living and working in Canada) and my partner is a US citizen. We have know each other for 4 years. 3 years ago I purchased a house in th US and my girlfriend has lived in that house since then. I travel to the US every weekend and during vacations. Our relationship is solid and our commmitment to each other is permanent. Considering our circumstances, what is our best course of action ... K1 or K3? Our biggest concern is time apart. We are looking for the the quickest and smoothest option, if there is one. Also would using a lawyer be quicker? Any additional advice would be greatly appreciated.

Thanks

Steve

You need to review other USC's who have Canadian SO's to determine time. With that said, Visa approval and quick are oxymorons and cannot exist in the same sentence..... Welcome to the land of the journey to immigration.

[sly_wolf 199]

Would using an immigration lawyer improve the process or would I just be waisting my money?

Unfortunatley, my experience always tells me that if things can go wrong ... that they will. I am just trying to avoid those scenarios that I always manage to fall into.

Given our situation I want to make sure that I have taken the apropriate path.

Steve

[Yodrak 7]

Steve,

The circumstances that you present do not bear on the question that you ask. One circumstance that does is this - how soon can you get married? You can start a K1 process today, you can't start a K3 process until after you're married, which gives a K1 a head start.

Retaining an attorney cannot speed up a case that procedes normally and without incident. It can minimize the time required to clean ####### off the walls should some hit a fan. We buy life insurance hoping that we won't need it, and some attornies say that the best cases are the ones where, when the case is over, the client wonders why they needed the attorney.

A consultation with an attorney before starting out, to review the facts of the case and get some understanding and tips, is a good low-cost investment.

Yodrak

Hi. I have read all the info on K1 versus K3 and I am still unsure about the best approach for our situation. I would appreciate some advice.

I am Canadian (living and working in Canada) and my partner is a US citizen. We have know each other for 4 years. 3 years ago I purchased a house in th US and my girlfriend has lived in that house since then. I travel to the US every weekend and during vacations. Our relationship is solid and our commmitment to each other is permanent. Considering our circumstances, what is our best course of action ... K1 or K3? Our biggest concern is time apart. We are looking for the the quickest and smoothest option, if there is one. Also would using a lawyer be quicker? Any additional advice would be greatly appreciated.

Thanks

Steve

Edited December 28, 2006 by Yodrak

[sly_wolf 199]

Ok. Is there any difference on potential time apart between K1 and K3. I guess this is the biggest concern then. Also, are you able to recommend any lawyers?

Steve

[Yodrak 7]

Steve,

In addition to the time difference as to when a case can start, a K3 has another few week penalty in that the I-129f petition cannot be submitted until after an I-130 has first been submitted and the Receipt Notice from USCIS is in hand. Also, is it correct that for a marriage in Canada it can take some time to get one's hand on the marriage certificate?

The AILA has a member attorney locator on their web site. Chose carefully, as you would any other service provider.

Yodrak

Ok. Is there any difference on potential time apart between K1 and K3. I guess this is the biggest concern then. Also, are you able to recommend any lawyers?

Steve

[Autumnchik 6]

Hi,

Every case is different, but just wanted to share my experience. I am American, my fiance is Canadian. I filed the I-129F on 10/2/06. It went through the Vermont Service Center. At this point, we are just waiting for my fiance to have his interview at the consulate in Vancouver on 1/30/07. If everything goes as planned and he gets his visa then, the process will have taken us 4 months. Check out the timelines of others as well in the Canada regional discussion.

Good luck and welcome to VJ

[sly_wolf 199]

Hi. During that time was your fiance restricted from entering the US to visit you?

[payxibka 10,047]

Hi. During that time was your fiance restricted from entering the US to visit you?

Many have tried to enter during the process... Some have succeeded and some have been denied entry. You need to demonstrate strong intent to return to your home country after your visit. However, there appears to not be a single recipe that you can follow to guaranty success. It seems to be a case by case situation.

[sly_wolf 199]

Are you required to volunteer the fact that you have a K1 in process when you enter? Or just if asked the question?

[payxibka 10,047]

Are you required to volunteer the fact that you have a K1 in process when you enter? Or just if asked the question?

In this age of computers it is highly likely that the CBP officer will have that information. Whether it has to be volunteered I am not sure.... If it is asked then the "truthful" answer needs to be given.

[Marilyn. 340]

Are you required to volunteer the fact that you have a K1 in process when you enter? Or just if asked the question?

don't answer questions that they don't ask you.... make sense?

but answer truthfully any question they do ask you....

and don't give out more info then what is asked....

Edited December 29, 2006 by MarilynP

[sly_wolf 199]

Lol, I understand that very well. If you were turned back at the border, does that jeopardize the process?

[Marilyn. 340]

Lol, I understand that very well. If you were turned back at the border, does that jeopardize the process?

a lot of people are denied entry, usually because of not enough ties to their home country.... it doesn't jeopardize the process though.... the question will come up on one of the forms though but just answer it honestly...

Edited December 29, 2006 by MarilynP

[sly_wolf 199]

Based on all of your comments and what I have read it sounds to me that the K1 option is probably best for us. In regards to the affidavit of support am I correct by saying:

I can have more than 1 co-sponser and the co-sponser does not have to be a family member?