Questions about K3 and CR1 - while processing

[simistar 2]

Hi VJers,

I am confused. Sigh. And hoping you can be of help:-)

After exhaustive searches on here and elsewhere my brain is mush and I haven't found the answers I need:-)

A few years ago I went through the process of getting a green card, CRI via DCF (with LOTS of help from you guys!). At the time, both my husband (the USC) and myself were living in Canada. We moved to the States, then moved back and I handed over my GC etc etc etc.

NOW, my husband is being transferred to the States for work (last time it was our decision, now it's a work thing).

This time round I'm thinking what visa we file for and/or how we file for it will be different.

First of all, my husband will be moving to the States ahead of me. He has to be there pronto for work, I will need to stay and deal with packing and selling house etc. We also have a two-year-old son now. (Not sure how/what/if this impacts anything?)

Soooo... is a K3 or CR1 better...?

Does one of them allow for me to be in the States while the paperwork is being processed?

That is, since he is the USC and will be IN the States when we file, does it make a difference which visa we apply for?

What I've read is confusing...sounds like MAYBE I can go to States sooner with a K3 and wait out paperwork while there?

Thank you in advance for any help!

[christeen 966]

You file the CR/IR1 ... You can file for the K3 at no cost after the I-130 is filed, but the k3 is a nearly obsolete visa. You may visit the USA and your husband according to current laws (6 months I believe) but you need to be prepared to show why you will return to Canada and not stay and AOs as they could deny you.. Good luck.

[simistar 2]

You file the CR/IR1 ... You can file for the K3 at no cost after the I-130 is filed, but the k3 is a nearly obsolete visa. You may visit the USA and your husband according to current laws (6 months I believe) but you need to be prepared to show why you will return to Canada and not stay and AOs as they could deny you.. Good luck.

Thank you!

CR1 it will be:-)

Husband (who is the USC and will be in the States) can file that from in the U.S.....yes?

Or is it better for him to file outside U.S. in terms of processing times...? Anyone know?;-)

I do know I can visit...I guess I'm not sure for how long (everywhere seems to have conflicting times...some say 6 months, some 3 months?) - I guess I'm wondering if I can just go and stay there with him while all the paperwork is done... and not ahve to come back...but I guess thats' wishful thinking? (assuming I would have at the very least, to come back for interview?)

Thank you for all your help!

[NikLR 13,227]

The processing is not like Canadian processing. It is not dependent on the country or if you file from inside or outside the country. It is the same around the board.

Your husband should file asap as the quicker it's done, the faster you can move.

As a Canadian you can visit for up to 180 days per year. Granted it doesn't really say that anywhere, except that we're granted the equivalent of a B2 visa without the need to apply for one. 90 days would be for a VWP country, which Canada is not.

The likelihood of a non-working person being granted a 180 day stay is slim. Also it's important to remember that you lose your Canadian health benefits if you leave a province for more than 183 days a year. You husband, if he lives in Canada, can move his stuff but you are not supposed to move your items until after you obtain the visa. You have 10 years to move items duty free (except a car... the rules are different for cars.)

Also you'll be getting and IR1, because it looks like you did this journey already, and have been married longer than 2 years.