What is the best way K-1 OR Other?

[C&BJax13 0]

Gentlefolks,

Hello!!

I have not been on the forum in some time, so forgive me if this question was asked before....

My fiancee lives and works in Canada,she is a legal permanent resident there. I am a USC living and working in the US....

We are thinking of having my fiancee relocate and move to the US.

Is it best to have me fly to Ca and have us wed there,then apply for her after?( Not sure if that is legal or not??)

Or the K-1 approach?

I notice the processing times are just about the same..Just was more curious about the paperwork involved and legality???

Appreciate your assistance....

[SweetOpossum 55]

Gentlefolks,

Hello!!

I have not been on the forum in some time, so forgive me if this question was asked before....

My fiancee lives and works in Canada,she is a legal permanent resident there. I am a USC living and working in the US....

We are thinking of having my fiancee relocate and move to the US.

Is it best to have me fly to Ca and have us wed there,then apply for her after?( Not sure if that is legal or not??)

Or the K-1 approach?

I notice the processing times are just about the same..Just was more curious about the paperwork involved and legality???

Appreciate your assistance....

Hello!

My fiancé and I chose the K1 visa so I can enter the US as a fiancé and get married there, we didn't want to get married in my country and apply for an spouse visa because we don't want to get married and then have to be living apart waiting on an immigration process.

I have a tourist visa, so I have been able to visit him while we wait.

Also, entering as a visitor with the intention of moving in is illegal, from what I 've heard many people get away with it using immigration lawyers, etc. But that doesn't make it right.

Best luck in this journey!

Edited August 27, 2014 by SweetOpossum

[Caryh 5,206]

Gentlefolks,

Hello!!

I have not been on the forum in some time, so forgive me if this question was asked before....

My fiancee lives and works in Canada,she is a legal permanent resident there. I am a USC living and working in the US....

We are thinking of having my fiancee relocate and move to the US.

Is it best to have me fly to Ca and have us wed there,then apply for her after?( Not sure if that is legal or not??)

Or the K-1 approach?

I notice the processing times are just about the same..Just was more curious about the paperwork involved and legality???

Appreciate your assistance....

They both have advantages and disadvantages, so its really up to personal preference. The CR-1 does take longer, than the K-1, but is less expensive over the entire process. The K-1 must rush to get married after entry, and then is not able to work or drive (in most states) until they get at least the EAD or green card (this is during the AOS application which you must do after marriage in the USA on a K-1). This drives some K-1 immigrants who are used to working crazy, and even many that didn't work but are used to their independence. They feel trapped and bored in the home, and totally dependent on their new spouse even to do simple things. The CR-1 gets a green card stamp on entry, and shortly after the SS card and green card arrive.

Yes, it is legal for you to go to Canada and marry here, then return to file for the CR-1 visa.

[KayDeeCee 4,895]

http://www.visajourney.com/content/compare

~ Moved from K-1 Process to What Visa Do I Need - OP still deciding on immigration path | Duplicate topic removed ~

[bluered 0]

I wanted to ask a follow-up question about the content at http://www.visajourney.com/content/compare

The summary table says the K3 takes 10 months and the IR-1/CR-1 take 14 months. But then the descriptive text says 6 and 7 months respectively. Can someone explain the difference? I've heard K3 visas take 6 months from other sources.

[Harpa Timsah 13,258]

I wanted to ask a follow-up question about the content at http://www.visajourney.com/content/compare

The summary table says the K3 takes 10 months and the IR-1/CR-1 take 14 months. But then the descriptive text says 6 and 7 months respectively. Can someone explain the difference? I've heard K3 visas take 6 months from other sources.

The 6 and 7 months refers to the time to get the petition approved, then afterwards there are more steps and time waiting for an interview.

K3 is basically unobtainable now, so ignore that. If it were obtainable it would take 10 months, though.

[Caryh 5,206]

I wanted to ask a follow-up question about the content at http://www.visajourney.com/content/compare

The summary table says the K3 takes 10 months and the IR-1/CR-1 take 14 months. But then the descriptive text says 6 and 7 months respectively. Can someone explain the difference? I've heard K3 visas take 6 months from other sources.

Also those time periods are averages over time. Depending on current case load, which service center your petition will be sent to, and how busy your embassy is, the time can vary wildly.

[bluered 0]

Ok. At which time can the spouse first come into the US then, is that only after the visa is granted (6 or 14 months respectively) or could they come after the petition is approved?

I am looking at doing this process in the Philippines.

[Caryh 5,206]

Ok. At which time can the spouse first come into the US then, is that only after the visa is granted (6 or 14 months respectively) or could they come after the petition is approved?

I am looking at doing this process in the Philippines.

They need a valid visa in hand to come to the USA from the Philippines. Show up waving a petition, even an approved petition, and they'll send you back. Besides the Philippines won't let them leave for the USA without a visa AND a CFO stamp.

[bluered 0]

I haven't heard about the CFO stamp. Thanks for the information.

[Chuksteddylove 22]

The 6 and 7 months refers to the time to get the petition approved, then afterwards there are more steps and time waiting for an interview.

K3 is basically unobtainable now, so ignore that. If it were obtainable it would take 10 months, though.

What do you mean by "basically unobtainable"? I have seen a K3 post here.

[Ryan H 3,819]

What do you mean by "basically unobtainable"? I have seen a K3 post here.

A combination of current USCIS and State Department procedures have rendered it that way, I'll outline them below:

• USCIS began tying the two petitions together in 2006, a decision on both usually comes at the same time and they are usually sent to the NVC at the same time.
• In 2010, the State Department implemented the policy of administratively closing the K3 if an approved I-130 is on-station.

Vary rarely will a K3 survive the NVC; even it if does make through to the Embassy or Consulate, the I-130 may ultimately make it to the NVC. If the Embassy/Consulate gets wind of an approved I-130 at the NVC, then an approved I-130 is on-station and the Embassy/Consulate will close the K3. This happened to a VJ member last year who had a K3 interview scheduled only to have it canceled and the member told to follow the CR-1 steps.