Which visa would be best for our situation?

[baysbaw 8]

My Canadian fiance and I have had a child together recently who was born in Canada. I am a United States Citizen and our desire is to live together in the United States.

She has always had issues coming to visit. (no strong ties to Canada) would this also factor in and cause problems?

We are new to the immigration process and need to be pointed in the right direction.

We are trying to decide between filing for a K-1 or K-3 visa.

Is the approval rate different between the two?

Does it make a difference that we have a baby together?

Problems traveling back and forth between Canada and the US?

We just want to get something started. Any info would be advice would be appreciated.

Thanks!

[Pitaya 2,577]

~Moved from General Immigration-Related Discussion to What Visa Do I Need Forum~

[NikLR 13,227]

First get a CRBA for the child then go through the pros and cons of the K1 and the CR1 (location may be a concern here as CR1 interviews are only done in Montreal while K1 are done in Vancouver and Montreal) and decide which is best for you two as a couple and as a family.

I went the CR1 route, it was better for me.

Others do the K1 route it's better for them.

I've seen 1 Canadian K3 make it through the Vancouver consulate in the 3 years I've been on this website.

K3 is rare and bascially obsolete. It's more expensive and is an inferior visa. At the time the people were already married, had 3 children (including a baby) and wanted to try for the k3 because they lived in Vancouver.

[MichelleNGeorge 10]

It depends on what you want.

If you wan't to be with your fiance as SOON as possible -> K1 (took us like 4 months) But once married in the US, you'll need to adjust status and it takes 6-12 months to get the GC.

If you don't mind waiting some longer -> K3 (takes an average of a year) But then you won't need to adjust status anymore (please correct me if i'm wrong.)

K1 is for fiance only, while K3 is for your spouse. So if you want a K3 visa, you guys have to get married in canada prior to applying for the K3. Coming to the US with the intention to get married WITHOUT the K1 is considered fraud. So you don't wanna do that

Sooo it all depends on what YOU want.

[NigeriaorBust 4,087]

You are a little wrong, K3 is the married flavor of K1 and requires adjustment of status and more money and waiting The visa for married folks is a CR1 . K3 was created when CR1 visas took several years to get and it is rare that you see one issued ( maybe 10 a year from all the people on here ) The CR1 takes about a year and you can work immediately if that is important to her.

[MichelleNGeorge 10]

You are a little wrong, K3 is the married flavor of K1 and requires adjustment of status and more money and waiting The visa for married folks is a CR1 . K3 was created when CR1 visas took several years to get and it is rare that you see one issued ( maybe 10 a year from all the people on here ) The CR1 takes about a year and you can work immediately if that is important to her.

Ohh, see! Thank you for the correction, something learned again Thats why I've never seen anyone applying for a K3!

[baysbaw 8]

Thank you everyone for the quick responses!

We are a little confused about the CRBA. Both of our names are on baby's birth certificate and she shares our last names in her last name. We also got her a passport shortly after she was born.

Will that be adequate proof or do we need other documents? Also how will that affect her now living in Canada with her Canadian citizenship? Does applying for a CRBA change her citizenship to US right away?

Our idea based on information gleamed thus far is to apply for the K1 visa and get married in the US.

There is just so much to this and we are feeling overwhelmed. Any help is appreciated.

[NikLR 13,227]

CRBA is important so that she has her US citizenship and you can get her a US passport. Her Canadian citizenship will not be affected.

Do you live in the USA or Canada?

http://travel.state.gov/content/passports/english/abroad/events-and-records/birth.html

http://www.visajourney.com/forums/forum/154-consular-reports-of-birth-abroad-crba/

[baysbaw 8]

CRBA is important so that she has her US citizenship and you can get her a US passport. Her Canadian citizenship will not be affected.

Do you live in the USA or Canada?

http://travel.state.gov/content/passports/english/abroad/events-and-records/birth.html

http://www.visajourney.com/forums/forum/154-consular-reports-of-birth-abroad-crba/

I (dad) live in the USA. Mom lives in Canada with the baby.

She would then have dual citizenship after a CRBA?

Would she be free to travel back and forth with Mom and I to visit family in Canada once she is in the USA?

This is also a concern for Mom being able to visit Canada.

[NikLR 13,227]

I (dad) live in the USA. Mom lives in Canada with the baby.

She would then have dual citizenship after a CRBA?

Would she be free to travel back and forth with Mom and I to visit family in Canada once she is in the USA?

This is also a concern for Mom being able to visit Canada.

Yes your child would have dual citizenship. She can travel back and forth with one or both of you easily and can live in either country for the rest of her life.

If just one parent travels with the child it is best to have a notarized letter of consent from the non-travelling parent.

Keep in mind that if you do a K1 visa, your fiancée will not be able to travel for about 90 days after you guys send the AOS.

[baysbaw 8]

We're leaning towards the marriage visa at this point. One question that we have about it pertains to the timing.

Assuming everything goes correctly and she is approved to come to the US after getting married and filing, is there a time constriction on when she has to come to the US?

EDIT: wording.

Edited February 4, 2015 by baysbaw

[NikLR 13,227]

She has 6 months from the medical date after visa approval.