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dradbrown

Overwhelmed......

By dradbrown in What Visa Do I Need - Family Based Immigration

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dradbrown Newbie

dradbrown   0

Posted
Filed: K-3 Visa Country: Canada
 Timeline
Posted

Hi everyone,

I am in need of some help--or at least pointing in the right direction. I am an American citizen and have been living in Canada since 2005 as a permament resident. My same-sex spouse and I were married in October of 2013. I work in Canada as a sociology professor but have recently accepted a position in New Haven at a university there. My Canadian position ends on June 30, 2015 and my new position starts in August, 2015. I find the USCIS complicated--and this miggle can't get my head around the process.

My thoughts:

If we apply for a K-3 visa for him, it will at least allow him to apply for work authorization while the process unfolds. So in my mind it looks like this:

1. Apply for I-130 on his behalf

2. Get I-797

3. File I-129F

4. Have him apply for K-3

Do we have to go to Montreal for this or can I get any of it done in Halifax? Montreal is so far and I just don't know what steps to consider. We really want to be able to travel together for the August start date for my job, I am just afraid that the timing isn't in our favor.

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Boiler Grand Master

Boiler   45,532

Posted
Filed: K-1 Visa Country: Wales
 Timeline
Posted

K3 is not practical, but IR1 process is detailed in the guides.

Seemingly there is an unofficial expedite for US citizens overseas but August would seem optimistic.

“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

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Ms Hogan Proficient

Ms Hogan   295

Posted
Filed: Citizen (apr) Country: Canada
 Timeline
Posted

K3 is not practical, but IR1 process is detailed in the guides.

Seemingly there is an unofficial expedite for US citizens overseas but August would seem optimistic.

I don't think us Canadians are considered overseas. We're simply over the line! But joking aside, I don't know about this unofficial expedite. It has certainly been said before but there's no way to know for sure, right?

To the OP... you are already married so the realistic timeline is a lot longer than August. It is unlikely that your spouse would be able to move here at that time though he/she should be able to visit. Assuming they are actually Canadian? If they are then they can travel without a visa to visit you in America as long as he/she is able to prove they aren't planning to try to stay at that time other than a visit. Take some time to read the guides so you understand the process. You are going to be sending a I-130 petition as your starting point.

USCIS - 40 DAYS
2012-10-30: FedEx delivered I-130 to Chicago Lockbox Mail Room
2012-11-01: NOA1 by email - MSC
2012-11-02: $420 (x3) debited from our account
2012-11-05: NOA1 hard copies received, Priority Date 2012-10-30
2012-12-11: NOA2

NVC - 26 DAYS
2013-01-02: Rec'd case#, IIN, BIN & OPTIN emails for EP sent
2013-01-03: Submitted DS-261 (x3)
2013-01-07: AOS bills invoiced and paid & OPTIN for EP accepted for each of us
2013-01-08: AOS bills appear as paid & AOS packages sent by email
2013-01-08: IV bill invoiced & paid (kids' only)
2013-01-09: IV bill appears as paid (kids' only)
2013-01-09: IV Package emailed & DS-260 submitted online (kids only)
2013-01-11: AOS received -notified by email
2013-01-11: IV bill invoiced & paid (for me)
2013-01-14: IV bill appears as paid (for me)
2013-01-14: IV Supporting Docs received for kids - notified by email
2013-01-14: IV Package emailed & DS-260 submitted online (me only)
2013-01-18: IV Supporting Docs received for me - notified by email
2013-01-18: Son#1 CASE COMPLETE - Son#2 checklist - saying $ on I-864 don't match tax return (but they do)-resubmitted
2013-01-23: AOS 2nd submission for Son #2 received - notified by email
2013-01-25: My CASE COMPLETE
2013-01-28: ALL 3 OF OUR CASES ARE NOW COMPLETE
2013-02-06: Packet 4 Received by email

MEDICAL ~ CONSULATE ~ POE REMOVAL OF CONDITIONS - 160 DAYS NATURALIZATION
2013-02-13: Medicals 2014-12-17: Delivered to California Lockbox 2015-12-15: Delivered to Phoenix Lockbox
2013-03-06: Interview 2014-12-19: 1 I-751 + 3 Biometrics Fees debited from our account 2015-12-16: Fees charged to Credit Card
2013-03-08: Visas in-hand 2014-12-22: Received NOA1 by mail. Receipt Date: 2014-12-17 2015-12-17: NOA
2013-03-12: Paid USCIS Immigrant Fee 2014-12-24: Received Biometrics Appointment Letter 2016-01-02: Biometrics Letter 2016-01-11: Biometrics
2013-03-14: POE 2015-01-06: Biometrics 2016-02-15: In Line for Interview 2016-02-19: Letter
2013-03-25: SSNs arrived 2015-05-27: Approved 2016-03-22: Interview
2013-04-01: Green Cards arrived 2015-06-03: New Green Cards arrived 2016-04-15: Oath Ceremony

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Boiler Grand Master

Boiler   45,532

Posted
Filed: K-1 Visa Country: Wales
 Timeline
Posted

Overlake?

If you are from the UK everybody is a sea away!

No way of knowing for certain, if it takes less than a year you have been expedited.

My understanding is that Canada has one consulate to process immigrant visas.

“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

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ChicagoSarah Community Regular

ChicagoSarah   127

Posted
Filed: AOS (apr) Country: United Kingdom
 Timeline
Posted

There was another post recently that mentioned that CR-1/IR-1 visas are only done in Montreal. K-1 visas are done in Montreal or Vancouver.

K1 Visa Process AOS Process

Mar 18 2013: I-129F mailed to CSC Nov 15 2013: I-485 with EAD/AP filed at Chicago Lockbox

Sept 19 2013: Interview - Approved!! Jan 25 2014: EAD/AP Card Received

Oct 6 2013: POE - Chicago O'Hare June 2 2014: Permanent Resident Card Received!

Oct 27 2013: Wedding!

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Lemonslice Experienced

Lemonslice   4,853

Posted
Filed: Lift. Cond. (apr) Country: Canada
 Timeline
Posted

What is his profession? Maybe TN (NAFTA work visa) would work for you, just cannot remember if it is possible with an American spouse or not.

http://canada.usembassy.gov/visas/doing-business-in-america/professions-covered-by-nafta.html

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NikLR Grand Master

NikLR   13,227

Posted
Filed: Lift. Cond. (apr) Country: Canada
 Timeline
Posted

Hi everyone,

I am in need of some help--or at least pointing in the right direction. I am an American citizen and have been living in Canada since 2005 as a permament resident. My same-sex spouse and I were married in October of 2013. I work in Canada as a sociology professor but have recently accepted a position in New Haven at a university there. My Canadian position ends on June 30, 2015 and my new position starts in August, 2015. I find the USCIS complicated--and this miggle can't get my head around the process.

My thoughts:

If we apply for a K-3 visa for him, it will at least allow him to apply for work authorization while the process unfolds. So in my mind it looks like this:

1. Apply for I-130 on his behalf

2. Get I-797

3. File I-129F

4. Have him apply for K-3

Do we have to go to Montreal for this or can I get any of it done in Halifax? Montreal is so far and I just don't know what steps to consider. We really want to be able to travel together for the August start date for my job, I am just afraid that the timing isn't in our favor.

Do not bother with the K3. Go ahead to the K3 process and procedure forums to find out why. I've written about it there quite a bit.

He will interview in Montreal. I had to fly from Central Alberta to Montreal. Another VJ member had to fly from Vancouver. That is the only place in Canada that immigrant visas are processed.

The timing really isn't in your favour however he can still visit the USA while the process is ongoing so that is a plus.

I suggest these guides:

http://www.visajourney.com/content/i130guide1

http://www.visajourney.com/wiki/index.php/EZGuideSpouse

You have brains in your head. You have feet in your shoes. You can steer yourself any direction you choose.  - Dr. Seuss

 

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