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pudgypandas

Unsure of which Visa to get? can't decide between k-1 and k-3

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

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pudgypandas Explorer

pudgypandas   0

Posted
Filed: AOS (pnd) Country: Canada
 Timeline
Posted

Hi,

My SO and I want to get married. He is Canadian and is currently staying with me in the states for 6 months. It's nearing the end of his time for staying here, and we have been talking about getting married. We were looking into visas, and we originally were going to go with the k-1 visa, and he'd have to go back to Canada while we waited for it to go through. This is all very new to me so I'm unsure of all the rules. I read the sticky saying that when you are waiting for your pending k-1 visa, you can still visit, but can they stay for a while? what is the largest amount of time they can legally stay?

Another option were were thinking about was just going to a court house and getting legally married. If we did that and we applied for the k-3 visa after, does he still have to go back to Canada while we are waiting on that visa to go through?

What is the best option, preferably one where he doesn't have to go back?

Thanks!

April 27th, 2016: Sent AOS packet [Day 0]


May 5th: NOA1 [Day 8]


May 13th: Biometrics Letter [Day 16]


May 27th: Biometrics Appointment [Day 30]


June 6th: RFE notification for I-485 [Day 40- PAUSED]


June 15th: Accepted RFE response [Day 41]


June 27th: Case is ready for interview!!! [Day 53]


July 13th: 75 days waiting for EAD


July 23rd: EAD/i-131 processing/approved!

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Mykonos Explorer

Mykonos   10

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

I'm nearing the end of the K-1 process and it really hasn't been too long. We submitted our petition Late August and my interview is Dec 15. I'm not sure about K-3 visas, I dont think they're given out that often anymore. It's more likely you'd have to do IR-1/CR-1 (I forget which) if you chose to get married first, and that can take up to a year I think, and I believe he will have to stay in Canada though I'm not exactly sure

ROC Timeline

I-751 package sent------------------June 15, 2018

Received------------------------------June 18, 2018

NOA date-----------------------------June 28, 2018

Biometrics----------------------------June 12, 2019

Approved-----------------------------June 13, 2019

Care Received------------------------????

 

AOS Timeline

Spoiler

 

AOS/EAD/AP package sent------------------April 22, 2016

Received--------------------------------------April 25, 2016 [Day 0]

NOA date-------------------------------------April 29, 2016 [Day 4]

Service Request------------------------------May 27, 2016 [Day 32]

Biometrics Letter Received------------------June 11, 2016 [Day 47]

Biometrics Appointment---------------------June 24, 2016 [Day 60]

Service request for EAD/AP-----------------July 8, 2016 [Day 74]

AP approved----------------------------------July 16, 2016 [Day 82]

EAD card being produced--------------------July 16,2016 [Day 82]

EAD card mailed------------------------------July 21, 2016 [Day 87]

EAD/AP combo card received----------------July 25, 2016 [Day 91]

Interview Scheduled-------------------------August 2, 2016[Day 199]

Interview--------------------------------------September 2, 2016 (Approved)

Card received----------------------------------September 26, 2016

 

K1 Visa Timeline

Spoiler

 

107 days from I-129F to Approval

I-129F sent------------------Aug 31, 2015

NOA1 (E-notification)-------Sept 4, 2015

NOA2 (E-notification)-------Oct 1, 2015

NVC received-----------------Oct 27, 2015

Consulate received----------Oct 30, 2015

Interview---------------------Dec 15, 2015 - Approved!!

Visa Issued-------------------Dec 30, 2015

Visa Received----------------Jan 4, 2015

POE----------------------------Feb 17, 2016

Wedding----------------------April 9, 2016

 

 

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Elf Collaborator

Elf   146

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

- Moved from K-1 Process to What Visa Do I Need -

- OP is considering the various possible immigrant visa options for her future spouse -

*Organizer hat off*

The K-3 visa is virtually obsolete. Your options are for him to return to Canada while you file for a K-1 fiance visa, for the two of you to get married then have him to return to Canada while you file for a CR-1 spousal visa, or for the two of you to get married and have him remain in the US and adjust status. There are advantages and disadvantages to each option, you can find a comparison of the K-1 and CR-1 paths here.

The biggest disadvantage of the Adjustment of Status route is that he will be unable either to leave the US or to work until he receives his EAD and Advance Parole, which can take up to three months after submitting the AOS application. (If he is currently here on an employment-based visa, he would be able to continue working within the terms of that visa until it expired).

You might want to read some posts in the various forums to get an idea of what other people's experiences have been with each route:

CR-1 spousal visas

Adjustment of Status from Work, Student and Tourist Visas

Canada regional subforum

Eighteen years in the US and I still don't understand Velveeta, TV ads for prescription drugs, only getting 2 weeks paid vacation, or why anyone believes anything they see on Fox "News".

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NikLR Grand Master

NikLR   13,227

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

Visiting is possible from the CR1 and the K1 but length of stay and ability to stay depends on a person's ties to their home country.

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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Anh map Grand Master

Anh map   2,098

Posted
Filed: IR-1/CR-1 Visa Country: Vietnam
 Timeline
Posted

Organizer hat????? :rofl::rofl::rofl::rofl:

Marrying and filing for the spouse visa (CR1) is the better way. Then when he enters with the visa he is work authorized and you don't have to go through the adjsutment of status right away as you would with a K1 visa. Then it would be the removal of conditions 2 years later compared with the K1 marry within 90 days, Adjust status after marry ($1000+) to get the green card, and removal of conditions 2 years later.

Going home is still what he ought to do. Do some reading to choose your path and understand the pros and cons of each choice.

I-864 Affidavit of Support FAQ -->> https://travel.state.gov/content/visas/en/immigrate/immigrant-process/documents/support/i-864-frequently-asked-questions.html

FOREIGN INCOME REPORTING & TAX FILING -->> https://www.irs.gov/publications/p54/ch01.html#en_US_2015_publink100047318

CALL THIS NUMBER TO ORDER IRS TAX TRANSCRIPTS >> 800-908-9946

PLEASE READ THE GUIDES -->> Link to Visa Journey Guides

MULTI ENTRY SPOUSE VISA TO VN -->>Link to Visa Exemption for Vietnamese Residents Overseas & Their Spouses

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Elf Collaborator

Elf   146

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

Heh. Okay, sorry. I try to make it as clear as possible that my posts are just from me as a regular VJ member, and don't carry any more authority than anyone else's.

Eighteen years in the US and I still don't understand Velveeta, TV ads for prescription drugs, only getting 2 weeks paid vacation, or why anyone believes anything they see on Fox "News".

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NikLR Grand Master

NikLR   13,227

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

Lol considering anh map has been here since 2006, they've heard the term before I'm sure.

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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Boiler Grand Master

Boiler   45,543

Posted
Filed: K-1 Visa Country: Wales
 Timeline
  • Popular Post
Posted

Completely hatless

Marry and adjust in country.

“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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Elf Collaborator

Elf   146

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

Completely hatless

You can have hatless. I'd rather be legless :jest:

Eighteen years in the US and I still don't understand Velveeta, TV ads for prescription drugs, only getting 2 weeks paid vacation, or why anyone believes anything they see on Fox "News".

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pudgypandas Explorer

pudgypandas   0

Posted
Filed: AOS (pnd) Country: Canada
 Timeline
  • Author
Posted

He doesn't need a visa, he's already there with you in the US. Get married in the courthouse and file for AOS

http://www.visajourney.com/content/i130guide2

Is that technically fraud? I heard mixed things about that.

April 27th, 2016: Sent AOS packet [Day 0]


May 5th: NOA1 [Day 8]


May 13th: Biometrics Letter [Day 16]


May 27th: Biometrics Appointment [Day 30]


June 6th: RFE notification for I-485 [Day 40- PAUSED]


June 15th: Accepted RFE response [Day 41]


June 27th: Case is ready for interview!!! [Day 53]


July 13th: 75 days waiting for EAD


July 23rd: EAD/i-131 processing/approved!

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Boiler Grand Master

Boiler   45,543

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

No

“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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