Who went the K3 way ?

[Catou1181 0]

Cat, just wanted to say good luck in whatever route you choose...

We just sent in our I-130 recently, and Im pretty sure were going with the K-3..Im still confused..LOL..

Immigration is just so unpredictable as far as timelines.. Just before I started my CANADIAN Immigration process, timelines were averaging about 4 months..I filed and then everything slowed down and it took us 8 months (still not bad)...couples that filed just a few weeks after us, started taking about 11-12 months..

I "try" now not to look at others timelines and get my hopes up.. but that doesnt mean Im not obsessing right now waiting to hear about my I-130 and literally stalking the mailman..LOL ( I so miss Saturday mail delivery!)

again Cat, good luck...will be watching to see what way you decide to go..

Kimmbo*

Confused ? lol tell me about it

I spent my whole day off yesterday reading through the forms (I-130 and I-129f) reading the step-by-step guides as well as all the related forms, printed examples of everything. It was starting to make sense..

From the processing times, I calculated that if we're lucky, we'll be together before Christmas(giong the K3 way). If not, we could be looking at a few extra months, say somewhere in February, which isn't too bad, it would enable us to put money aside and figure out all the little details(medical insurance, cuz I have Crohn's disease, doctors, moving there and preparing for it).

Of course going that way, I wouldn't be able to work right away, but with all that's going on and adapting to a new life in a new country, a few months off won't hurt And my fiance is totally ok with that. And Ive been reading that I might be eligible for EI... so if I am, that's all the better

Thanks for the kind words, I'll follow the progress of your journey as well

Cat

[Flames9_RN 358]

If u go the cr-1 route, ur elgible for EI right away (minus thwe 2 week mandatory waiting time) That is if u have enough workable weeks in Canada. Not sure how EI works if u go the K3 route, as one supposedly can't get an EAD right away with a k3??? We went the K3/cr-2 route just to cover our butts and we were just going to go which ever came up first. I was in no hurry to work,lol as I saved up $$$

[Catou1181 0]

I am holding on to the hope that K3 will be faster for me.

We filed an I 824 to have the I 130 sent to NVC- that alone could take 6 months before it gets moved.

We filed our I 129- I'm still waiting for my NOA 2, hopefully that is coming soon. With my K3- I believe It will be sent to Vancouve, which I hear is quicker at processing that Montreal is.

I don't know. Whatever happens, happens. I am trying not to stress as much as I used to about it all.

Living in Montreal, Id imagine they would send mine to Montreal

is there a fee to file the I-824 ? That's to go the "double" route right ? And if the I-129f is approved first we can just drop the I-130 route.

Im trying not to be confused lol

[Flames9_RN 358]

A few others Vjer's that lived close to MTL, managed to get their K3's transfereed to vancouver, just because Van at this time is faster than Mtl! I belive most gave the excuse they will be working in the Vancouver area.

[MissStacey 1]

The I 824 was $200.00.

It is a form to request that the approved I 130 be sent to the National Visa Centre.

At first I thought we had to file it because I left the US and came to Canada. When Mel finally scanned the approved I 130 and sent it to me, it stated right on the approved form that we would have to file it. It made me a little mad- Mel went for a consult with an Immigration Attorney months ago. The Attorney told him to file an I 824. What I didn't know at the time, he basically just read the approved I 130. He also never told Mel anything about a K3 Visa. That was a waste of time and money.

[misa 2]

Also wanted to add, if you go CR-1, NVC schedules the interviews with Montreal and seems to get them faster than K1s and K3s.

I want to stress that if you file K3, according to the new USCIS policy and what's happened to members here (including me), they will retain your I-130 and filing the I-824 takes a long long time... in fact, I don't think only one person here got their I-824 approved but I don't think the approved I-130 was forwarded to the NVC yet.

It really depends on how soon you want to be together. K3 is more expensive in the long run but faster. To us, it was more important to be reunited than to stay apart. Each month we save with this K3 means the world to us. So if you are able to stay apart longer, go with a CR-1.

[kimmbo 0]

*

Confused ? lol tell me about it

I spent my whole day off yesterday reading through the forms (I-130 and I-129f) reading the step-by-step guides as well as all the related forms, printed examples of everything. It was starting to make sense..

From the processing times, I calculated that if we're lucky, we'll be together before Christmas(giong the K3 way). If not, we could be looking at a few extra months, say somewhere in February, which isn't too bad, it would enable us to put money aside and figure out all the little details(medical insurance, cuz I have Crohn's disease, doctors, moving there and preparing for it).

Of course going that way, I wouldn't be able to work right away, but with all that's going on and adapting to a new life in a new country, a few months off won't hurt And my fiance is totally ok with that. And Ive been reading that I might be eligible for EI... so if I am, that's all the better

Thanks for the kind words, I'll follow the progress of your journey as well

Cat

That sounds like exactly what I did, just kept reading over and over...the step by step guide was very helpful..Im just so happy that I was able to find Visa Journey and everyone has been so great!

We are lucky that we are both together here in Canada...I really feel for everyone that has to go through this process away from their loved ones! I am however so homesick to be with my family and friends, so I too am *hoping* that we will be celebrating Christmas in the US this year...but not getting my hopes up too much.. We also have to use a Joint Sponsor (my mom) so not sure yet if that will cause a bigger delay for us, Ive only seen a few threads about using a joint sponsor so still looking into it..

My husband (Canadian) is really bummed that he wont be able to work for at least 3 months..LOL..hes been working for 32 years, I think he deserves a little break while he gets adjusted to his new life in the US..Weve been basically living off only his income for the past 8 months and just saving mine so that we could prepare for him not being able to work..

forgot to say congrats also on your upcoming wedding!

will be following your journey!

Kimmbo*

[kimmbo 0]

It really depends on how soon you want to be together. K3 is more expensive in the long run but faster. To us, it was more important to be reunited than to stay apart. Each month we save with this K3 means the world to us. So if you are able to stay apart longer, go with a CR-1.

Misa, wanted to say good luck with your interview next week! Will be waiting to see your post when its all over...

Kimmbo*

[misa 2]

Misa, wanted to say good luck with your interview next week! Will be waiting to see your post when its all over...

Thanks! I'll need all the good luck I can get. My stomach churns when I think about it! I'll have my laptop with me so of course I'll be posting that day to let you all know how it goes.

BTW, I looked at your scrapbook gallery and you do some amazing collages! I look at them less as scrapbooks (in the traditional sense when you think of "scrapbooking") but more as artbooks. Very nice!

Edited March 12, 2007 by misa

[Marilyn. 340]

Catou1181 --- you are getting married next week (civil ceremony) -- right?? Just to throw a wrench in the works, have you guys considered a K1 visa? (this is the fiancee visa -- before marriage). The thing is, when you file the I-129 and the I-130, it seems that the USCIS is now retaining the 1-130 at their centers (instead of forwarding on to the NVC) which then forces the decision to go with the K3 and then AOS in the States.

On the other hand, you could file the 1-130 only, and do the CR1 visa. (It seems like the time lines for K3 and CR1 are very similar, and once you have the CR1, that's the green-card -- you don't need to then go home and file for AOS).

You can also hold off on getting married and go for the K1 visa -- K1s are supposed to have the same time frame as K3 -- sometimes they seem to go faster than K3, but that's difficult to determine with certainty. Once you get home with the K1, you go the AOS route.

If I had to do it all over again, and I was determined to be married, I would have filed for the 1-130 only and pursued the CR1 visa. I think if you file both the I-129 and I-130, you will be forced to go with the K3 and then AOS (however, there is a paper you can file -- others know the name of the paper -- to request that your I-130 be sent to the NVC for processing . . .)

Very confusing! Lots of choices!

Best of luck on your journey!

We did look into the K1 and decided it wasn't the way to go for us for various reasons. You say I have to go back home and file for AOS but isn't the K3 to let me stay in the States with my husband and I can file for it while Im still there ? I thought that was the whole purpose of the K3.. Indeed I wouldn't be able to work for a few months, but I also read that I might be able to apply for employment insurance(or unemployment insurance) since I will be quitting my job due to relocation due to marriage once my K3 is approved. I know there's a lot of paperwork, and costs and such, but it seems to be the quickest route to be able to live with my soon to be husband.

I thought it was once I was on the K3, I can apply for AOS, EAD and then SSN... and from there I need to file 90 days before my K3 expires to have my conditional residency removed and be considered a permanent resident(since Ill have been married less than 2 years)

you got the first part right, once you get your K3 and move to the States you can apply for AOS, EAD etc.... but after that you got it a bit wrong...

Once you apply for AOS and get your green card you become a permanent resident.....

if you have been married for over 2 years by that time you will receive a 10 year green card.....

but if you have been married for under 2 years by that time you will get a 2 year conditional green card....

You have to apply to remove the conditions in 2 years from receiving the green card... you can file anywhere between 90 days and the time your green card expires...

if I got this wrong, someone please correct me....

Edited March 12, 2007 by MarilynP

[cdancer 0]

K3 HERE...OUT OF CONVENIENCE AND TIME...WOULDN'T HAVE DONE IT ANY OTHER WAY!

I JUST DIDN'T LIKE THE IDEA OF A K1 VISA TELLING ME I HAD TO GET MARRIED WITHIN A

90 DAYS PERIOD OF ARRIVING INTO THE USA...IT JUST DIDN'T SEEM VERY ROMANTIC TO ME!

[CutienPurg 0]

When we first began all of this visa biz we werent even aware, or at least didnt understand,there was anything other than K-1 and K-3. We too opted for K-3 as compared to K-1 pretty much out of a need for my husband to be able to travel freely and immediately back and forth to Canada. He is leaving behind 2 children and his mother and the idea of him potentially having to wait 3 months or more for AP was unacceptable.

Catou....regarding the k-3 expiry.......if you are in your adjustment period ( the time between applying and interview)and have yet to receive your CR-1 (aka 2 yr greencard) AND your k-3 is about to expire then you would need to file for an extension. That is the only time the expiry date of the k-3 would hold any significance. Once you have obtained your CR-1 the k-3 means nothing to you anymore. The 90 day number you're thinking of is related to the CR-1. 90 days before the 2 years anniversary of receipt of the card you'll want to apply to have the conditions lifted....which will result in your status becoming that of a Legal Permanent Resident (LPR) aka 10 year greencard. Marilyn explained the the marriage being 2 yrs old at the time of the interview thing so no need to reiterate that and like she said ...........if I got this wrong ..someone smack me

[EmilyRugBurn 0]

"I want to stress that if you file K3, according to the new USCIS policy and what's happened to members here (including me), they will retain your I-130 and filing the I-824 takes a long long time... in fact, I don't think only one person here got their I-824 approved but I don't think the approved I-130 was forwarded to the NVC yet."

Yikes, this is the first I've heard of this. What is this new policy and what is an I-824?

Although we have not heard anything about our petition being "retained" (see my signature below), we have had NO movement on the I-130 since the NOA-1, and that was last August.

My plan, all along (to avoid AOS!) was to reside in the US on a K-3 until the I-130 was approved and then return to Montreal for a final interview (i.e. to obtain a 10-yr green card, since we have been married more than 2 years). Is this still possible?!

Thanks for any info you can provide!

[CutienPurg 0]

The I-824 is a form to request further action on an approved petition. The cost of filing the form is $200.00.

Now! That being said , I don't think there is any guarantee that your I-130 will for sure be retained since it wasn't processed at the same time in the same place ( service center) as your I-129F. It seems to me that ever since they began processing both petitions simultaneously at the same center, that's what lead to the retention of the I-130's........in an effort to reduce paperwork and/or risk of files being lost. Again, just because the 2 petitions were not processed together is no guarantee the I-130 will be forwarded either. It seems to be a wait and see kind of deal.

If your I-130 does happen to be retained and you want to pursue the CR-1 at Montreal you will need to file the I-824 and the processing of that form can take several months ( there is a thread with time-lines somewhere) My personal opinion is the I-824 is a waste of time and money. For me the biggest concern is the amount of people who have been stuck in FBI name checks during AOS but when that's compared side by side with the amount of time it takes to process the I-824 , plus NVC processing, plus Montreal being slow is scheduling........who can say what's better in the end?

[misa 2]

The new policy happened in I think October. My I-130 along with many other people's was retained. A few filed the I-824 to forward it but I don't think we've seen one forwarded yet and only one actually approved to forward.

Here's the link: http://www.visajourney.com/forums/index.php?showtopic=42061

Edited March 13, 2007 by misa