To use a lawyer or not-applying for K-3

[meauxna 15]

**Can someone please help me make sense of this? (Sorry if I'm asking stupid questions here, I've been reading too much and I'm just confusing myself more and more.) ** ...I didn't even see the forms for the CR-1 visa.

Oops. That is not your error, it is the Guide's. The K-3/IV relationship has changed very recently and isn't well defined.

Currently, when you file the I-129f for a spouse (after filing I-130), USCIS approves the I-129f (and often the I-130) on its normal schedule and sends it along to the NVC. However, instead of also sending the approved I-130 to NVC to start normal IV processing, it is held in the US.

The expectation is that you will use the approved I-129f toward a K-3 visa, the immigrant spouse will come to the US as a non-immigrant (K-3) and apply to Adjust Status/AOS/(I-485) from inside the US. This means an additional 6+ months of processing to become a Permanent Resident and the additional expense of a work permit. The benefit is that you get to be together, in the US, potentially sooner than you would if you waited for the slightly longer Immigrant Visa process.

Which is what CutienPurg just posted.

There are no forms for a CR-1 visa, because it is an Immigrant Visa--that's the official name that you'll find at uscis.gov and travel.state.gov (2 important sites for you).

Sorry about all the abbreviations, too. We use a lot of them. There is a dictionary here: http://www.visajourney.com/forums/index.ph...page=definition

[CanadianButterfly 0]

The likeliest scenario will be that once your petition for the K-3 is received, both the I-130 petition and the I-129F will be sent to the same service center to be processed together. More than likely they will also be approved together. Once they are approved, unless you clearly indicated that you wish for consular processing of the I-130, the USCIS will retain the I-130 petition and it will be held at the National Benefits Center(until AOS), the I-129F will be forwarded to the NVC and then on to the appropriate consulate/embassy for K-3 processing. If you decide you would like consular processing of the I-130 after approval, resulting in a CR-1 visa AND you discover it has been retained , you may then file an I-824 requesting your approved petition be forwarded to the NVC. The I-824 comes with a cost of $200.00 and an unknown wait time for processing. It is only after receiving an approval on the I-824 that you may proceed with consular processing of the I-130.

I want to emphasize that this is the likeliest scenario based on the information Ive seen on this board. Nothing is 100%.

Good Luck and Welcome!!!

Thanks for the "likeliest scenario," I appreciate that CutienPurg.

By the way are you from MI and your spouse from Canada? I'm from Canada and my spouse is in MI...I'll be moving there once I get through with everything. I just thought that was an interesting coincidence...If that's the case.

Did you use a lawyer by the way, or are you doing it yourself?

Canadian_Butterfly

[CanadianButterfly 0]

**Can someone please help me make sense of this? (Sorry if I'm asking stupid questions here, I've been reading too much and I'm just confusing myself more and more.) ** ...I didn't even see the forms for the CR-1 visa.

Oops. That is not your error, it is the Guide's. The K-3/IV relationship has changed very recently and isn't well defined.

Currently, when you file the I-129f for a spouse (after filing I-130), USCIS approves the I-129f (and often the I-130) on its normal schedule and sends it along to the NVC. However, instead of also sending the approved I-130 to NVC to start normal IV processing, it is held in the US.

The expectation is that you will use the approved I-129f toward a K-3 visa, the immigrant spouse will come to the US as a non-immigrant (K-3) and apply to Adjust Status/AOS/(I-485) from inside the US. This means an additional 6+ months of processing to become a Permanent Resident and the additional expense of a work permit. The benefit is that you get to be together, in the US, potentially sooner than you would if you waited for the slightly longer Immigrant Visa process.

Which is what CutienPurg just posted.

There are no forms for a CR-1 visa, because it is an Immigrant Visa--that's the official name that you'll find at uscis.gov and travel.state.gov (2 important sites for you).

Sorry about all the abbreviations, too. We use a lot of them. There is a dictionary here: http://www.visajourney.com/forums/index.ph...page=definition

THANK YOU! THANK YOU meauxna!

That is much clearer to me now. And that dictionary....Thank you greatly for that!!! Since I'm new I have no idea what people are saying to me half the time or what I'm reading on other threads. LOL (Silly me!)

I'm definately going to check that out right away to make more sense of things!

Canadian_Butterfly

[CutienPurg 0]

Thanks for the "likeliest scenario," I appreciate that CutienPurg.

By the way are you from MI and your spouse from Canada? I'm from Canada and my spouse is in MI...I'll be moving there once I get through with everything. I just thought that was an interesting coincidence...If that's the case.

Did you use a lawyer by the way, or are you doing it yourself?

Canadian_Butterfly

Cool Beans!!!

I am from Michigan

No we didn't use a lawyer. Our case is pretty straight forward. We have had our stumbles but I've learned a lot around here. If we had it to do again, we would have for surely just gone through the CR-1 process and skipped the k-3 all together.

If you haven't been by the Canada forum , you really should check it out . So much info pertinent to the 2 consulates,leaving Canada etc

http://www.visajourney.com/forums/index.php?showforum=93

[CanadianButterfly 0]

Thanks for the "likeliest scenario," I appreciate that CutienPurg.

By the way are you from MI and your spouse from Canada? I'm from Canada and my spouse is in MI...I'll be moving there once I get through with everything. I just thought that was an interesting coincidence...If that's the case.

Did you use a lawyer by the way, or are you doing it yourself?

Canadian_Butterfly

Cool Beans!!!

I am from Michigan

No we didn't use a lawyer. Our case is pretty straight forward. We have had our stumbles but I've learned a lot around here. If we had it to do again, we would have for surely just gone through the CR-1 process and skipped the k-3 all together.

If you haven't been by the Canada forum , you really should check it out . So much info pertinent to the 2 consulates,leaving Canada etc

http://www.visajourney.com/forums/index.php?showforum=93

CutienPurg...thanks for letting me know, and sending me the link. Hopefully that will help. Can I just ask you, you said if you had to do it again you would have skipped the K-3, why is that?

Canadian_Butterfly

[CutienPurg 0]

Well......it may be more hindsight.

The I-129F was approved on October 4, reached the Montreal consulate on October 18 and 6 months later our interview was scheduled.

The I-130 was approved on Nov 14th or 16th and reached the NVC on Dec 14. ( we were the last batch of lucky ones who were given the opportunity to pursue both) There is a strong likelihood that the I-130 would have finished it's process by now and an interview could have been scheduled.

BUT

We initially planned for AOS ( given the K-3 gets approved in 2 weeks) and didnt begin the NVC process.We have since changed our minds and are going to follow through with consular processing and are hoping for completion by summer's end. We'll make Montreal part of our trip to Nova Scotia to begin our retirement property search.

.....and please dont let the 6 month thing unnerve you. Although wait times for Montreal have recently been longer than everyone expected, Im not sure they are the new "norm".

When you stop by the Canada forum , be sure and bring FlamesNINE an extra large Tim's with a cow attached.

Edited April 4, 2007 by CutienPurg

[CanadianButterfly 0]

So through all the advice and after seeing some of the forms we'll need to fill out, I think we're going to try doing it ourselves...ahem with all of your help on here ofcourse!

So I'm sure I'm going to have a lot more questions for all of you down the road. Thanks for all the advice and help thus far!

Canadian_Butterfly

[The_dip_sticks 0]

You can do all the stuff that your lawyer is going to do for you. If you case is non complicated and does not have any issues of any sort, maybe you can save your self the spending thousands of dollars on a lawyer. I wish I had found vj before we filed. I could have saved my self time and money. VJ is a great source of information to walk you through the process. Welcome VJ

[CutienPurg 0]

Dip_sticks......you're due for your monthly touch , girl.......make sure your legs are shaved

I'm still thinking positive thoughts for you guys and everyday I watch for a post with good news.

Hang in there kiddo!!

[The_dip_sticks 0]

Dip_sticks......you're due for your monthly touch , girl.......make sure your legs are shaved

I'm still thinking positive thoughts for you guys and everyday I watch for a post with good news.

Hang in there kiddo!!

LOL thank you for that CutienPurg. I will make sure I shave my legs and wait for the happy news jejeje. Maybe good things will happen for us this easter. =0)

[mendeleev 68]

As others have said, if you case is reasonably simple and you two are attentive to detail and get a little obsessive over following your process along -- there is no reason to hire an attorney.

I have those attributes, but hired an attorney when we did our K1 in 2005. That firm brought a little peace of mind but really not much value. The value I wanted was in simplifying matters for my (then) fiance) -- and they didn't do that. We had to be all over the visa application part of the process.

Now our situation is slightly more complex, since we did use the K1 last year but didn't get married at that time. (Her choice, that is, the beneficiaries choice, and it made sense at the time.) When we decided to proceed with marriage and relocation, we did consult with immigration lawyers because of IMBRA. (That, Canadian_butterfly, is something you almost certainly don't need to worry about for a variety of reasons. The only exception -- did you ever come here before on a K1 visa? You didn't, so, you don't need to worry about IMBRA.) We got different advice from different attornies, and folded it all into our evolving plan. We opted to get married and are following a K3 path (although we might decide to activate the CR-1 after all once the I-130 is complete.) Our situation is now more complex, but we are proceeding without retaining an attorney. I don't think we'll regret that decision -- but we don't yet have our visa in hand, either!

You've seen aspects of why this board is good in action. Earlier in this thread, there was some not accurate information provided and it was quickly corrected, more than once. And the fellow took the correction with good spirits. That's the way it normally is here. The self-correcting nature of information provided on this board is one advantage that it can have over an attorney, who has this mantle of expertise conferred upon him by society but who, in any specific case, operates rather privately, without the opportunity for good peer review and correction. This is a good board, which is impressive given that a lot of us are feeling stress because of prolonged separation from someone very special to us.

Good luck.

[CanadianButterfly 0]

As others have said, if you case is reasonably simple and you two are attentive to detail and get a little obsessive over following your process along -- there is no reason to hire an attorney.

I have those attributes, but hired an attorney when we did our K1 in 2005. That firm brought a little peace of mind but really not much value. The value I wanted was in simplifying matters for my (then) fiance) -- and they didn't do that. We had to be all over the visa application part of the process.

Now our situation is slightly more complex, since we did use the K1 last year but didn't get married at that time. (Her choice, that is, the beneficiaries choice, and it made sense at the time.) When we decided to proceed with marriage and relocation, we did consult with immigration lawyers because of IMBRA. (That, Canadian_butterfly, is something you almost certainly don't need to worry about for a variety of reasons. The only exception -- did you ever come here before on a K1 visa? You didn't, so, you don't need to worry about IMBRA.) We got different advice from different attornies, and folded it all into our evolving plan. We opted to get married and are following a K3 path (although we might decide to activate the CR-1 after all once the I-130 is complete.) Our situation is now more complex, but we are proceeding without retaining an attorney. I don't think we'll regret that decision -- but we don't yet have our visa in hand, either!

You've seen aspects of why this board is good in action. Earlier in this thread, there was some not accurate information provided and it was quickly corrected, more than once. And the fellow took the correction with good spirits. That's the way it normally is here. The self-correcting nature of information provided on this board is one advantage that it can have over an attorney, who has this mantle of expertise conferred upon him by society but who, in any specific case, operates rather privately, without the opportunity for good peer review and correction. This is a good board, which is impressive given that a lot of us are feeling stress because of prolonged separation from someone very special to us.

Good luck.

Good advice novotul, thank you.

I do not have a complicated case, nor have I been to the U.S. on a K-1...So I guess for me, it is pretty straight forward. And you're absolutely right, people on here have the chance to be corrected, if need be...And it's done in a "nice" way, as apposed to some of the other discussion forums out there. It's also a good support system since everyone is going through the same thing as you, so I like that as well. From another forum I was told about VJ, so I'm glad I decided to check it out!

Thanks again to everyone,

HAPPY- Canadian_Butterfly

(going to visit the hubby today, one last time before we start filing. )

[CutienPurg 0]

HAPPY- Canadian_Butterfly

(going to visit the hubby today, one last time before we start filing. )

Just sos ya knows........there is no requirement for you and your sweetie to stop visiting simply because you have filed your petition. As long as you can establish that you have strong ties to Canada( and he to the US) and will return after your visit, the likelihood of having trouble crossing is minimal. If you have been a regular visitor, your crossing record should show that. We cross at the Bluewater and other than a few odd instances with a certain overzealous US border guard, they barely bat an eye......going on 4 years now crossing every 3- 4 weeks.

anyway........wasnt sure if you knew it was still ok.

have an awesome weekend......enjoy the freakin snow! UGH!

Edited April 5, 2007 by CutienPurg

[CanadianButterfly 0]

HAPPY- Canadian_Butterfly

(going to visit the hubby today, one last time before we start filing. )

Just sos ya knows........there is no requirement for you and your sweetie to stop visiting simply because you have filed your petition. As long as you can establish that you have strong ties to Canada( and he to the US) and will return after your visit, the likelihood of having trouble crossing is minimal. If you have been a regular visitor, your crossing record should show that. We cross at the Bluewater and other than a few odd instances with a certain overzealous US border guard, they barely bat an eye......going on 4 years now crossing every 3- 4 weeks.

anyway........wasnt sure if you knew it was still ok.

have an awesome weekend......enjoy the freakin snow! UGH!

CutienPurg, thanks for letting me know. To tell you the truth I've been REALLY confused about this whole situation. I was told by two different lawyers that you couldn't leave the country until the K-3 Visa comes through, and since so many people on this forum are talking about travelling while their case is pending, I had no idea what was right. But if you're saying that you've been doing this for 4 yrs almost, crossing every 3-4 wks...well that gives me hope! The Bluewater bridge is the same place I cross too...hopefully I'll be fine as well. That makes me and my hubby feel a lot better about this whole visa process.

Happy Easter and thanks again!

Canadian_Butterfly

[Flames9_RN 358]

Many Cdns have travelled tothe USA while their visa journey was in progress. I never had a prob, but some (not sure how many ) have been denied entry. If I had to do it over again, i would do it the same way!!