Best way to get wife of US citizen to US? We r both students in CAN.

[Moes78 1]

Hello all and thanks for this great forum!

 

I guess our situation is a bit peculiar, so the situation first in some detail.

 

My wife and me are PhD students in CAN since 2012. I am US citizen and she is Mexican citizen. We got married in January 2016 in Mexico. Now, I finished my PhD here in CAN and got a job offer at a uni in the States to start ASAP. We are both still in Quebec, Canada at the moment.

 

Now, what we want to make happen is for her to be able to join me around September in the States.

 

Important to note is that she has a B1/B2 business/tourist visa which allows her to go to the States anyways for up to 6 Mo and is valid for several years I think. So she can theoretically just come as a tourist anyways.

 

However, she also wants to be able to work once she get's here.

 

The question now is what's the best way for us to be together again as soon as possible (apart form just using the tourist visa):

 

The scenario we first envisioned is:

 

1) File a i130 in the normal manner and then get the K3 visa since she can apply for that the soonest, from what we understand. We read she should be able to get the K3 within 3 months after applying for the i130/receiving the assessment notice.

 

I was also reading that the K3 is now rarely used and people go to the CR1 instead right away. But when we read the guidlines it seemed the K3 would be better for us.

 

Please let us know what you think about following this process and how much time it would take.

 

 

_______

 

Also:

Is there a way in which she could come now on her current B1/B2 visa and we would then file inside the States for the next step/visa?

If so, is that advisable?

_____

 

And:

I now found out about Direct Consular Filing (DCF) .

Is it possible to do a Direct Consular Filing (DCF) from Quebec, CAN? If that would work it'd clearly be the best for us. I already emailed the Consulate General in Quebec City, CAN.

 

Please let me know for any more details you need to knwo in order to give a comprehensible response.

 

Cheers and thanks for any insight!

 

Mo

 

 

 

 

[Unlockable 7,315]

Using a visitor visa to come to the US to change status is fraud.

 

DCF is the way to go.

[Devon&Julius 21]

I am in no way a expert. But once you file cr1 or any immigrant visa petition for her it MAY make it harder to come to USA on her B1/B2 visa Just something to think about.

[Crazy Cat 42,534]

If you are already married, you have only one option...CR-1.....She CAN visit you in the US while the CR-1 is being processed, but she will have to show strong ties to her country.

Edited July 10, 2017 by missileman

[Ryan H 3,834]

***Moved from What Visa Do I Need - Family Based Immigration forum to IR-1/CR-1 Process & Procedures.***

 

**Moderator hat off**

 

DCF is not possible in Canada, there is no USCIS field office there.

 

Visa fraud has already been explained.

 

Current practice at USCIS is to tie the I-129F to the I-130 that was previously filed.  A decision on the two petitions usually comes at the same time and they are sent together to the NVC.  Current State Department procedure is when an approved I-130 is on station, the need for the K3 no longer exists and that specific process is administratively closed leaving only the I-130 active.  Because of this, an actual K3 Visa being issued is a very rare occurrence.  A K3 case can even have an interview scheduled only to have said interview cancelled because the Embassy/Consulate was informed that an approved I-130 is now on station at the State Department.

 

The provision in the LIFE Act that created the K3 has not been repealed which is why you will still see it on official websites as a viable option.

[Boiler 46,239]

I thought there was no DCF in Canada.

 

CR1 all the way!

 

PS they are particularly insistent on you showing a clear US Domicile.

Edited July 10, 2017 by Boiler

[Moes78 1]

Thanks a lot for all your replies! That's a bit disheartening, but what can we do ....

 

Some follow up questions if I may, thanks in advance:

 

1) Is it useful to use a company for help with the filings? Such as https://rapidvisa.com/cr-1-spousal-visa/

If so in general, which is the best company?

 

2) Are these guides up to-date?

 

i130 and CR1:

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

+ these notes: http://www.visajourney.com/content/assembly

 

3) So, she is a Mexican, but resident in (eastern) Canada as she is studying there. When we apply for the i130 and CR1, will this be processed via the East Coast CAN/US side or US/MEX border? I am asking because I hope she doesn't have to go to an interview far away if the next embassy is already in Montreal, CAN. Also for instance for the medical exam, where will that be?

 

4) For the i130 application and bonafide marriage: Is there a special (regular) form for that affidavit, or do we have to make our own document and let the people add something like ....we testify that we knew the couple 2 years before the marriage and attended the marriage in Mexico.....etc.

Maybe you have a link to the affidavits you used?

 

5) I saw that translations of documents can be done by any person that affirms that he or she has enough knowledge of the languages (http://www.visajourney.com/content/translations). So, can we translate ourselves and attest that they are translated correctly or should we get official translations. Also, our rental contract is several pages in french. Do people usually translate the whole thing and send it? I was hoping to be okay with the first page that has our names and address in CAN. 

 

6) For the affidavit of support later on. Should I attach a letter by my employer saying sth like: Mr. X is employed as "something" at this institution and makes xx$ per annum? Also, the money I have to show over the poverty line can all be in form of an employment contract, right? I don't necessarily have to show that (all) in cash, right?

 

7) Regarding the police certificates for the beneficiary: What's the rule there exactly? One has to show a certificate for every country where one lived in the last X? years for 12 months or more?

 

8) My wife's birth certificate states the name of her parents and birth in Mexico, is that enough to qualify for being "long"? The place is not further specified.

 

9) Can my wife visit me (was partially mentioned before) during the i130 and CR1 process if she shows that she's a PhD student in CAN, aka strong ties to go back to CAN after the holiday. Is that a strong enough tie? Also considering the extra confusion that she is Mexican, but has the ties to CAN at the moment cause she is studying there.

 

10) What is the difference between going the i130 and CR1 way as opposed to filing the i130 form together with the i485 form? (which is mentioned here https://www.uscis.gov/i-130-addresses). And what does standalone mean in this context?

 

11) Is it possible to extend your stay or go over into some kind of spouse visa after coming to the US with a work visa?

 

These are quite a few questions and appreciate your input immensely!

 

Thanks a lot!

 

Cheers

[Ryan H 3,834]

3 hours ago, Mo Schmid said:

Thanks a lot for all your replies! That's a bit disheartening, but what can we do ....

 

Some follow up questions if I may, thanks in advance:

 

1) Is it useful to use a company for help with the filings? Such as https://rapidvisa.com/cr-1-spousal-visa/

If so in general, which is the best company?

 

2) Are these guides up to-date?

 

i130 and CR1:

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

+ these notes: http://www.visajourney.com/content/assembly

 

3) So, she is a Mexican, but resident in (eastern) Canada as she is studying there. When we apply for the i130 and CR1, will this be processed via the East Coast CAN/US side or US/MEX border? I am asking because I hope she doesn't have to go to an interview far away if the next embassy is already in Montreal, CAN. Also for instance for the medical exam, where will that be?

 

4) For the i130 application and bonafide marriage: Is there a special (regular) form for that affidavit, or do we have to make our own document and let the people add something like ....we testify that we knew the couple 2 years before the marriage and attended the marriage in Mexico.....etc.

Maybe you have a link to the affidavits you used?

 

5) I saw that translations of documents can be done by any person that affirms that he or she has enough knowledge of the languages (http://www.visajourney.com/content/translations). So, can we translate ourselves and attest that they are translated correctly or should we get official translations. Also, our rental contract is several pages in french. Do people usually translate the whole thing and send it? I was hoping to be okay with the first page that has our names and address in CAN. 

 

6) For the affidavit of support later on. Should I attach a letter by my employer saying sth like: Mr. X is employed as "something" at this institution and makes xx$ per annum? Also, the money I have to show over the poverty line can all be in form of an employment contract, right? I don't necessarily have to show that (all) in cash, right?

 

7) Regarding the police certificates for the beneficiary: What's the rule there exactly? One has to show a certificate for every country where one lived in the last X? years for 12 months or more?

 

8) My wife's birth certificate states the name of her parents and birth in Mexico, is that enough to qualify for being "long"? The place is not further specified.

 

9) Can my wife visit me (was partially mentioned before) during the i130 and CR1 process if she shows that she's a PhD student in CAN, aka strong ties to go back to CAN after the holiday. Is that a strong enough tie? Also considering the extra confusion that she is Mexican, but has the ties to CAN at the moment cause she is studying there.

 

10) What is the difference between going the i130 and CR1 way as opposed to filing the i130 form together with the i485 form? (which is mentioned here https://www.uscis.gov/i-130-addresses). And what does standalone mean in this context?

 

11) Is it possible to extend your stay or go over into some kind of spouse visa after coming to the US with a work visa?

 

These are quite a few questions and appreciate your input immensely!

 

Thanks a lot!

 

Cheers

 

Answers:

1. Look through the forms and instructions and determine what your comfort level is in completing them.  If you are comfortable completing the forms yourself, then there not much more a company can really do for you.  If you are not comfortable completing the forms, then professional assistance may be for you.  Only you can decide that.
2. The first place you need go to is here:  https://www.uscis.gov/i-130 - This is where you will find the most current forms and instructions for said forms.  The guides have not been updated to reflect the most current forms.
3. Let me get the semantics out of the way first, the I-130 is a petition form, not an application form and not something you apply for; your spouse will apply for a CR-1 at a later point in the process.  Use her Canadian address on all applicable forms then it will be processed as "beneficiary is in Canada" and the file will go forward accordingly.  She will take the medical exam at an approved panel physician in Canada.
4. Skip these affidavits, they are not required and carry little to zero weight in the overall evaluation of file.  Instead, focus on collecting evidence of time spent together in-person; that is your strongest evidence.
5. There is no hard rule that says you can't do your own translations; I usually suggest having someone else who is fluent in both language sign the attestation statement out of an overabundance of caution so there can be no trouble later.  As for the rental contract, it's a piece of evidence and not a required document and a full translation is not required (you may translate it if you wish).  Instead, just explain what it is.
6. The person writing the employment verification letter would state what how you are paid (e.g. Mr. X makes Y per hour).  You do not have to show it in all cash.
7. See this page:  https://travel.state.gov/content/visas/en/immigrate/immigrant-process/documents/Supporting_documents.html - then scroll down to "Police Certificates"
8. Mexico specific answer is needed.
9. She can visit but there is no guarantee she will be granted admission.  Being a PhD student is not a strong tie to Canada.
10. I-130 is the petition form that is filed, when you only file an I-130, that is what standalone means.  The I-485 is a form you will not be using, pay not attention to anything that refers to it.
11. Extension on authorized stay can be asked for when entering on a tourist visa, a compelling reason might be needed and even then, there are no guarantees extensions will be granted.  What are you talking about in regards to a work visa, that doesn't really seem applicable here? 

[Moes78 1]

Thanks again!

 

This all helped a lot. Almost sending the i130 out!

 

A few follow ups again.

 

1)

Our documents to show the bona fide marriage include pictures of course.

In order to not send millions of pictures we made collages of several pictures. For instance something like: Mo and wife on holidays in year xx. I printed these out on letter size and attached them to the documents. We have maybe 10 collages. Do you think these are a good idea to convey our message?

 

If so, should I have a cover page for these collages? I thought about having a cover page just for the collages and explaining like: Collage 1) Here we are on holidays in yy and pictures with us and our families are seen. Or maybe better a cover page for each collage? So that I can attach each cover letter to the collage?

 

2a)

How would you then arrange all documents that belong together in the final petition package? Do you use a stapler, or paper clips etc to separate classes of documents? Otherwise it will be just a mess of 50-100 pages. I couldn't find any instructions on that.

 

2b)

In what kind of box or package did you send the application off?

 

3)

We don't have utility bills with both our names cause I was alone in the house when I signed up for all that stuff and there was never a necessity to have her on the docs. Should I explain why we don't have any utility bills together, or just ignore it?

 

4) Do you think my US tax where I named my wife is good to proof bona fide? 

 

Cheers and thanks again!

[Ryan H 3,834]

37 minutes ago, Mo Schmid said:

Thanks again!

 

This all helped a lot. Almost sending the i130 out!

 

A few follow ups again.

 

1)

Our documents to show the bona fide marriage include pictures of course.

In order to not send millions of pictures we made collages of several pictures. For instance something like: Mo and wife on holidays in year xx. I printed these out on letter size and attached them to the documents. We have maybe 10 collages. Do you think these are a good idea to convey our message?

 

If so, should I have a cover page for these collages? I thought about having a cover page just for the collages and explaining like: Collage 1) Here we are on holidays in yy and pictures with us and our families are seen. Or maybe better a cover page for each collage? So that I can attach each cover letter to the collage?

 

2a)

How would you then arrange all documents that belong together in the final petition package? Do you use a stapler, or paper clips etc to separate classes of documents? Otherwise it will be just a mess of 50-100 pages. I couldn't find any instructions on that.

 

2b)

In what kind of box or package did you send the application off?

 

3)

We don't have utility bills with both our names cause I was alone in the house when I signed up for all that stuff and there was never a necessity to have her on the docs. Should I explain why we don't have any utility bills together, or just ignore it?

 

4) Do you think my US tax where I named my wife is good to proof bona fide? 

 

Cheers and thanks again!

 

Answers:

• As long as the pictures show unique backgrounds, are not repetitive, and not all close ups of yourselves, it should work.
• 1 cover sheet explaining what each one is at the front is sufficient.
• Do not use a stapler, use those large binder clips.
• You will be sending a petition and a large envelope ought to be sufficient.  I used a large envelope to send my I-130.
• Non-issue and no explanation needed.
• The only "proof" is your marriage certificate, everything else is just evidence.  As far as tax filings go, as long as you filed married (jointly or separately) it is good evidence.

[Moes78 1]

Thanks very much!

 

Another one for you -.-

 

We already said that during the CR1 visa process it will be hard for her to come to the US on her tourist visa (from Canada/PhD student).

 

But, during the petition filing, so next few months, I would assume that she could still come.

Since I am filing the petition, and it's not a visa process.

 

What do you think about that?

 

Cheers

 

[Transborderwife 4,666]

4 minutes ago, Mo Schmid said:

Thanks very much!

 

Another one for you -.-

 

We already said that during the CR1 visa process it will be hard for her to come to the US on her tourist visa (from Canada/PhD student).

 

But, during the petition filing, so next few months, I would assume that she could still come.

Since I am filing the petition, and it's not a visa process.

 

What do you think about that?

 

Cheers

 

It is still a visa process and does make it harder to visit, especially at the moment with her nationality.  Make sure that she carries heavy ties to Canada at the moment.

[Moes78 1]

Oh my.....Looks like I'll be going back to CAN instead -.-

 

Do others share this last opinion?

 

Cheers and thanks again!

 

Mo

[Moes78 1]

Thanks again Ryan!

 

A friend said that he gave a lot of info to every picture submitted. Exact date taken, where and who's in the picture.

But for most pictures we don't know the exact date anymore.

And we also have many images in the collages. 

 

Is it okay to just say: In this collage we arranged several pictures of our Christmas holiday trip to Mexico where petitioner and beneficiary can be see with several of the beneficiarie's family members, including her mum and her brother.

 

Or should we say: Image a) Taken in December 2012 shows me and my wife with her mum in xx village.

 

Btw: With binder clips you mean paper clips, right?

 

Cheers!

 

 

On 7/18/2017 at 4:35 PM, Ryan H said:

Answers:

• As long as the pictures show unique backgrounds, are not repetitive, and not all close ups of yourselves, it should work.
• 1 cover sheet explaining what each one is at the front is sufficient.
• Do not use a stapler, use those large binder clips.
• You will be sending a petition and a large envelope ought to be sufficient.  I used a large envelope to send my I-130.
• Non-issue and no explanation needed.
• The only "proof" is your marriage certificate, everything else is just evidence.  As far as tax filings go, as long as you filed married (jointly or separately) it is good evidence.

 

[Ryan H 3,834]

2 hours ago, Mo Schmid said:

Is it okay to just say: In this collage we arranged several pictures of our Christmas holiday trip to Mexico where petitioner and beneficiary can be see with several of the beneficiarie's family members, including her mum and her brother.

 

Or should we say: Image a) Taken in December 2012 shows me and my wife with her mum in xx village.

 

Btw: With binder clips you mean paper clips, right?

 

Cheers!

 

 

 

 

The section I placed in bold and green is acceptable as long as you include the month and year.  If you are unable to determine the exact date of when the pictures were taken, then it is what it is.  FWIW, not everybody remembers to adjust the clock on their camera.

 

This is what I mean by binder clips:  https://www.staples.com/binder+clips/directory_binder+clips