K-1 or K-3? Complicated

[~Amanda~ 0]

I have read through to understand the differences between the two visas to see which one would be the better route for my fiancé and I. However, I have a slightly complicated situation. I was married once previously to an American citizen, went through the whole residence process to bring him into Canada. We got married in the US, moved up to Canada, had a child together and then divorced. The divorce should be final here in the next couple of weeks. I know I cannot start the k-1 process until I have my official divorce certificate etc. My ex is possibly going to be moving back down to Florida where he is from (he is still an American citizen). I have full parental rights to our daughter. My fiancé, is from Texas. The plan is for my 3 yr old daughter and I to be moving there. My ex has already consented to the move and has authorized for me to take her down to the states whenever necessary. I was just wondering if there is any special process for my daughter since her biological father is still a US citizen. I know with the k-1 it also sponsors children that will be travelling/moving with you. I have heard mixed things as far as it being better to get married first and going the k-3 route, or simply doing the K-1. IF anyone can shed some light on my situation that would be helpful. 

[payxibka 10,045]

1 minute ago, ~Amanda~ said:

I have read through to understand the differences between the two visas to see which one would be the better route for my fiancé and I. However, I have a slightly complicated situation. I was married once previously to an American citizen, went through the whole residence process to bring him into Canada. We got married in the US, moved up to Canada, had a child together and then divorced. The divorce should be final here in the next couple of weeks. I know I cannot start the k-1 process until I have my official divorce certificate etc. My ex is possibly going to be moving back down to Florida where he is from (he is still an American citizen). I have full parental rights to our daughter. My fiancé, is from Texas. The plan is for my 3 yr old daughter and I to be moving there. My ex has already consented to the move and has authorized for me to take her down to the states whenever necessary. I was just wondering if there is any special process for my daughter since her biological father is still a US citizen. I know with the k-1 it also sponsors children that will be travelling/moving with you. I have heard mixed things as far as it being better to get married first and going the k-3 route, or simply doing the K-1. IF anyone can shed some light on my situation that would be helpful. 

K-3 is an obsolete visa as you will apply for a CR/IR1.  If the child is a USC or claims to citizenship from her father then you need to get a CRBA for her and a US passport and no visa required.

 

Whether a K-1 or IR/CR1 is a personal choice as to whether you want to marry in Canada or the USA.  Advantages and disadvantages to either visa.  You need to decide based on the pros and cons what is better for you.

[~Amanda~ 0]

My daughter is a Canadian citizen. I technically have not gotten a passport for her yet. I was going to get one for her shortly. Her father isn't exactly the most reliable, so it can be difficult at times to get a hold of him. Is the CRBA a long process? 

[payxibka 10,045]

Just now, ~Amanda~ said:

My daughter is a Canadian citizen. I technically have not gotten a passport for her yet. I was going to get one for her shortly. Her father isn't exactly the most reliable, so it can be difficult at times to get a hold of him. Is the CRBA a long process? 

CRBA will not take as long as the petition approval.  You don't have a choice.  If the consulate suspects that the child has a potential to US citizenship they will NOT issue a visa until it has been resolved.  So you might as well get started now

[geowrian 22,337]

CRBA (usually) takes much less time than a K-1 or CR-1, if that's what you're asking. The most common exception is if there's an issue regarding paternity and something like DNA tests are needed, fixing the birth certificate, etc.

 

K-1 ETA: ~8-10+ months right now

CR-1 ETA: ~12-14+ months right now.

[~Amanda~ 0]

So I will need to get the CRBA for my daughter before I can start the k-1 process for myself? 

[~Amanda~ 0]

Thank you so much by the way for your responses so far. I wasn't expecting to get help this quickly.. 

[geowrian 22,337]

3 minutes ago, ~Amanda~ said:

So I will need to get the CRBA for my daughter before I can start the k-1 process for myself? 

You can start the K-1 process anytime once engaged, or CR-1 anytime once married.

CRBA is separate and can be started before or after the petition or visa application.

Edited January 1, 2018 by geowrian

[payxibka 10,045]

Just now, ~Amanda~ said:

So I will need to get the CRBA for my daughter before I can start the k-1 process for myself? 

No, you can start the petition process as soon as you are eligible.  During which time you resolve the claim to citizenship.  If the CRBA is ultimately denied then you simply apply for a K-2 which is a derivative benefit of the petition

[NikLR 13,227]

~~moved to what visa do i need from K1 process and procedures~~

 

Have you looked at our comparison guide for the k1 vs CR1? Or any of the threads in what visa do I need? 

I generally advocate CR1 for Canadians unless you are okay with having very little independence for 4+ months.  You interview in the same location and overall the CR1 costs less.  It just takes longer.