Contradictory information! Please help

[Rhiannon 0]

If I were you I'd get married in Canada and apply for a K-3

except then he'd have to go to Canada for the K3 interview, and he lives in Scotland. Kind of a round about way, and with added expense I'm sure they'd rather not have to pay.

The fiance will soon be attending school in Canada. K3 visas, by law, must be adjudicated in the country the marriage took place, so wherever he was at the time of the interview, he would travel to Montreal for the interview.

Perhaps he would still be in school in Canada. Perhaps he would be visiting his wife in the USA. We don't know.

Wow - we didn't even consider this. So he goes to school in Canada last week in August, we could get married then, and he will be in school until April, and we would hopefully get an interview before then? So the interview takes place in the country of the marriage, and not of origin?

thanks everyone!

[CutienPurg 0]

where in Canada will he be going to school?

[MissStacey 1]

where in Canada will he be going to school?

I was going to ask the same thing! I am hoping for their benefit it will be closer to vancouver!

[CutienPurg 0]

where in Canada will he be going to school?

I was going to ask the same thing! I am hoping for their benefit it will be closer to vancouver!

you read my mind girl!!!

[CoMelly 0]

CutienPurg, what did you end up doing? Another lawyer has suggested getting married when he visits here, and then have him leave, and somehow this will be okay if we have a signed affidavit from the lawyer? Have you heard of this?

Hey there Rhiannon. I just wanted to add that my hubby came here to visit and we eloped. Then he went back to Canada to finish up paramedic schooling and we've filed for the CR1. No affidavits from anyone necessary for the CR1. Just a valid marriage license.

Good luck with your lawyers!

Edited May 14, 2007 by CoMelly

[Rhiannon 0]

If I were you I'd get married in Canada and apply for a K-3

except then he'd have to go to Canada for the K3 interview, and he lives in Scotland. Kind of a round about way, and with added expense I'm sure they'd rather not have to pay.

The fiance will soon be attending school in Canada. K3 visas, by law, must be adjudicated in the country the marriage took place, so wherever he was at the time of the interview, he would travel to Montreal for the interview.

Perhaps he would still be in school in Canada. Perhaps he would be visiting his wife in the USA. We don't know.

Hmm... well I went to the lawyer today, and liked him much better than the other! He informed me that Mike will have to go do the interview in the country of origin, that being Ireland - he said it really didn't matter which country we got married in. can you show me where your info is? That sure would save us some money if he could do the interview in Canada! but the lawyer seemed pretty certain... i think we've decided to go ahead and get married in Aug/Sept before he goes to school - now the big dilemma is whether to have a big ceremony or save that for the date that I already have saved, May 3, with the possibility that the green card won't be ready yet by then....

ARGH!

[CutienPurg 0]

http://travel.state.gov/visa/immigrants/ty...types_2993.html

After the USCIS approves the I-129F, it sends it to the National Visa Center (NVC). The NVC sends the petition electronically to the embassy or consulate in the country where the marriage took place. If your marriage took place in the United States, the NVC sends the petition to the embassy or consulate that issues visas in the country of your spouse's nationality.

the lawyer may have been thinking about the CR-1 interview.

[Rhiannon 0]

http://travel.state.gov/visa/immigrants/ty...types_2993.html

After the USCIS approves the I-129F, it sends it to the National Visa Center (NVC). The NVC sends the petition electronically to the embassy or consulate in the country where the marriage took place. If your marriage took place in the United States, the NVC sends the petition to the embassy or consulate that issues visas in the country of your spouse's nationality.

the lawyer may have been thinking about the CR-1 interview.

Okay, so i read that the CR-1 interview is in the foreign embassy, but if the petition for the I-129F gets sent to the embassy in the country where the marriage took place, that means that he'll have the K-3 interview at that embassy, (Canada), whearas if it's in the US the embassy will be in Dublin. I think I have this straight now? The canadian embassy won't think it's weird that neither of us live there permanently?

This is so helpful!

And unfortunately he'll not be that close to vancouver - Western Ontario (London).

[pushbrk 12,883]

No affidavits from anyone necessary for the CR1. Just a valid marriage license.

Careful. You must submit a valid mariage certificate, not just a license. It's possible the document is one in the same in some States (I wouldn't know) but it certainly isn't in all.

Affidavits are not required. They are one of a list of suggested additional items, over and above the requirements.

[CutienPurg 0]

The canadian embassy won't think it's weird that neither of us live there permanently?

It's neither here nor there if neither of you live there in any manner. The policy requirement is for the K-3 to be adjudicated in the country where the marriage took place so it's not up to the consulate to think anything of it. For example , if you took a holiday to the south of France, got caught in the romance and on a whim married .....you'd be going there for an interview.

Something to consider .....and not to throw a wet blanket on any plans you're getting excited about......

If for some reason his interview in Montreal doesn't happen by April when he finishes school, is it going to be possible for him to remain in Canada for a bit longer until he gets it?

As of right now, interviews in Montreal are taking up to 6 months +/- from the time the file reaches Montreal. So calculate USCIS processing + travel time to the NVC and its couple day process + a possible 6 month wait for an interview in Montreal.

[Rhiannon 0]

The canadian embassy won't think it's weird that neither of us live there permanently?

It's neither here nor there if neither of you live there in any manner. The policy requirement is for the K-3 to be adjudicated in the country where the marriage took place so it's not up to the consulate to think anything of it. For example , if you took a holiday to the south of France, got caught in the romance and on a whim married .....you'd be going there for an interview.

Something to consider .....and not to throw a wet blanket on any plans you're getting excited about......

If for some reason his interview in Montreal doesn't happen by April when he finishes school, is it going to be possible for him to remain in Canada for a bit longer until he gets it?

As of right now, interviews in Montreal are taking up to 6 months +/- from the time the file reaches Montreal. So calculate USCIS processing + travel time to the NVC and its couple day process + a possible 6 month wait for an interview in Montreal.

So I've talked to the lawyer and he's saying we're going to need to file for an I-130 and NOT an I-129f, as they are taking a long time just now, and the I-130 interview is in country of origin, regardless of where the marriage is. So I think we're going to do it here, and make a proper ceremony of it.

This stuff makes my head hurt.

[pushbrk 12,883]

The canadian embassy won't think it's weird that neither of us live there permanently?

It's neither here nor there if neither of you live there in any manner. The policy requirement is for the K-3 to be adjudicated in the country where the marriage took place so it's not up to the consulate to think anything of it. For example , if you took a holiday to the south of France, got caught in the romance and on a whim married .....you'd be going there for an interview.

Something to consider .....and not to throw a wet blanket on any plans you're getting excited about......

If for some reason his interview in Montreal doesn't happen by April when he finishes school, is it going to be possible for him to remain in Canada for a bit longer until he gets it?

As of right now, interviews in Montreal are taking up to 6 months +/- from the time the file reaches Montreal. So calculate USCIS processing + travel time to the NVC and its couple day process + a possible 6 month wait for an interview in Montreal.

So I've talked to the lawyer and he's saying we're going to need to file for an I-130 and NOT an I-129f, as they are taking a long time just now, and the I-130 interview is in country of origin, regardless of where the marriage is. So I think we're going to do it here, and make a proper ceremony of it.

This stuff makes my head hurt.

Dump the lawyer! If you marry, you file the I-130 first regardless. Then you file the I-129F using the instructions for "spouse" not the instructions for fiance. We're talking K3. Your lawyer is talking CR1. Perhaps he hasn't a clue about K3. If you can find this place, you don't need a lawyer.

[Rhiannon 0]

The canadian embassy won't think it's weird that neither of us live there permanently?

It's neither here nor there if neither of you live there in any manner. The policy requirement is for the K-3 to be adjudicated in the country where the marriage took place so it's not up to the consulate to think anything of it. For example , if you took a holiday to the south of France, got caught in the romance and on a whim married .....you'd be going there for an interview.

Something to consider .....and not to throw a wet blanket on any plans you're getting excited about......

If for some reason his interview in Montreal doesn't happen by April when he finishes school, is it going to be possible for him to remain in Canada for a bit longer until he gets it?

As of right now, interviews in Montreal are taking up to 6 months +/- from the time the file reaches Montreal. So calculate USCIS processing + travel time to the NVC and its couple day process + a possible 6 month wait for an interview in Montreal.

So I've talked to the lawyer and he's saying we're going to need to file for an I-130 and NOT an I-129f, as they are taking a long time just now, and the I-130 interview is in country of origin, regardless of where the marriage is. So I think we're going to do it here, and make a proper ceremony of it.

This stuff makes my head hurt.

Dump the lawyer! If you marry, you file the I-130 first regardless. Then you file the I-129F using the instructions for "spouse" not the instructions for fiance. We're talking K3. Your lawyer is talking CR1. Perhaps he hasn't a clue about K3. If you can find this place, you don't need a lawyer.

Hmmm! Food for thought, definitely. I thought people recommended having a lawyer?? I do think we'll go ahead and have the ceremony in USA, because then I don't have to plan another one not knowing when the greencard will be approved...

[CutienPurg 0]

you wont find a lot on here reccomending a lawyer unless your situation is unusual.

the lawyer wasn't kidding when he said theyre slow right now which im guessing was why he strongly suggested you do a straight CR-1. they seem to be faster right now with Montreal as the consulate and in the end a way better visa to have.if going back to Ireland isnt an issue then that's the way I'd go for sure.

Edited May 17, 2007 by CutienPurg

[misa 2]

I just checked the embassy info page for Ireland. Last time it was updated (2006), it was one month for an interview... a hell of a lot faster than Montreal!