Contradictory information! Please help

[G&A 1]

I consulted four (yes 4) lawyers and they all gave me conflicting answers in one way or another. If you have the time to spend on VJ and read (including the GUIDES - see top of page for link) and with the help of the experienced people here (most of them posted in this thread), you do not need a lawyer. As a matter of fact, i believe you could do yourself a disfavor if you pick the wrong lawyer.

My advice: get married and go for K-3 by filing I130 and then I129F. If I130 gets approved before the K3 interview, abandon K3 and go for CR1 (which only requires the original I130 you filed)

[pushbrk 12,883]

I consulted four (yes 4) lawyers and they all gave me conflicting answers in one way or another. If you have the time to spend on VJ and read (including the GUIDES - see top of page for link) and with the help of the experienced people here (most of them posted in this thread), you do not need a lawyer. As a matter of fact, i believe you could do yourself a disfavor if you pick the wrong lawyer.

My advice: get married and go for K-3 by filing I130 and then I129F. If I130 gets approved before the K3 interview, abandon K3 and go for CR1 (which only requires the original I130 you filed)

This doesn't work under new procedures used for more than six months. Now, when you file both petitions, they tend to be approved together. The I-130 is then retained at the service center unless an I-824 is filed asking that it continue. A few months later it gets sent to NVC.

It is possible but not yet proven with experience here that one can clearly request Consular adjudication on the I-130 itself (at the time of submission) in which case the old procedures will be used and the I-130 will be forwarded. I'd like to hear from somebody who tried this.

[G&A 1]

to make sure i understand what you are saying... It is not automatic anymore (I-130 being forwarded to the consular office) but you can still have it done if you file I-824?

Also, will filing I-824 automatically cancels the I-129F and/or abondon your K-3? wondering in csase the I-824 get stuck somewhere and then you want to still go the K-3 route.

[misa 2]

Filing an I-824 to forward your approved petition will NOT cancel or abandon your K3. The thing with the I-824, it can take months for them to forward it. Stacey33 filed one back in I think November for her approved I-130 and it still has not been forwarded.

[CoMelly 0]

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.

I'm sure you're right pushbrk. In Colorado they are one in the same and say marriage license at the top and marriage certificate towards the bottom. Thanks for pointing that out so those in other states don't make a mistake.

[Addie_Goodvibes 0]

in 2004 My Japanese Wife entered on a 90 Day Visa Waiver Program as a Tourist,

She overstayed and we were married a few months after,

We decided to wait until 2006 to apply for AOS, that way whne USCIS received our AOS and we had our interview we would have been married 2 years and be eligible for the 10 Year GC, during those 2 years she did not leave the country, I suppoprted her, so she did not need to work.

When we applied for her AOS it was never questioned why she entered as a tourist and then got married.

Our AOS process took less than 6 months, She received her 10 Year GC. We did everything ourselves No attorney and came out with a 10 Year Green card.

This forum armed us with the right knowledge and tools to file oursleves.

I agree with your attorney and with others' suggestions of getting a second opinion from another attorney.

Good Luck

[mendeleev 68]

I hope OP is careful with her plans.

If she marries her fiance in the USA, then either the CR-1 or K3 interview would take place in Dublin.

If she marries her fiance in Canada, then a K3 interview (after she successfully petitions for him with a I-129F) would take place in Canada (apparently either in Montreal or Vancouver -- and two posters hint that Vancouver is a better post to interview at -- but the interview location will presumably depend on where in Canada the beneficiary is going to school). If she marries her fiance in Canada, then a CR-1 interview would still take place in Dublin, since the beneficiary is Irish.

It looks like OP is interested in having her husband's interview in Canada. If that is so, then she needs to get married in Canada. Right?

Edited May 22, 2007 by novotul

[CutienPurg 0]

I hope OP is careful with her plans.

If she marries her fiance in the USA, then either the CR-1 or K3 interview would take place in Dublin.

If she marries her fiance in Canada, then a K3 interview (after she successfully petitions for him with a I-129F) would take place in Canada (apparently either in Montreal or Vancouver -- and two posters hint that Vancouver is a better post to interview at -- but the interview location will presumably depend on where in Canada the beneficiary is going to school). If she marries her fiance in Canada, then a CR-1 interview would still take place in Dublin, since the beneficiary is Irish.

It looks like OP is interested in having her husband's interview in Canada. If that is so, then she needs to get married in Canada. Right?

you've gotten it dead on Novotul. I think the issue at hand currently, is the window of opportunity they have. The fiance arrives in Canada in August and is finished in Canada in April. Based on the location of the school , he will need to have a K-3 interview in Montreal( unless he can make a reallly really good friend in Vancouver and get his file transfered there)Montreal is currently on a 6 month + backlog and taking around 8 months to get interviews done from the time they receive the file in their office. If the fiance cannot stay in Canada past April and assuming they aply for the K-3 in August....there may not be enough time. The hopeful side is that Montreal will receive some help from the DOS and catch up.

[Rhiannon 0]

I hope OP is careful with her plans.

If she marries her fiance in the USA, then either the CR-1 or K3 interview would take place in Dublin.

If she marries her fiance in Canada, then a K3 interview (after she successfully petitions for him with a I-129F) would take place in Canada (apparently either in Montreal or Vancouver -- and two posters hint that Vancouver is a better post to interview at -- but the interview location will presumably depend on where in Canada the beneficiary is going to school). If she marries her fiance in Canada, then a CR-1 interview would still take place in Dublin, since the beneficiary is Irish.

It looks like OP is interested in having her husband's interview in Canada. If that is so, then she needs to get married in Canada. Right?

you've gotten it dead on Novotul. I think the issue at hand currently, is the window of opportunity they have. The fiance arrives in Canada in August and is finished in Canada in April. Based on the location of the school , he will need to have a K-3 interview in Montreal( unless he can make a reallly really good friend in Vancouver and get his file transfered there)Montreal is currently on a 6 month + backlog and taking around 8 months to get interviews done from the time they receive the file in their office. If the fiance cannot stay in Canada past April and assuming they aply for the K-3 in August....there may not be enough time. The hopeful side is that Montreal will receive some help from the DOS and catch up.

Yeah, I think for the least amount of stress involved we've decided to get married in the states (i started a new thread on that) and then if he doesn't have the greencard by the end of his school he can just go back home until it's done, and his interview will be there. Of course i hope that doesn't happen!!!