K3 or K1?

[TheATeam 0]

I am pretty sure that this question has probably been asked and answered a MILLION times, so I'm sorry to be asking again, but I'm extremely confused here!

As far as I've read if you file for the K3 (I-130) after you're married, and I stay up in Canada and he goes back to the US, I can't go visit him while it's being processed or vice versa. Have I been reading that correctly? I've also heard that the I-130 takes a lot longer than the K1 visa. I'm not sure if that's correct either.

I see that I've been completely naive about this whole process. In reading the USCIS website I didn't realize that these visas took so long to get. I guess I just assumed that I could move down to the US and get married and then file the I-130. From what I've read, because it is my intention to marry him that would be considered visa fraud. Correct? This is all so difficult as my divorce here hasn't been finalized yet, and obviously we can't file for the I-129F before that comes through. I guess that being down with my sweetie in Idaho for good by October was just a pipe dream. ~sighs~

Thanks in advance for your patience and your replies!

Amy

[MissStacey 1]

Many people do travel while petitions are pending. You need to prove ties to Canada- when you go through US Customs, bring copies of what paperwork has been submitted, letters from your employer stating you work and are expected to return on a certain date, proof of rent/mortgage payments, car payments, etc. Things that prove you will be returning to Canada.

It is still up to them to ley you travel, but with string ties, you should be fine.

Even if you do get denied entry- I have been denied twice, it will not affect your Visa Approval.

[Saddle Bronc 124]

I am pretty sure that this question has probably been asked and answered a MILLION times, so I'm sorry to be asking again, but I'm extremely confused here!

As far as I've read if you file for the K3 (I-130) after you're married, and I stay up in Canada and he goes back to the US, I can't go visit him while it's being processed or vice versa.

not true, either direction.

Have I been reading that correctly? I've also heard that the I-130 takes a lot longer than the K1 visa. I'm not sure if that's correct either.

Generally, this is true.

I see that I've been completely naive about this whole process. In reading the USCIS website I didn't realize that these visas took so long to get. I guess I just assumed that I could move down to the US and get married and then file the I-130. From what I've read, because it is my intention to marry him that would be considered visa fraud. Correct? This is all so difficult as my divorce here hasn't been finalized yet, and obviously we can't file for the I-129F before that comes through. I guess that being down with my sweetie in Idaho for good by October was just a pipe dream. ~sighs~

Thanks in advance for your patience and your replies!

Amy

Why did you not consider CR-1 (as I-130 is needed for the K-3 anyway, why not file only I-130 and ask for it to be processed @ Montreal)?

[MissStacey 1]

K-1 Visa is a Fiancee Visa. Once granted, you have 90 days in order to get married. Then you will file for employment (EAD) and I 485- Adjustment of Status (AOS)

The I 130 is the CR1. It is an immigrant visa- once granted you can work upon entry to the US and will receive your 2 year Greencard.

K3- you fill out the I 129F form (fiancee) but in this case it is actually for a spouse. K3 was designed for a way to reunite couples faster. The CR1 used to take alot longer than it does now, believe it or not. For a K3, you need to be married and have an I 130 filed. After K3 is granted, you enter the US and Adjust status and file for EAD.

Edited June 7, 2007 by Stacey33

[Chica Yeyé 41]

I am pretty sure that this question has probably been asked and answered a MILLION times, so I'm sorry to be asking again, but I'm extremely confused here!

As far as I've read if you file for the K3 (I-130) after you're married, and I stay up in Canada and he goes back to the US, I can't go visit him while it's being processed or vice versa. Have I been reading that correctly? I've also heard that the I-130 takes a lot longer than the K1 visa. I'm not sure if that's correct either.

I see that I've been completely naive about this whole process. In reading the USCIS website I didn't realize that these visas took so long to get. I guess I just assumed that I could move down to the US and get married and then file the I-130. From what I've read, because it is my intention to marry him that would be considered visa fraud. Correct? This is all so difficult as my divorce here hasn't been finalized yet, and obviously we can't file for the I-129F before that comes through. I guess that being down with my sweetie in Idaho for good by October was just a pipe dream. ~sighs~

Thanks in advance for your patience and your replies!

Amy

Amy,

Welcome to VJ. Both Stacey and Cherry have given you sound advise. Yet, you cannot begin either process until you have your divorce certificate in hand. Not a K or a CR. Nada. The good news is this gives you time to read through the boards and find information that may help you. In my humble opinion, I would go for the CR1 because nowadays is taking about the same time as a K and it also lets you have it all done at once instead of having to Adjust Status once you are in the US: but for that one you need to get married. I don’t know if your divorce will have some sort of restrictions as to how quickly you can remarry (or if this will have repercussions on your visa process). Again, check out the boards.

And yes, if you enter and get married I think it is considered fraud and will negatively impact your visa.- But maybe I’m wrong – I’m sure more folks will answer your concerns. Again, welcome to VJ and ask away!!!

L.

[TheATeam 0]

Thank you for all your replies! Boy you guys are fast! ~giggles~ I really do appreciate it.

The thing is, we're not entirely sure WHICH way we're going to go yet. We were originally planning on the I-130 but then had heard we couldn't visit while it was being processed and that it took longer than the K1 visa did. I suppose we're looking to be as expedient as possible. I don't want to spend anymore time apart from him than I have to.

Len and Bren- I'm also in Edmonton while Andrew is down in Idaho. I see from your timeline that it's taken quite a bit of time for your visa and you're still waiting. That's the part that worries me. Right now I'm definitely in a job I really don't like, living in a place I really hate, and that's difficult.

Oohhhh! I hadn't thought about the fact that I'll just be divorced and then marrying him having a negative impact on the Visa! Oh god, wouldn't that be terrible! Darn it all for long drawn out divorces!

I guess it's just feeling a little bit sad to both of us right now. We both had a good cry last night while we talked on the phone because we'll have to be apart longer than we had anticipated. Tough stuff. On the bright side, we make it a point to visit at least once a month for 4 or 5 days. I guess it helps that he's a travel agent! Thank goodness for that!

Edited June 7, 2007 by TheATeam

[MissStacey 1]

I'm in Edmonton too!

Sherwood Park, actually.

[Saddle Bronc 124]

Amy, would a temp work visa be usable (though this moves out of VJ's glister)?

[TheATeam 0]

I work with a girl from Sherwood Park Stacey! Where are you moving to in the States?

I wish that a temporary work permit was feasible Cherry, but as far as I've read, without an actual offer from an employer and sponsorship, it's nearly impossible to get one. I'm not college educated and don't have any special skills that would have employers wanting to sponsor me to go work for them. ~sighs~ It would be wonderful if it worked that way though, cause as I understand it, if I was down there on a work permit I could marry him and then just adjust status! At least we'd be together!

[MissStacey 1]

Also, if you go the K route- you can go through the Vancouver Consulate. They tend to be very quick and they were awesome to deal with.

The CR1 is only done out of Montreal. The wait is much longer. But the CR1 does have more benefits upon entry.

[TheATeam 0]

Hmmm....the benefits with the CR1 being that I'm able to work right away huh? We already knew that I might not be able to work for awhile, and thank goodness Andrew's so great about being okay about that. I was a little worried!

Not working doesn't bother me. Being away from him longer than I have to really does.

Why does it all have to be so difficult anyway? I mean it's not like we don't speak the same language. I dunno, guess that I'm just a little bit bitter! It should be easier, or at least faster!

[MissStacey 1]

Louisiana. I just got my Visa! I leave for the US on the 12th.

Just my opinion: If it was me, I would do the K1 (fiancee)

Enter on a K1- have a quicky marriage, and file the EAD and AOS. You can always have a big Ceremony later if you want the church, family and friends.

It is the fastest way to be together, and as long as your fiancee doesn't mind supporting you while you don't work, and you don't mind paying the money for the AOS and EAD- the prices are about to go up.

[TheATeam 0]

Arrrghhh! Now isn't that the way it's going to be huh? Do I want to spend less money but wait longer or spend more money and be with him faster? Hmmmm... I think it's definitely the latter, but we're going to have to see how HE feels about that!

I'm super happy for you that you got your visa Stacey! How exciting that must be to know that you don't ever have to say your see you laters at the airport ever again. We go through that once a month and it doesn't ever seem to get easier, that's for sure. We'll make it though, that's one thing I know for sure.

You know, even though this is a real pain in the butt, I realize that you have to be really committed and really in love with a person in order to go through this. I mean, it's not easy to wait this long while the paperwork goes, or to spend all that money. At least we both know that we really love each other and want to be together forever! Man I can't wait!

[bowflex 0]

The K are usually faster, but if you're not lucky enough to get the Vancouver Consulate, I'd say go for the CR. My wife just came back to the States on Tuesday, and she's already able to work, just filed for her Social Security Number and her driver's license, and she doesn't have to worry about filing for AOS and paying all that money. Either way you go good luck!

[TheATeam 0]

Hmm... There's not an option as to which consulate huh? I mean, it doesn't make a difference that I'm here on the Western side of Canada as opposed to all the way over on the East? I would think that would have some bearing on how they direct the applications. Wouldn't that make sense?

Congrats bowflex! That's awesome that your wife is down there with you! I'm excited for the day when I can say that I'm down with my sweetie too!