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What immigration path should I choose? Canadian with US Fiance - K1 visa?

By laura2020 in What Visa Do I Need - Family Based Immigration

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laura2020 Newbie

laura2020   0

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Hi,

 

This website was recommended to me by a lovely woman I met on an airplane earlier today...

 

I am Canadian, 6.5 months pregnant (planning to have my baby in Canada in December 2020)

Fiance is American citizen

 

Our plan was to apply for the K1 this month in hopes of being approved Jan/Feb 2020 and I can move there with our baby girl.

 

After reading everyones posts I just don't know what to do. 

 

Our situation is pretty normal... similar age, religion and looks.  A friendship of over 6 years with pictures and trips to prove it.  A relationship for a year where we see eachother once a month.. and now a baby together (soon).  Nothing weird that would cause a red flag.  

 

I don't want to spend months with our newborn being without him.  I am about to sell my place in Toronto and we just bought a place in his state (only his name on the title/mortgage for now).

 

Any advice on what I should do?  

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Ryan H Grand Master

Ryan H   3,812

Posted
Filed: Lift. Cond. (apr) Country: China
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17 minutes ago, laura2020 said:

Our plan was to apply for the K1 this month in hopes of being approved Jan/Feb 2020 and I can move there with our baby girl.

 

I'm surmising you meant 2021.

 

Don't plan on that on that timeframe.  The Consulate in Montreal (where your interview will ultimately take place) had a substantial backlog of cases that was only exacerbated by the COVID-19 situation.

Our journey:

Spoiler

September 2007: Met online via social networking site (MySpace); began exchanging messages.
March 26, 2009: We become a couple!
September 10, 2009: Arrived for first meeting in-person!
June 17, 2010: Arrived for second in-person meeting and start of travel together to other areas of China!
June 21, 2010: Engaged!!!
September 1, 2010: Switched course from K1 to CR-1
December 8, 2010: Wedding date set; it will be on February 18, 2011!
February 9, 2011: Depart for China
February 11, 2011: Registered for marriage in Wuhan, officially married!!!
February 18, 2011: Wedding ceremony in Shiyan!!!
April 22, 2011: Mailed I-130 to Chicago
April 28, 2011: Received NOA1 via text/email, file routed to CSC (priority date April 25th)
April 29, 2011: Updated
May 3, 2011: Received NOA1 hardcopy in mail
July 26, 2011: Received NOA2 via text/email!!!
July 30, 2011: Received NOA2 hardcopy in mail
August 8, 2011: NVC received file
September 1, 2011: NVC case number assigned
September 2, 2011: AOS invoice received, OPTIN email for EP sent
September 7, 2011: Paid AOS bill (payment portal showed PAID on September 9, 2011)
September 8, 2011: OPTIN email accepted, GZO number assigned
September 10, 2011: Emailed AOS package
September 12, 2011: IV bill invoiced
September 13, 2011: Paid IV bill (payment portal showed PAID on September 14, 2011)
September 14, 2011: Emailed IV package
October 3, 2011: Emailed checklist response (checklist generated due to typo on Form DS-230)
October 6, 2011: Case complete at NVC
November 10, 2011: Interview - APPROVED!!!
December 7, 2011: POE - Sea-Tac Airport

September 17, 2013: Mailed I-751 to CSC

September 23, 2013: Received NOA1 in mail (receipt date September 19th)

October 16, 2013: Biometrics Appointment

January 28, 2014: Production of new Green Card ordered

February 3, 2014: New Green Card received; done with USCIS until fall of 2023*

December 18, 2023:  Filed I-90 to renew Green Card

December 21, 2023:  Production of new Green Card ordered - will be seeing USCIS again every 10 years for renewal

 

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geowrian Grand Master

geowrian   22,337

Posted
Filed: Lift. Cond. (pnd) Country: Philippines
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Posted

Jan/Feb 2021 is not even close to realistic if you haven't started the process yet. Honestly, it would likely be closer to the start of 2022 than the start of 2021.

 

The options are to do a K-1 visa or to get married and do a CR-1 visa. CR-1 generally takes a little longer, but is cheaper and offers key benefits (i.e. can work/travel abroad/etc. right away). A K-1 holder won't be able to work or travel abroad for probably 6+ months after entry and filing the additional immigration paperwork once in the US.

You may continue to visit each other during the process, subject to CBP inspection as always.

Timelines:

ROC:

Spoiler

7/27/20: Sent forms to Dallas lockbox, 7/30/20: Received by USCIS, 8/10 NOA1 electronic notification received, 8/1/ NOA1 hard copy received

AOS:

Spoiler

AOS (I-485 + I-131 + I-765):

9/25/17: sent forms to Chicago, 9/27/17: received by USCIS, 10/4/17: NOA1 electronic notification received, 10/10/17: NOA1 hard copy received. Social Security card being issued in married name (3rd attempt!)

10/14/17: Biometrics appointment notice received, 10/25/17: Biometrics

1/2/18: EAD + AP approved (no website update), 1/5/18: EAD + AP mailed, 1/8/18: EAD + AP approval notice hardcopies received, 1/10/18: EAD + AP received

9/5/18: Interview scheduled notice, 10/17/18: Interview

10/24/18: Green card produced notice, 10/25/18: Formal approval, 10/31/18: Green card received

K-1:

Spoiler

I-129F

12/1/16: sent, 12/14/16: NOA1 hard copy received, 3/10/17: RFE (IMB verification), 3/22/17: RFE response received

3/24/17: Approved! , 3/30/17: NOA2 hard copy received

 

NVC

4/6/2017: Received, 4/12/2017: Sent to Riyadh embassy, 4/16/2017: Case received at Riyadh embassy, 4/21/2017: Request case transfer to Manila, approved 4/24/2017

 

K-1

5/1/2017: Case received by Manila (1 week embassy transfer??? Lucky~)

7/13/2017: Interview: APPROVED!!!

7/19/2017: Visa in hand

8/15/2017: POE

 

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HRQX Veteran

HRQX   4,145

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2 hours ago, laura2020 said:

Any advice on what I should do?

You can visit the US and get married during that trip:

The US citizen can also submit I-130 during your US trip: "The beneficiary will not apply for adjustment of status in the United States, but he or she will apply for an immigrant visa abroad at the U.S. Embassy or U.S. Consulate in" "Montreal, Canada"

 

To visit the US you should fly-in because of the land border restrictions:

 

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Strawberrymermaid Collaborator

Strawberrymermaid   346

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Filed: IR-1/CR-1 Visa Country: Russia
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11 hours ago, laura2020 said:

 

 

I am Canadian, 6.5 months pregnant (planning to have my baby in Canada in December 2020)

Fiance is American citizen

 

Our plan was to apply for the K1 this month in hopes of being approved Jan/Feb 2020 and I can move there with our baby girl.

 

 

Congrats on the pregnancy.. so exciting!

As much as I've learned so far is you cannot have a timeframe in mind, and with the COVID situation, it makes it even more uncertain. Immigration will be a long, excruciating process so I would plan on not being able to come to the US for awhile. Have in mind to get that sweet baby settled in Canada for a year or so at least.

 

Best of luck to you.

Found love, thought I wanted this path, two years later realized my partner was not worth all the stress 😁

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