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Posted
Hello,

 

I had a few questions regarding my Canadian spouse immigrating to the USA, would greatly appreciate any help you can provide in clearing up some confusion we had. 

 

1. I’m an American citizen trying to sponsor my Canadian wife to live with me in the United States. We will be married in November. What would be the fastest way to allow her legal entry into the states? (K3 or CR1 or F1?) She will be visiting Florida in December and returning to Canada in February. What is the best way to ensure her entry into the states after traveling from Aruba and ensure that she can visit again with a pending Green card application? I want her to be able to travel to and from Canada as freely as possible during this process, attempting to avoid long-distance at all costs. Which visa application would give her this freedom? 

 

2. How long does CR-1 take to get approved? (at what point can she enter the US as an immigrant after applying?) 

 

3. Can she still freely enter the states with a pending CR-1 or K3 Visa application? How? And for how long at a time is safe? 

 

4. What are the chances her time of visiting will be restricted or denied? What can we do to help her case?

 

5. Will they consider appeals for personal reasons such as wanting to visit your spouse more often? Or promising to go back to Canada every 3 months (Providing a good track record as she has already traveled to the states once as an adult and left within a week)

 

6. Does good immigration credit improve her chances of entering as a visitor?

 

7. What other proof can she give to support her visitor visa and show that she will be returning to Canada? How can she tie herself to Canada but still visit for months at a time? Would an immigration officer question her work ties if she visits for multiple months quite often?

 

8. Which forms do we need to fill and can we submit them at once? Currently leaning towards the Cr-1.
 
Can my Canadian spouse visit me in the states while the cr1 is being processed? How do I ensure she does not encounter issues at the border?

 

Appreciate any help you can provide.

 

Best Regards,
 
Gup
Filed: Citizen (apr) Country: Taiwan
Timeline
Posted (edited)
31 minutes ago, gup said:
Hello,

 

I had a few questions regarding my Canadian spouse immigrating to the USA, would greatly appreciate any help you can provide in clearing up some confusion we had. 

 

1. I’m an American citizen trying to sponsor my Canadian wife to live with me in the United States. We will be married in November. What would be the fastest way to allow her legal entry into the states? (K3 or CR1 or F1?) She will be visiting Florida in December and returning to Canada in February. What is the best way to ensure her entry into the states after traveling from Aruba and ensure that she can visit again with a pending Green card application? I want her to be able to travel to and from Canada as freely as possible during this process, attempting to avoid long-distance at all costs. Which visa application would give her this freedom? K3 visas are obsolete.  No use even considering that one.  A CR-1 is the one which applies after you are married.  

 

2. How long does CR-1 take to get approved? (at what point can she enter the US as an immigrant after applying?) For a CR-1, 18-24 months is a reasonable estimate for time from filing to visa in hand.  It could take a little longer.  Other VJ members are currently reporting (based on member data input) 709 days on average from filing until interview.

 

3. Can she still freely enter the states with a pending CR-1 or K3 Visa application? How? And for how long at a time is safe? Every entry into the US is at the discretion of CBP.  No entry is guaranteed for a visitor. She must convince CBP (if asked) that she will return to Canada . 

 

4. What are the chances her time of visiting will be restricted or denied? What can we do to help her case? See #3 above.  

 

5. Will they consider appeals for personal reasons such as wanting to visit your spouse more often? Or promising to go back to Canada every 3 months (Providing a good track record as she has already traveled to the states once as an adult and left within a week) Every visit is at the discretion of the CBP offer monitoring her entry.  Do a lot of spouses visit during the visa process?  Yes.  Have any spouses ever been turned away at the border?  Yes.  The more time she spends in the US and the more visits she makes increases her chances of being scrutinized. 

 

6. Does good immigration credit improve her chances of entering as a visitor? Maybe, but there is no magic number of visits.  If a CBP officer suspects she is trying to live in the US or trying to enter for the purpose of staying  to adjust status, he/she can deny a visitor. 

 

7. What other proof can she give to support her visitor visa and show that she will be returning to Canada? How can she tie herself to Canada but still visit for months at a time? Would an immigration officer question her work ties if she visits for multiple months quite often? She needs documentation of strong ties to Canada.  Job, Lease, other commitments, etc.

 

8. Which forms do we need to fill and can we submit them at once? Currently leaning towards the Cr-1. See the guides section of this web site.  There is a pretty good guide there.
 
Can my Canadian spouse visit me in the states while the cr1 is being processed? How do I ensure she does not encounter issues at the border? Visiting is allowed assuming she can convince CBP of her intent to return to Canada.  See #7 above.

She cannot live in the US until she has a visa in hand, but she can visit as explained above.

She cannot enter the US as a visitor with the intent to stay and adjust status.

Appreciate any help you can provide.

 

Best Regards,
 
Gup

 

Here is a link to the spousal visa guide:

 

Edited by Crazy Cat

"The US immigration process requires a great deal of knowledge, planning, time, patience, and a significant amount of money.  It is quite a journey!"

- Some old child of the 50's & 60's on his laptop 

 

Senior Master Sergeant, US Air Force- Retired (after 20+ years)- Missile Systems Maintenance & Titan 2 ICBM Launch Crew Duty (200+ Alert tours)

Registered Nurse- Retired- I practiced in the areas of Labor & Delivery, Home Health, Adolescent Psych, & Adult Psych.

IT Professional- Retired- Web Site Design, Hardware Maintenance, Compound Pharmacy Software Trainer, On-site go live support, Database Manager, App Designer.

______________________________________

In summary, it took 13 months for approval of the CR-1.  It took 44 months for approval of the I-751.  It took 4 months for approval of the N-400.   It took 172 days from N-400 application to Oath Ceremony.   It took 6 weeks for Passport, then 7 additional weeks for return of wife's Naturalization Certificate.. 
 

Posted
35 minutes ago, gup said:
What would be the fastest way to allow her legal entry into the states? (K3 or CR1

Note that there have been zero K-3 visas issued since 03/20/2020https://travel.state.gov/content/travel/en/legal/visa-law0/visa-statistics/nonimmigrant-visa-statistics/monthly-nonimmigrant-visa-issuances.html

36 minutes ago, gup said:
Can she still freely enter the states with a pending CR-1

Each entry is at CBP's discretion

38 minutes ago, gup said:
Which forms do we need to fill and can we submit them at once? Currently leaning towards the Cr-1.

The form the US citizen files is Form I-130 and I recommend to do online filing: https://www.uscis.gov/i-130 It results in getting the Receipt notice way faster.

 

The Canadian will fill out I-130A spouse supplement and the US citizen will upload it:

Supplemental Information for Spouse Beneficiary (I-130A)

If you are filing for your spouse, he or she must complete and sign Supplemental Information for Spouse Beneficiary (I-130A). If your spouse is overseas, the I-130A must still be completed, but your spouse does not have to sign the I-130A.

 
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Filed: IR-1/CR-1 Visa Country: Canada
Timeline
Posted
On 9/10/2021 at 6:39 PM, gup said:
Hello,

 

I had a few questions regarding my Canadian spouse immigrating to the USA, would greatly appreciate any help you can provide in clearing up some confusion we had. 

 

1. I’m an American citizen trying to sponsor my Canadian wife to live with me in the United States. We will be married in November. What would be the fastest way to allow her legal entry into the states? (K3 or CR1 or F1?) She will be visiting Florida in December and returning to Canada in February. What is the best way to ensure her entry into the states after traveling from Aruba and ensure that she can visit again with a pending Green card application? I want her to be able to travel to and from Canada as freely as possible during this process, attempting to avoid long-distance at all costs. Which visa application would give her this freedom? CR1. Her best bet for freedom to be in the US while it processes is to get a TN (if she qualifies). Without qualifying for another visa while her CR1 processes there is no way to avoid long distance. 

 

2. How long does CR-1 take to get approved? (at what point can she enter the US as an immigrant after applying?) 1.5-2+ years. She can enter the US as an immigrant at the very end of the process when the visa is printed in her passport.

 

3. Can she still freely enter the states with a pending CR-1 or K3 Visa application? How? And for how long at a time is safe? Maybe, depends on how strong her ties to Canada are and if the officer is having a bad day. Up to 180 days at a time. It's generally recommended that she be in Canada for at least as long as she was in the US, if not double.

 

4. What are the chances her time of visiting will be restricted or denied? What can we do to help her case? No one can answer this, just be prepared with documentation showing ties to Canada. 

 

5. Will they consider appeals for personal reasons such as wanting to visit your spouse more often? Or promising to go back to Canada every 3 months (Providing a good track record as she has already traveled to the states once as an adult and left within a week). No.

 

6. Does good immigration credit improve her chances of entering as a visitor? Unknown but I wouldn't rely on it.

 

7. What other proof can she give to support her visitor visa and show that she will be returning to Canada? How can she tie herself to Canada but still visit for months at a time? Would an immigration officer question her work ties if she visits for multiple months quite often? Bring the things on this list. Also any documentation showing you are doing a CR1.

 

8. Which forms do we need to fill and can we submit them at once? Currently leaning towards the Cr-1. Check out the guides. 
 
Can my Canadian spouse visit me in the states while the cr1 is being processed? How do I ensure she does not encounter issues at the border? Yes. You can't.

 

Appreciate any help you can provide.

 

Best Regards,
 
Gup

I'd also recommend checking out the Canada forum. There's a good thread for people waiting for their interviews. That's not where you're at now, but it will help you be prepared for future stages of the process. 

I am not a lawyer and nothing I say is or should be taken as legal advice. 

 

CR1/IR1 Timeline:

 

Spoiler

Married: August 18th 2018

I-130 Sent: September 18th 2018

PD: September 20th 2018 TSC

NOA1 Received: October 5th 2018
Case Inquiry: July 13th 2019 

Case Inquiry Response: July 24th 2019 - in line for processing.

Escalated Case Inquiry: August 6th 2019 - tier 2 found that internal status was "in background check" despite results coming back 4 months prior.

Escalated Case Inquiry Response: August 7th 2019 - case was "delayed" because they had to "perform additional review" 🙄 case now with an officer.

NOA2: August 22nd 2019 (336 days)

Sent to DOS: September 5th 2019

NVC Received: September 13th 2019

Case Number: October 9th 2019

DS-260 Completed: October 28th 2019

NVC Docs Uploaded: October 29th 2019

DQ: December 18th 2019

Became IR1: August 18th 2020

IL: October 13th 2020

Interview: November 2nd 2020

Visa Received: November 5th 2020

POE: November 8th 2020

GC Received: January 23rd 2021

 

CR1/IR1 Montreal FAQ:https://docs.google.com/document/d/1k927pE5wqzTN5n0lPYZ1JQxgbmnzmNWX5hSteyii0BY/

Filed: Lift. Cond. (apr) Country: China
Timeline
Posted

Moved from Progress Reports to Process & Procedures.

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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