Need help on starting CR1 process with my future Canadian wife

[ivision413 8]

Hello, 

I am a US citizen, and my future wife is Canadian. And, I found that the simplest way for her to get permanent residency in the US is through CR1 visa.

But, I have several concerns regarding that.

 

1) I know Canadians can freely travel to the US for 90 days with ESTA. She will be coming here and get married. After getting the marriage certificate, we will fill a petition for CR1 visa. After filing the form, is she going to be OK staying with me in the US until the visa is approved?

2) While the petition is in progress, is it okay for her to travel outside of the US?

3) I know the processing time got much longer now. But, I know it varies by many factors. Do you know how long does it take for Canadians to get the visa usually?

4) Does it matter whether you marry (including marriage certificate) in Canada or in the USA?

 

Thanks for looking over my questions!

Merry Christmas!

Edited December 23, 2021 by ivision413

[Boiler 45,467]

Canadians do not use the VWP (ESTA) they certainly can seek to visit but can not stay here. She should make sure she has evidence of her ties to Canada, Job, Property whatever showing that she will leave after her visit. A visa is used to enter the US so she will interview in Canada to obtain an Immigrant Visa.

 

Not relevant

 

12 to 18 months?

 

No

 

Good Luck!

 

 

 

 

 

 

 

[Verrou 1,962]

1. no. she has to go back to canada

2. for CR1, she cant be in US

3. 1-2 years roughly 

4. no it doesnt matter

[ivision413 8]

Right, but I thought Canadians can travel in the US for up to 6 months. While visiting in the US, we can file the petition for CR1. And, while this is in progress, you can legally stay in the US.

https://ca.usembassy.gov/visas/do-i-need-a-visa/#:~:text=Canadian visitors are generally granted,U.S. Citizenship and Immigration Service.

[Boiler 45,467]

2 minutes ago, ivision413 said:

Right, but I thought Canadians can travel in the US for up to 6 months. While visiting in the US, we can file the petition for CR1. And, while this is in progress, you can legally stay in the US.

https://ca.usembassy.gov/visas/do-i-need-a-visa/#:~:text=Canadian visitors are generally granted,U.S. Citizenship and Immigration Service.

You can certainly file an I 130 to obtain an Immigrant Visa, does not matter whether she is in US or Canada but that gives her no right to stay.

 

[ivision413 8]

15 minutes ago, Boiler said:

You can certainly file an I 130 to obtain an Immigrant Visa, does not matter whether she is in US or Canada but that gives her no right to stay.

 

Right, that's why you want to file I-129F (K-3 visa) in addition to filing I-130 (CR1 visa) for her to lawfully stay in the US, correct?

Edited December 23, 2021 by ivision413

[Crazy Cat 41,836]

23 minutes ago, ivision413 said:

Right, but I thought Canadians can travel in the US for up to 6 months. While visiting in the US, we can file the petition for CR1. And, while this is in progress, you can legally stay in the US.

https://ca.usembassy.gov/visas/do-i-need-a-visa/#:~:text=Canadian visitors are generally granted,U.S. Citizenship and Immigration Service.

She can visit during the process at the discretion of CBP.  She cannot live in the US until she receives her CR-1 visa.

3 minutes ago, ivision413 said:

Right, that's why you want to file I-129F (K-3 visa) in addition to filing I-130 (CR1 visa) for her to lawfully stay in the US, correct?

That will not work.  K3 visas are not being issued.  The I-129f will be closed administratively....and proceed as a CR-1. 

Edited December 23, 2021 by Crazy Cat

[Boiler 45,467]

3 minutes ago, ivision413 said:

Right, that's why you want to file I-129F (K-3 visa) in addition to filing I-130 (CR1 visa) for her to lawfully stay in the US, correct?

That would theoretically get her a K3 visa, not a good route, takes the same sort of time and in practice they are administratively closed when the I 130 is approved. I think less than 5 were approved in the last year.

[ivision413 8]

14 minutes ago, Crazy Cat said:

She can visit during the process at the discretion of CBP.  She cannot live in the US until she receives her CR-1 visa.

That will not work.  K3 visas are not being issued.  The I-129f will be closed administratively....and proceed as a CR-1. 

What do you mean by "not being issued"? The US gov't does not issue K-3 visa anymore?

I still see that option in the gov't website: https://www.uscis.gov/i-129f

Edited December 23, 2021 by ivision413

[Crazy Cat 41,836]

14 minutes ago, ivision413 said:

What do you mean by "not being issued"? The US gov't does not issue K-3 visa anymore?

I still see that option in the gov't website: https://www.uscis.gov/i-129f

It is listed as an option.  However, K3s have been in a steady decline for several years....not because people haven't applied......because they are almost always closed.  In FY 2019, there were only 5 issued world-wide.  To my knowledge, none have been issued since.  K-3s are simply obsolete.

 

Edited December 23, 2021 by Crazy Cat

[Crazy Cat 41,836]

[ivision413 8]

6 minutes ago, Crazy Cat said:

It is listed as an option.  However, K3s have been in a steady decline for several years....not because people haven't applied......because they are almost always closed.  In FY 2019, there were only 5 issued world-wide.  To my knowledge, none have been issued since.  K-3s are simply obsolete.

 

So then, what options do I have?

[Crazy Cat 41,836]

10 minutes ago, ivision413 said:

So then, what options do I have?

If married, CR-1 spousal visa

You can start the process immediately after marriage.  Your spouse can visit during the process (at the discretion of CBP).  The process is currently taking 12-24 months.  Upon entry via the CR-1, your wife will immediately become a legal resident with full LPR rights.  

Edited December 23, 2021 by Crazy Cat

[Crazy Cat 41,836]

Let me throw this in here, too.  K-1 visas are available for unmarried couples, but they are far, far inferior to a spousal visa:

 

Every couple has their own priorities, and each couple must decide which visa is better for their situation.

K-1        
    More expensive than CR-1    
    Requires Adjustment of Status after marriage (expensive and requires a lot of paperwork)    
    Spouse can not leave the US until she/he receives approved Advance Parole (approx 6-8 months)    
    Spouse can not work until she/he receives EAD (approx 6-8 months)    
    Some people have had problems with driver licenses, Social Security cards, leases, bank account during this period    
    Spouse will not receive Green Card for many months after Adjustment of Status is filed.
    A denied K-1 is sent back to USCIS to expire
  

CR-1
    Less expensive than K-1    
    No Adjustment of Status(I-485, I-131, I-765) required.    
    Spouse can immediately travel outside the US    
    Spouse is authorized to work immediately upon arrival.    
    Spouse receives Social Security Card and Green Card within 2 or 3 weeks after entering the US    
    Opening a bank account, getting a driver's license, etc. are very easily accomplished with GC, SS card, and passport.

    Spouse has legal permanent Resident status IMMEDIATELY upon entry to US.
  �

 

[ivision413 8]

11 minutes ago, Crazy Cat said:

If married, CR-1 spousal visa

You can start the process immediately after marriage.  Your spouse can visit during the process (at the discretion of CBP).  The process is currently taking 12-24 months.  Upon entry via the CR-1, your wife will immediately become a legal resident with full LPR rights.  

My question is, can she stay in the US while this is in process?