Where to start?? Advice Please.

[joules 0]

Hello - I'm new here so hopefully there is no overlap. I would appreciate some help on where to start. A little about our situation...

I am married to a dual Canadian / US citizen. My husband was born in Canada and has never lived in the US, but because his Mother is a US citizen, he was able to obtain a US citizenship. We now want to move to Denver CO, and are wondering where to start?? We would like to sell out property and buy down there, and are committed to living in Denver for at least 3 years. I would like to have the option of working but not have to. Our plan is to move Spring / Summer 2008. After some research on this board and others similar, it looks like a K3 visa is what I need to try and get. So my questions are:

1. K3 Visa - how long does it typically take to get approved? How much $$?

2. How often do I need to renew it?

3. Would I be able to work? Do I have to work?

We would really appreciate any advice as we are feeling slightly overwhelmed. Thanks so much!!!

[pushbrk 13,073]

Hello - I'm new here so hopefully there is no overlap. I would appreciate some help on where to start. A little about our situation...

I am married to a dual Canadian / US citizen. My husband was born in Canada and has never lived in the US, but because his Mother is a US citizen, he was able to obtain a US citizenship. We now want to move to Denver CO, and are wondering where to start?? We would like to sell out property and buy down there, and are committed to living in Denver for at least 3 years. I would like to have the option of working but not have to. Our plan is to move Spring / Summer 2008. After some research on this board and others similar, it looks like a K3 visa is what I need to try and get. So my questions are:

1. K3 Visa - how long does it typically take to get approved? How much $$?

2. How often do I need to renew it?

3. Would I be able to work? Do I have to work?

We would really appreciate any advice as we are feeling slightly overwhelmed. Thanks so much!!!

Start here: http://www.visajourney.com/forums/index.ph...om&page=dcf

[YuAndDan 153]

Hello - I'm new here so hopefully there is no overlap. I would appreciate some help on where to start. A little about our situation...

I am married to a dual Canadian / US citizen. My husband was born in Canada and has never lived in the US, but because his Mother is a US citizen, he was able to obtain a US citizenship. We now want to move to Denver CO, and are wondering where to start?? We would like to sell out property and buy down there, and are committed to living in Denver for at least 3 years. I would like to have the option of working but not have to. Our plan is to move Spring / Summer 2008. After some research on this board and others similar, it looks like a K3 visa is what I need to try and get. So my questions are:

1. K3 Visa - how long does it typically take to get approved? How much $$?

2. How often do I need to renew it?

3. Would I be able to work? Do I have to work?

We would really appreciate any advice as we are feeling slightly overwhelmed. Thanks so much!!!

Start here: http://www.visajourney.com/forums/index.ph...om&page=dcf

DCF is made complicated by the fact that husband has never lived in the USA, (CAN YOU SAY DOMICILE?) Without US Domicile the husband wont be able to file the REQUIRED I-864 affidavit of support.

The first thing your husband will need to do is establish a domicile in the USA as well as file an IRS return, he is exempt from paying income taxes on foreign income, but is not exempt from filing IRS returns. A return or a good explanation why a return was not filed is also a requirement of the I-864.

A good read on this is: http://travel.state.gov/pdf/I-864GenInfo-FAQ-Final.pdf

[joules 0]

Thanks for info so far, very helpful.

- Is it possible for my husband to apply on my behald for a Visa while we are both in Canada? We were under the impression that we won't have to be apart during this application phase.

Thanks!

[YuAndDan 153]

Thanks for info so far, very helpful.

- Is it possible for my husband to apply on my behald for a Visa while we are both in Canada? We were under the impression that we won't have to be apart during this application phase.

Thanks!

He can by filing the I-130 at the nearest US Consulate, and while waiting for it to be processed, he must begin the process of establishing a US domicile, (Job offer, lease on an apartment, file a late IRS retuen, etc...). DCF is your best choise, it is fairly quick compared to other visa types, and you the Canadian citizen will get Lawful Permanent Residence status (Green-Card) upon entry, allowing you to work, and re-entry to the USA when traveling out of the country.

Also if you have been married more than 2 years, the visa type from DCF will be IR-1, which is un-conditional LPR (10 year permanent Green-card)

I would not do the K-3, because of the cost involved in adjusting status from K-3 to LPR ($1010)

[joules 0]

Great info - thank you so much.

With your advice in mind, the first step my husband should do s file the IR-1 (we have been married 5 years) at the closest US consolate. Fortunaltley for us, there is one in our home city. Can I enter the US before my application is approved if my husband gets a job? Or will we have to be apart. Sorry for all of the questions.

[YuAndDan 153]

Great info - thank you so much.

With your advice in mind, the first step my husband should do s file the IR-1 (we have been married 5 years) at the closest US consolate. Fortunaltley for us, there is one in our home city. Can I enter the US before my application is approved if my husband gets a job? Or will we have to be apart. Sorry for all of the questions.

You can visit while the visa is being processed, you may need to demonstrate a strong reason to return to Canada before your visit period is up.

The following documents are generally useful to help establish ties:

If you are working in Canada, you should bring:

• Letters of employment showing date of hire, salary, hours worked per week, and amount of time on the job

• 5 most recent pay slips and recent tax documents

• Bank statements

http://montreal.usconsulate.gov/content/co...rting_documents

[Chica Yeyé 41]

He can by filing the I-130 at the nearest US Consulate, and while waiting for it to be processed, he must begin the process of establishing a US domicile, (Job offer, lease on an apartment, file a late IRS retuen, etc...). DCF is your best choise, it is fairly quick compared to other visa types, and you the Canadian citizen will get Lawful Permanent Residence status (Green-Card) upon entry, allowing you to work, and re-entry to the USA when traveling out of the country.

Also if you have been married more than 2 years, the visa type from DCF will be IR-1, which is un-conditional LPR (10 year permanent Green-card)

I would not do the K-3, because of the cost involved in adjusting status from K-3 to LPR ($1010)

YuandDan... DCF is not quicker than the other visas when processed in Canada. from my own DCF experience I can tell you that. It takes between 5-7 months to be granted an interview after paperwork submission. Check out both the Canada and the DCF forum for more specific information. We're here for you!!!!

Peace, L.

[pushbrk 13,073]

He can by filing the I-130 at the nearest US Consulate, and while waiting for it to be processed, he must begin the process of establishing a US domicile, (Job offer, lease on an apartment, file a late IRS retuen, etc...). DCF is your best choise, it is fairly quick compared to other visa types, and you the Canadian citizen will get Lawful Permanent Residence status (Green-Card) upon entry, allowing you to work, and re-entry to the USA when traveling out of the country.

Also if you have been married more than 2 years, the visa type from DCF will be IR-1, which is un-conditional LPR (10 year permanent Green-card)

I would not do the K-3, because of the cost involved in adjusting status from K-3 to LPR ($1010)

YuandDan... DCF is not quicker than the other visas when processed in Canada. from my own DCF experience I can tell you that. It takes between 5-7 months to be granted an interview after paperwork submission. Check out both the Canada and the DCF forum for more specific information. We're here for you!!!!

Peace, L.

Wow, only 5-7 months. What a dream timeline.

All things are relative.

In all seriousness, it would be good to check out all your options by clicking on "Guides" at the top of any page here. I gave the DCF guide as a starting place.

Edited August 28, 2007 by pushbrk

[joules 0]

Would it be worth our while to get a immigration lawyer - all this paper work seems like a nightmare! Any recommendations? How much $$?

[edp333 9]

Would it be worth our while to get a immigration lawyer - all this paper work seems like a nightmare! Any recommendations? How much $$?

http://www.visajourney.com/forums/index.php?showtopic=84581