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Delicia

K-3 vs IR-1

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Filed: AOS (apr) Country: Chile
Timeline

My husband and I are still debating this dilemma. If money isn't the object, but we want the options for my husband to be able to visit me in the U.S. (he is a Canadian PR, Chilean citizen) during the process, what are the pros/cons of these options?

A little history: We married 2 years ago after a 3-4 year long long distance relationship (we are not really sure when our friendship turned romantic, but its a conservative estimate). I moved to Canada with my son and we started the Canadian PR process. Needless to day, 2 years later, having no first stage approval and out of funds, I found a job back in the states and recently moved back and started working. My husband and son stayed in Toronto so husband could continue working and son will come to live with me when the school year is complete. My FOSS notes from the Canadian PR application process indicate that the Immigration Officers didn't like our significant age difference (I am older) and that is more than likely the reason for the huge delay in the process. All other information regarding the Canadian process (criminal history, background checks, medical, etc) were approved by CIC. We withdrew my application for Canadian PR a few weeks ago and are waiting on a refund of fees. My husband is currently in process for Canadian citizenship, but that process can take up to 1 year.

My husband currently has a B1/B2 visa to allow him entry for visits into the U.S. valid until 2010. I know that there is no AOS on this type of visa, but he can come and go out of short visits to the U.S. without problems.

In short, we want to find the quickest way to get him to the U.S. while having the ability to visit during the process. It would be bonus to have him able to work as soon as he gets here as well. So, voice your thoughts about this wonderful process you are undergoing now so we can make a decision and get off the fence already.

thanks for your help, it is very much appreciated

My blog

10/01/2005: Married in Toronto

02/15/2006: Began Canadian Immigration

09/19/2007: Withdrew CIC application (they still hadn't processed anything)

10/01/2007: Moved back to U.S.

----------------------------------------------------------------------------------

IR-1 application through Montreal Consulate

10/26/2007: I-130 mailed to CA Service Center

10/29/2007: USPS confirmation of receipt of I-130

02/13/2008: NOA-1 received (107 days)

07/02/2008: I-130 approved

07/22/2008: AOS filed including EAD and AP

07/25/2008: NOA-1s for all 3 received

08/20/2008: Biometrics appointment

08/22/2008: Received RFE for Affadivit of Support and Medical

10/21/2008: Submitted I-865W in lieu of co-sponsor and medical info to NSC

11/14/2008: online case status not updated since filing of AOS in July 2008

01/20/2009: Received another RFE for Affadavit of Support Info

02/02/2009: Responded to RFE with brand new AOS based on 2008 tax return (if that doesn't shut them up, dunno what will)

02/19/2009: EAD card received in mail (no updates on Online Case Status ever made)

02/23/2009: AP received (again, no online updates)

02/26/2009: Received interview appointment letter for 4/6/09

04/06/2009: AOS approved for unconditional GC

04/21/2009: GC received

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Filed: Timeline

If I were you, I'd do IR-1.- At the end, it saves you a whole bunch of trouble and you can work right away (once you have your SSN). Sorry to hear CIC was such a pain... I had to deal with them to change from a study permit to a work permit "for accompanying spouse of foreign student" when I finished grad school and married Bren, and they actually LOST all my paperwork!!! :angry::angry:

As for visiting, as long as hubby has ties to Canada (job, lease, etc); it seems not to be a problem, though it does depend on the mood of the folks at the POE he uses each time. Good luck, L.

Edited by Len_and_Bren
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Filed: IR-1/CR-1 Visa Country: Canada
Timeline

When it comes to the K3 and Ir-1 going through Montreal, I think time wise they are pretty close. BUT if u had lived in Manitoba and west, the K3 would have gone through Vancouver,which is much faster!! oh well

Once one applies for the K3 or IR-1, is the B1/B2 still valid???

And keep in mind with the K3, one can't work right away. Best of luck

Canadians Visiting the USA while undergoing the visa process, my free advice:

1) Always tell the TRUTH. never lie to the POE officer

2) Be confident in ur replies

3) keep ur response short and to the point, don't tell ur life story!!

4) look the POE officer in the eye when speaking to them. They are looking for people lieing and have been trained to find them!

5) Pack light! No job resumes with you

6) Bring ties to Canada (letter from employer when ur expected back at work, lease, etc etc)

7) Always be polite, being rude isn't going to get ya anywhere, and could make things worse!!

8) Have a plan in case u do get denied (be polite) It wont harm ur visa application if ur denied,that is if ur polite and didn't lie! Refer to #1

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