Spousal immigration vs. grad school woes

[Paul & Ilona 0]

Hello everyone,

I've been married to a lovely Canadian woman for 5 months now, and we're looking to begin the immigration process to bring her to the States. Problem being, I will likely begin graduate school in an as yet to be determined other state than the one I currently reside in.

Some fun facts about our situation:

We originally thought that I would apply to both Canadian and American graduate schools and then simply apply for paperwork in whichever country I got the best funding offer.

I had been living in Canada since June 15th with my wife with no job as I had no legal status. We lived in her folk's house for free. She worked the whole time. We have joint bank accounts and credit lines.

I came home to the States for a 3 week visit and in the course of that decided that I no longer would apply to any Canadian schools. Thus the plan became to bring Ilona here, and I will remain here working and living at my parents' home for free.

I will in all likelihood have my parents co-sponsor Ilona, as I will be at best a PhD student living on a 16 grand stipend.

I'm applying to schools at the moment and will likely find out where I'll be accepted in the spring.

Now the worries:

Is there any particular benefit to our situation to apply for an IR/CR visa vs. a K3? My wife is certainly intent on working and living with me as soon as possible.

Is there any worry that if we begin the application process with me in Ohio at my folk's place that later on in the game I will have relocated to whatever state I'm attending school?

Should we be concerned about my income level vis-a-vis (no pun intended) sponsorship being dictated by my graduate scholar status? Is this concern obviated by my parents' cosponsorship--which exceeds the 125% poverty level many times over?

Are we idiots for even falling in love and marrying?

Thank you for this great resource. It's already helped and we haven't even filed yet.

-Paul

[C and J 1]

I am unsure about the implications of you changing State during the process.

The only "pro" for the K3 visa is that it is faster than the CR1/IR1. Depending on the embassy/consolute that you are going through, this can be by as little as a couple of months up to more than 6+ months difference. Check the Canadian regional forum and ask the time differences there It is a non-immigrant visa and it is a more expensive option as you would need to file for Adjustment of Status ($1010) and your wife would not be able to work for approximately 3 months after the AoS has been filed (this is the time it takes for employment authorisation).

An I130 is an immigrant visa. Your wife will have a green card within a short while of her entry into the States, she will also be able to work immediately.

If being together sooner is more important than cost, then the K3 is the route to go. If it is not, then go for the CR1/IR1.

And, nope, you're not idiots for falling in love It's just unfortunate that the people we fall in love with are so far away.

Edited November 26, 2007 by C and J

[pushbrk 12,898]

I am unsure about the implications of you changing State during the process.

The only "pro" for the K3 visa is that it is faster than the CR1/IR1. Depending on the embassy/consolute that you are going through, this can be by as little as a couple of months up to more than 6+ months difference. Check the Canadian regional forum and ask the time differences there It is a non-immigrant visa and it is a more expensive option as you would need to file for Adjustment of Status ($1010) and your wife would not be able to work for approximately 3 months after the AoS has been filed (this is the time it takes for employment authorisation).

An I130 is an immigrant visa. Your wife will have a green card within a short while of her entry into the States, she will also be able to work immediately.

If being together sooner is more important than cost, then the K3 is the route to go. If it is not, then go for the CR1/IR1.

And, nope, you're not idiots for falling in love It's just unfortunate that the people we fall in love with are so far away.

Changing states during the process will have no bearing on your case. The above is a good explanation of your options. I would only add that the K3 really isn't much faster if your case would go through Montreal instead of Vancouver. If you state your wife's province, I'm sure one of the Canadians will tell you which Consulate will handle your case. For CR1, it would be Montreal regardless.

Since it seems her working is pretty important though, I'd be leaning toward the CR1 anyway. As long as she retains her ties to Canada, she should be able to visit during the process, and of course, you can visit her.

[Paul & Ilona 0]

I've heard a lot of conflicting accounts and opinions about the likelihood of my wife getting across to visit while the visa processing is underway. She will most definitely retain her job that she's had for well over a year, yet will continue to live at her parents' as she always has. I suppose that's a slightly bigger risk of sending up a flag, as she doesn't have a lease, but what can you do?

Worst case scenario being that she goes to the border, tells the truth, and then gets denied entry because she's an immigration risk, and then sent back? That wouldn't have any effect on her pending visa, would it?

She's in Ottawa, so yes I do believe everything will be handled at the Montreal consulate.

I also believe that we're leaning more toward the CR visa, than the K3 given what everyone's said.

[pushbrk 12,898]

I've heard a lot of conflicting accounts and opinions about the likelihood of my wife getting across to visit while the visa processing is underway. She will most definitely retain her job that she's had for well over a year, yet will continue to live at her parents' as she always has. I suppose that's a slightly bigger risk of sending up a flag, as she doesn't have a lease, but what can you do?

Worst case scenario being that she goes to the border, tells the truth, and then gets denied entry because she's an immigration risk, and then sent back? That wouldn't have any effect on her pending visa, would it?

She's in Ottawa, so yes I do believe everything will be handled at the Montreal consulate.

I also believe that we're leaning more toward the CR visa, than the K3 given what everyone's said.

Getting turned away at the border as an immigrant risk doesn't impact your immigrant visa process. At least if she's flying from Ottawa, she'll get turned away before boarding the plane. There's usually a new thread every day here about visiting during the process, mostly from Canadians, so there's plenty to read on that score.

[Luckyswife2b 0]

Hello everyone,

I've been married to a lovely Canadian woman for 5 months now, and we're looking to begin the immigration process to bring her to the States. Problem being, I will likely begin graduate school in an as yet to be determined other state than the one I currently reside in.

Some fun facts about our situation:

We originally thought that I would apply to both Canadian and American graduate schools and then simply apply for paperwork in whichever country I got the best funding offer.

I had been living in Canada since June 15th with my wife with no job as I had no legal status. We lived in her folk's house for free. She worked the whole time. We have joint bank accounts and credit lines.

I came home to the States for a 3 week visit and in the course of that decided that I no longer would apply to any Canadian schools. Thus the plan became to bring Ilona here, and I will remain here working and living at my parents' home for free.

I will in all likelihood have my parents co-sponsor Ilona, as I will be at best a PhD student living on a 16 grand stipend.

I'm applying to schools at the moment and will likely find out where I'll be accepted in the spring.

Now the worries:

Is there any particular benefit to our situation to apply for an IR/CR visa vs. a K3? My wife is certainly intent on working and living with me as soon as possible.

Is there any worry that if we begin the application process with me in Ohio at my folk's place that later on in the game I will have relocated to whatever state I'm attending school?

Should we be concerned about my income level vis-a-vis (no pun intended) sponsorship being dictated by my graduate scholar status? Is this concern obviated by my parents' cosponsorship--which exceeds the 125% poverty level many times over?

Are we idiots for even falling in love and marrying?

Thank you for this great resource. It's already helped and we haven't even filed yet.

-Paul

Hello Paul!

What a great feeling to see that you've posted my most worried about question for my own case.

You see, I too am actually currently a GRADUATE SCHOOL STUDENT. And my father is also co-sponsoring, giving us free room and board (my fiance included) and he too makes well over the 125% minimum requirement.

BUT... I have been recently putting grad school on hold, trying desperately to find a J-O-B which makes at least something CLOSE to minimum salary requirement IN ADDITION TO MY FATHER'S CO-SPONSORING my fiance JUST IN CASE!!!

I am going nuts because I plan to visit my fiance and be there for the interview and stay with him there in AFrica until he gets his visa and can return to the U.S. with me!!! If I get a job soon, how will I be able to do that?????

So I obviously have some questions:

1) Should I put a hold on my education in order to work full time???

2) Would the powers that be (USCIS, etc.) allow my situation to go through IF I DO NOT WORK AT ALL (BUT ATTEND GRAD SCHOOL FULLTIME AND HAVE A CO SPONSOR WHO MEETS THE REQUIREMENTS???)

I am so frustrated!!!

Thanks for reading and thanks in advance for advice!!!

~ Stephanie