A Canadian Girls Marries an American Boy

[Sephiria 0]

Alright my story is simple, I met my fiance in Texas... we were married 6 weeks after we've been together. Except my visa ran out and I had to return to Canada. This is probably one of the strangest list of questions ever and I'm sure they've been answered elsewhere but for the life of me it's not sinking in properely. Sorry to anyone if they have to repeat answers.

Now I'm in Canada, he's in Texas and I want to go back.

(1) So here's the pickle now... the immigration officer I saw messed up my passport so it said I had to return on October 28 when I clearly said I was returning on November 2. Will this affect my application at all?

(2) I just filled out my I-130 form, our marriage licence hasn't returned stamped or sealed yet so should I hold off on sending it in?

(3) It makes mention of my I-94 information but I don't have it, what do I do for that field? Is it okay for me to leave it blank?

(4) I want to visit him soon, should I wait until the paperwork is done or just go?

(5) What are the advantages of the I-129 vs the I-130? Is one faster then the other?

(6) I really have no idea what I'm doing here or what paperwork I need to fill out. Hopefully someone can put me on some sort track.

Edited November 10, 2009 by Sephiria

[pushbrk 12,882]

Alright my story is simple, I met my fiance in Texas... we were married 6 weeks after we've been together. Except my visa ran out and I had to return to Canada. This is probably one of the strangest list of questions ever and I'm sure they've been answered elsewhere but for the life of me it's not sinking in properely. Sorry to anyone if they have to repeat answers.

Now I'm in Canada, he's in Texas and I want to go back.

(1) So here's the pickle now... the immigration officer I saw messed up my passport so it said I had to return on October 28 when I clearly said I was returning on November 2. Will this affect my application at all?

(2) I just filled out my I-130 form, our marriage licence hasn't returned stamped or sealed yet so should I hold off on sending it in?

(3) It makes mention of my I-94 information but I don't have it, what do I do for that field? Is it okay for me to leave it blank?

(4) I want to visit him soon, should I wait until the paperwork is done or just go?

(5) What are the advantages of the I-129 vs the I-130? Is one faster then the other?

Unless you are from West of Manitoba, there is not time to be saved by following the I-130 with the K3. This forum is full of discusson on that topic.

What you are waiting for is a marriage certificate. You had a license already or you wouldn't have gotten married. Don't confuse the two.

Anything unknown, you write "unknown".

I wouldn't expect a problem with what I think you meant to describe as leaving three days late. I doubt it will come up. What's more important is "why" such a date was written in your passport. Don't gloss over such things. What's the reason?

You can probably visit. If you are not allowed in, you'll have a clue as to the answer to your first question.

[Sephiria 0]

(1) I'm west of Manitoba, but east of Vancouver

(2) Wait for the marriage certificate... got it.

(3) Wow I misread that. I arrived in the states on the 28th, and left on teh 2nd. I don't have anything else paper wise. They didn't write anything on my passport either.

(4) So I need to file a K3 as well?

I'm filling out the form electronically and I don't know what to fill in for the I94 stuff and I can't really fill in "unknown" what do I do?

Edited November 10, 2009 by Sephiria

[Sephiria 0]

Sorry for the double post mods but for some reason I can't edit my post.

I'm just having a bit of confusion regarding the K3 form: Am I supposed to file it or is my husband or will it come automatically in the mail?

[canadian_wife 1,822]

Since you're interview will be in Vancouver, it is beneficial for your husband, the USC, to file the I-129F after you have filed and recieved your Notice of Action, for the I-130

Again, the USC will file both petitions

Good luck.

[pushbrk 12,882]

(1) I'm west of Manitoba, but east of Vancouver

(2) Wait for the marriage certificate... got it.

(3) Wow I misread that. I arrived in the states on the 28th, and left on teh 2nd. I don't have anything else paper wise. They didn't write anything on my passport either.

(4) So I need to file a K3 as well?

I'm filling out the form electronically and I don't know what to fill in for the I94 stuff and I can't really fill in "unknown" what do I do?

You are not currently in the USA, so no need to put anything on the I-130 about your I-94.

You don't "need" to file an I-130. Since you COULD interview for a K3 in Vancouver but MUST interview for the CR1 in Montreal, you have some things to consider. While you're waiting for the marriage certificate, I suggest you read some of the threads here discussing the K3 issue. With the new electronic filing procedures at the National Visa Center, NVC, I'm not sure the old CR1 interview scheduling delay will be a factor in Montreal, so there may well be no time to save with a K3.

The big difference is with CR1, you enter the USA fully work authorized and your green card comes in the mail within a month. With K3, you won't have work authorization for several months and must endure a second immigration process inside the US to get the green card and work authorization. The filing fee alone for that is $1010.

[Sephiria 0]

*reads that and feels her head explode*

First and foremost, thank you for your prompt reply. Secondly... holy heck.

I have no idea really what I'm doing, how does one set up an interview for this?

This is what I'm understanding, please correct me if I'm wrong.

I-130 >>> optional but from what you're telling me just ditch it

K-3 >>> go in for an interview (how does one really go in for an interview... just call them? Do I do it in writing?)

[pushbrk 12,882]

*reads that and feels her head explode*

First and foremost, thank you for your prompt reply. Secondly... holy heck.

I have no idea really what I'm doing, how does one set up an interview for this?

This is what I'm understanding, please correct me if I'm wrong.

I-130 >>> optional but from what you're telling me just ditch it

K-3 >>> go in for an interview (how does one really go in for an interview... just call them? Do I do it in writing?)

Your head is exploding because you haven't yet read the guides and have no idea about the process. Start by clicking on the word Guides at the top of any page here. Then, read the CR1/IR1 guide.

The I-130 is mandatory. The I-129F for a K3 result is optional and I'm recommending against it. Regardless, any "interview" comes at the end of a 5 to 8 month process that begins with the US Citizen filing an I-130 petition.

A brief overview of the spouse visa process to get a faster snapshot of the process can be found here. Skip the fiance(e) section.

http://www.fianceandspousevisa.com/Visa_FAQ.html

Edited November 10, 2009 by pushbrk