ForumTitleContentMemberSexCountryDate/Time
CanadaK3 vs. CR1
That is the way I thought it worked also from all the reading I have done. Once you get the k3 you can come and go as you please. You just can't work in the USA without filing the paperwork an having it approved. I believe once you file for aos then you must stay in the country until its approved or abandoned the k3 and go back to your home country and file it from home country.
DanapowersFemaleCanada2013-06-26 00:05:00
CanadaK3 vs. CR1
For me the cr1 is actually more expensive when I factor in time off work, the plane ticket, hotel, and food.

I am aware that I cannot leave for more than 6 months or a year at a time and need to be in the USA at least 6 + months a year.

I think you may be misinformed NikiR. I believe you can travel on the k3, but you cannot travel once you start the adjustment of status. Being able to be with my husband a month or two earlier possible if it did go through is a huge difference. I have already been apart from my husband for 5 months and another year would be very hard to do.




DanapowersFemaleCanada2013-06-25 21:47:00
CanadaK3 vs. CR1
Thank you for all the help so far. I will probably try and go the k3 route since if its not approved I will just get a cr1 anyways.

I was trying to find the step/routes to take AFTER a K3 visa is approved. I know a k3 visa is a multi entry visa, but I'm a little confused with the process of adjustment of status. I know I can pay and file a adjustment of status from within the USA, but am I not aloud to travel across the border until that is approved or am I free to cross back and forth throughout the whole process. I know there is a way of going back to my home country also but would that mean starting the cr1 visa from the beginning or is it crossing back for the day and coming back and automatically getting it and giving up my k3 visa all together?


DanapowersFemaleCanada2013-06-25 13:52:00
CanadaK3 vs. CR1
Would I fill out a I-129F (along with the i-130) for the K3 visa also even though its my husband who is the petitioner not my fiancée. I wanted to make sure this is correct.
DanapowersFemaleCanada2013-06-24 16:13:00
CanadaK3 vs. CR1
This is the message I got from the vancouver US embassy



You may be eligible to apply for a K3 visa if there is a delay processing your I-130 petition.
When both petitions (I-130 and I-129F) have been approved by USCIS and sent to the NVC or when USCIS approves the I-130 before the I-129F, the availability of, as well as the need for, a nonimmigrant K-3 visa ends. If the NVC receives both an approved I-130 petition and an approved I-129F petition:
· The nonimmigrant K-3 visa case will be administratively closed.
· The application process explained below will not be available to the foreign-citizen spouse and cannot be used.
· The NVC will contact the U.S. citizen sponsor and foreign-citizen spouse, with instructions for processing the IR-1 (or CR-1) immigrant visa. For more information on the immigrant visa process, review the Immigrant Visa for a Spouse webpage.
If the NVC receives the approved I-129F petition before it receives the I-130 petition, the NVC will process the I-129F petition. NVC will then send the I-129F petition to the U.S. Embassy or Consulate in the country where the marriage took place. If the marriage took place in the United States, the NVC will send the petition to the U.S. Embassy or Consulate that issues visas in the foreign-citizen spouses country of nationality. If the marriage took place in a country that does not have a U.S. Embassy, or the Embassy or Consulate does not issue visas, the NVC will send the petition to the U.S. Embassy or Consulate that normally processes visas for citizens of that country. For example, if the marriage took place in Iran where the U.S. does not have an Embassy or Consulate, the petition would be sent to Turkey.
The U.S. Embassy or Consulate where you, the foreign-citizen spouse, will apply will provide you with specific instructions, including, where to go for the required medical examination. During your interview, ink-free, digital fingerprint scans will be taken. Some visa applications require further administrative processing, which takes additional time after the visa applicants interview by a Consular Officer.
Eligible children of K-3 visa applicants may apply for K-4 visas. Separate applications must be submitted for each K visa applicant, and each K visa applicant must pay the visa application fee.
U.S. Consulate General
Vancouver, Canada
OP2














DanapowersFemaleCanada2013-06-24 11:25:00
CanadaK3 vs. CR1
It's appears on the Vancouver US embassy website that they still do, but I emailed them to find out. I am actually working around the corner from them today, but unfortunately they are not open on weekends.
DanapowersFemaleCanada2013-06-22 13:10:00
CanadaK3 vs. CR1
Yes I plan to do it ourselves. I only spoke to the lawyers to find out a little bit of information. It also shows how little they know when the one immigration lawyer said I cannot travel back and forth on the k-3 which is not true. Luckily I did not pay anything to ask them some questions. I am thankful for this place and am just trying to find a step by step guide for the k3
DanapowersFemaleCanada2013-06-22 12:52:00
CanadaK3 vs. CR1
Yes. I have compared it as per the chart. I need to still weigh the pros and cons. I am lucky though to have the medical center about a 15 minute drive from my house. I thought if the immigration lawyer offered me the k-3 as an option that it still should be in existence, just for most people cr1 is a better option. As I said I don't need to work there right away and live close enough to the border that I can commute to work in Canada. Also the flight alone to Quebec is an extra $700 so they k-3 if possible is cheaper, although more paperwork.

I am definately flagged at the border. The last border guard even gave me a hard time for carrying my whole vitamin bottle in my bag instead of just having it in a bag (figured its also better because they can see what the pills are). Going to different borders is not an option. I was working closer to a further border and they kept asking why I was going to a different border and thought I was border jumping. I know they can see what borders I cross at. I usually would go down just on weekends but sometimes would get extra time off work and would spend a week or two there. They expected me to remember the exact amount of time I spent there in September even though I said from what I remember I was only there on the weekend. They were trying to find anything to deny me. As far as what I provide for proof crossing the border. I give them bank statements. Income statements for the last 2 years. Cheque receipts for rent, pay stubs, letter from employer, business tax returns, personal tax returns, anything I can think of. Because I am month to month they think just working in Canada is not enough. I am at work and lost my train of thought... Hopefully I wrote everything I was going to.


DanapowersFemaleCanada2013-06-22 10:46:00
CanadaK3 vs. CR1

So far I have not found anything directly related to my issue and thought I would start a new topic in hopes to get some help. I am Canadian and my husband is USC. We got married back in October. I only started being refused entry 3 months after we were married  Originally the plan was for me to stay in Canada and He stay in the USA, but the border guards have made that near impossible and pretty much told me the only way they will let me cross is if I file for permanent residence as I am no longer travelling across the border for travel. Every time each border guard wants something different for proof, including things that I have in all my folders, but they won't look at. The Surrey, BC border crossings are the worst when it comes to the american border guards. Even the Canadian border guards said they American ones have much different policies than them. My husband never gets asked anything from the Canadian border guards, including when he brings me car loads of stuff, but the Americans he give him a hard time.

 

Anyway we have decided we would start filing for my permanent residence, but am trying to figure out if i should file for a k-3 (which also means I could interview in Vancouver) or a CR1. How much of a difference in time is it till I can move there? I have already been apart from my husband for 5 or so months. I want to continue to work in Canada during the process and after I get my green card. i do not need to work in the USA for awhile. I have a really good job in Canada and would like to continue working. I have had 2 different immigration lawyers tell me different answers for the k3 visa. One told me i could still travel back and forth while the other told me once i got the 1-190 approved i would have to stay within the USA until its finished being approved. I cant be apart from my husband for another year. He just started a new job and has very little extra time now to be able to travel up here. Any information anyone can give to clarify this for me would be greatly appreciated. Also if anyone knows how it would work for filing taxes? I am paid to my company (corporation) when i am working in Canada. Would i have to file taxes in both countries? 


DanapowersFemaleCanada2013-06-21 21:54:00