Choosing the Best option

G

gshayer

Registered Users (C)
here is the Scenario:

Girl is an Indian Citizen who lives in Canada on a Temporary Work Visa until 2011
She has B1/B2 multi-entry Visa to the US until 2011

Guy is a USC.

What are the options so she can come to the US and stay here by January of 2010? Are K1/K2 the only options available?

1. If I were to apply for K1, would she get her interview in Canada or in India?

2. When I do apply for her K1, will her B1/B2 visa become void or will she still be able to enter/leave the US?

3. Would it be safe to assume that because she is in Canada, the processing time will be a bit faster for the K1.

4. When she actually gets her interview for the K1 will she have a strict time limit as to enter the US? like a week? The reason for this is if I apply for her K1 now and she gets her interview before December, she won't be able to leave once she enters the US (i think that is correct?). We are getting Ceremonially married in December so it is likely that she'll have to wait until after December before she comes to the state.

5. Can I go to Canada and Marry her legally there since I don't need a Visa and somehow bring her here? ( I haven't a clue as to what the law says about this)

Thanks for any help :)
 
gshayer said:
1. If I were to apply for K1, would she get her interview in Canada or in India?
Click to expand...

If she specifies Canada on the forms that you fill out for the K1 (I forget specifically which form asks you), then she will have her interview in one of the embassies in Canada.

2. When I do apply for her K1, will her B1/B2 visa become void or will she still be able to enter/leave the US?
Click to expand...

Provided that you are both free to marry and have met in person at least once in the past 2 years then you can file the K1 now!! Her B visa will still be valid, however, be noted that she could face extra scrutiny/possible denial of entry to the US. However, this is also the case even if she didnt have a K1 in the works.

3. Would it be safe to assume that because she is in Canada, the processing time will be a bit faster for the K1.
Click to expand...

Not a fair assumption at all. Each case is different. I was a K1 filer from the UK, and there were people from Russia, Philippines, India etc that got their visas before me. Bizarrely enough, the Montreal consulate is notoriously slow when it comes to issuing interview dates, so it could even be the case that her visa takes longer to achieve should she be going through this consulate.

4. When she actually gets her interview for the K1 will she have a strict time limit as to enter the US? like a week? The reason for this is if I apply for her K1 now and she gets her interview before December, she won't be able to leave once she enters the US (i think that is correct?). We are getting Ceremonially married in December so it is likely that she'll have to wait until after December before she comes to the state.
Click to expand...

Once she gets the visa, it is valid for 6 months therefore she does not need to enter the US right away (I got my visa at the beginning of April and didnt enter until the end of July). Youre right about her not being able to leave right away though.....once she enters on the K1, she should not leave until she has either AP or her GC in hand (well, technically she can leave, she just wont be let back in). As for the ceremony, make sure its not a legal marriage ceremony as this will void the K1 visa and youll need to file for a spousal visa instead.

5. Can I go to Canada and Marry her legally there since I don't need a Visa and somehow bring her here? ( I haven't a clue as to what the law says about this)
Click to expand...

Yep, you can marry her in Canada. However, you will then need to file for a spousal visa (K3 or CR1/IR1) in order to bring her back to the US to live with you. This visas on average take longer than the K1 to obtain.
 
Just a small correction. There are several US consulates in Canada but just one US embassy. However K visas are processed in Vancouver and Montreal only and immigrant visas are processed only in Montreal.

elcupacabras said:
If she specifies Canada on the forms that you fill out for the K1 (I forget specifically which form asks you), then she will have her interview in one of the embassies in Canada.
Click to expand...
 
Triple Citizen said:
Just a small correction. There are several US consulates in Canada but just one US embassy. However K visas are processed in Vancouver and Montreal only and immigrant visas are processed only in Montreal.
Click to expand...

Ah! Cheers for the correction. Having heard people discussing interviews in Vancouver and Montreal I assumed they were embassies......it makes total sense now that you point it out that these are infact consulates. Thanks for clearing that one up.
 
elcupacabras said:
Provided that you are both free to marry and have met in person at least once in the past 2 years then you can file the K1 now!! Her B visa will still be valid, however, be noted that she could face extra scrutiny/possible denial of entry to the US. However, this is also the case even if she didnt have a K1 in the works.
Click to expand...

What would cause them to be extra cautious when approving for K1 ? Is it because of her B2 visa? Im just curious as to what their reasoning be behind the immigration officers giving her extra scrutiny?


elcupacabras said:
Yep, you can marry her in Canada. However, you will then need to file for a spousal visa (K3 or CR1/IR1) in order to bring her back to the US to live with you. This visas on average take longer than the K1 to obtain.
Click to expand...

After her approval for K3 and she enters the US, will she face similar restrictions as the K1 regarding not being able travel until she gets her GC or other adjustment of status?

btw - thanks for your help :)
 
Her B-2 will still be valid with an I-129F in the works. However it is possible that she may be denied entry into the US if she tries to enter as a visitor. Officers may scrutinize her entry request a little more since having an I-129F in the works spells out immigrant intent. A B-2 entry applicant cannot have immigrant intent.

gshayer said:
What would cause them to be extra cautious when approving for K1 ? Is it because of her B2 visa? Im just curious as to what their reasoning be behind the immigration officers giving her extra scrutiny?
Click to expand...
 
Triple Citizen said:
Her B-2 will still be valid with an I-129F in the works. However it is possible that she may be denied entry into the US if she tries to enter as a visitor. Officers may scrutinize her entry request a little more since having an I-129F in the works spells out immigrant intent. A B-2 entry applicant cannot have immigrant intent.
Click to expand...

that makes sense!.. thanks :)
 
gshayer said:
After her approval for K3 and she enters the US, will she face similar restrictions as the K1 regarding not being able travel until she gets her GC or other adjustment of status?

btw - thanks for your help :)
Click to expand...

As far as Im aware, a K3 is a multiple entry visa that is valid for 2 years and therefore there are no travel restrictions. If you are going to go the spousal visa route though I would really not consider the K3 and instead go for the CR1 visa.
 
elcupacabras said:
As far as Im aware, a K3 is a multiple entry visa that is valid for 2 years and therefore there are no travel restrictions. If you are going to go the spousal visa route though I would really not consider the K3 and instead go for the CR1 visa.
Click to expand...

what is the difference between CR1 and K3? I thought they were the same thing?

Also since she is living in Canada on a work permit, would her interview be in Canada or India? What about the Police reports etc that she will need to provide, will she need to get anything from India?

thanks
 
Last edited by a moderator:
gshayer said:
what is the difference between CR1 and K3? I thought they were the same thing?

thanks
Click to expand...

As a K3 the immigrant has to go under AOS once they enter the US in order to become a PR. This usually takes 6-8 months from filing. As a CR1, the immigrant becomes a PR immediately upon entry to the US.

gshayer said:
Also since she is living in Canada on a work permit, would her interview be in Canada or India?
Click to expand...

I'll copy and paste what I already wrote in my first post to this question

'If she specifies Canada on the forms that you fill out for the K1 (I forget specifically which form asks you), then she will have her interview in one of the embassies in Canada.'

Though as already pointed out by Triple Citizen...it will be in one of the 'consulates' not 'embassies'


gshayer said:
What about the Police reports etc that she will need to provide, will she need to get anything from India?
Click to expand...

Yes. She will also need police reports from any countries where she has resided in for more than 12 months at a time. If she has lived in Canada (or will have by the time of interview) for 12+ months then she will need a police report from Canada.
 
I still feel confused about CR1 and K visa ..

I became USC few days ago and now I just applied my wife & son come to US with K3 & K4 visa .. when I was a green card holder, I also have applied I-130 to them.

Now should I upgrade the I-130, or just apply K visa them?

Could I apply both of them at the same time?

Many thanks ~~
 
You must log in or register to reply here.
Top