I need advice please!

K

kkshaun

New Member
Hi everyone,

I am an American citizen married to a Canadian citizen (in Hawaii) for over 1 year (Sept. 2005) and have been living in Vancouver for over 2 years. I have applied, and been accepted for Permanent resident status in Canada and only have a few more steps to go before my status here is granted, however my wife and I have decided that we would like to move to the US (Florida, where I'm from..) as I have been offered a very good job and must leave in April.

We have lived together for over 2 years and we HATE the idea of not being together!

These are my questions:

* Should/Can I file the I-130 from here in Vancouver and then apply for the K3 Visa?

* Must I also file the I-129F application w/ the I-130?

* If I file the I-130 & I-129F now and "sneak" my wife across the border in April (if we haven't received the K3..), could she be denied adjustment of status? We absolutely DON'T want to do anything illegal, however being apart for an extended amount of time would create much un-needed stress.

*How long could we "possibly" have to wait for the K3 Visa?

* Should we just risk it and go to Florida and do everything from there?

Thank you ahead of time for any information you could share!
 
Hello,

I have the similiar situaion as you are. I am a Canadian citizen and also from Vancouver. I married last year in California and my husband is an American citizen. After we married, he is still working in California and I am living in Vancouver due to my work. Last month, my husband has filed the I-130 for me in the US to apply for K3 visa. He then filed the I-129F last week with the notice of receipt for I-130 to the National Benefit Center in Chicago which is the center for K visas. We have called so many times to the USCIS and they all confirmed that we cannot file the I-130 and I-129F together.

You can file the I-130 in Vancouver according to the following (I cut and paste from the USCIS site: http://uscis.gov/graphics/formsfee/forms/i-130.htm you may take a look):

Where to File: A petitioner residing in the United States should file Form I-130 at the Service Center with jurisdiction over the petitioner's place of residence.
Petitioners residing in Canada can also file with the Vermont Service Center. United States citizens residing in Canada who are filing for their spouse, child, or parent, may now file at the nearest Embassy or Consulate, with the exception of Quebec City.

For the processing time, I'm not sure and I want to find out too. Some says 5 to 6 months. It seems that the USCIS has tried to process K visas faster than before. According to the following site (http://www.immigration.com/processing-times/uscisproctimes.html), as of Feb 22, 2006 the National Benefit Center is processing the I-129F dated Jan 23, 2006. After the I-129F is approved, then, your petition will be sent to the US Consulate in Vancouver. You will be contacted to provide information and book the appointment for interview.

You may contact an attorney to see if you should "sneak" your wife to the US. Hope this information is helpful.

Jenn

kkshaun said:
Hi everyone,

I am an American citizen married to a Canadian citizen (in Hawaii) for over 1 year (Sept. 2005) and have been living in Vancouver for over 2 years. I have applied, and been accepted for Permanent resident status in Canada and only have a few more steps to go before my status here is granted, however my wife and I have decided that we would like to move to the US (Florida, where I'm from..) as I have been offered a very good job and must leave in April.

We have lived together for over 2 years and we HATE the idea of not being together!

These are my questions:

* Should/Can I file the I-130 from here in Vancouver and then apply for the K3 Visa?

* Must I also file the I-129F application w/ the I-130?

* If I file the I-130 & I-129F now and "sneak" my wife across the border in April (if we haven't received the K3..), could she be denied adjustment of status? We absolutely DON'T want to do anything illegal, however being apart for an extended amount of time would create much un-needed stress.

*How long could we "possibly" have to wait for the K3 Visa?

* Should we just risk it and go to Florida and do everything from there?

Thank you ahead of time for any information you could share!
Click to expand...
 
Hello,

I have the similiar situaion as you are. I am a Canadian citizen and also from Vancouver. I married last year in California and my husband is an American citizen. After we married, he is still working in California and I am living in Vancouver due to my work. Last month, my husband has filed the I-130 for me in the US to apply for K3 visa. He then filed the I-129F last week with the notice of receipt for I-130 to the National Benefit Center in Chicago which is the center for K visas. We have called so many times to the USCIS and they all confirmed that we cannot file the I-130 and I-129F together.

You can file the I-130 in Vancouver according to the following (I cut and paste from the USCIS site: http://uscis.gov/graphics/formsfee/forms/i-130.htm you may take a look):

Where to File: A petitioner residing in the United States should file Form I-130 at the Service Center with jurisdiction over the petitioner's place of residence.
Petitioners residing in Canada can also file with the Vermont Service Center. United States citizens residing in Canada who are filing for their spouse, child, or parent, may now file at the nearest Embassy or Consulate, with the exception of Quebec City.

For the processing time, I'm not sure and I want to find out too. Some says 5 to 6 months. It seems that the USCIS has tried to process K visas faster than before. According to the following site (http://www.immigration.com/processing-times/uscisproctimes.html), as of Feb 22, 2006 the National Benefit Center is processing the I-129F dated Jan 23, 2006. After the I-129F is approved, then, your petition will be sent to the US Consulate in Vancouver. You will be contacted to provide information and book the appointment for interview.

You may contact an attorney to see if you should "sneak" your wife to the US. Hope this information is helpful.

Jenn

kkshaun said:
Hi everyone,

I am an American citizen married to a Canadian citizen (in Hawaii) for over 1 year (Sept. 2005) and have been living in Vancouver for over 2 years. I have applied, and been accepted for Permanent resident status in Canada and only have a few more steps to go before my status here is granted, however my wife and I have decided that we would like to move to the US (Florida, where I'm from..) as I have been offered a very good job and must leave in April.

We have lived together for over 2 years and we HATE the idea of not being together!

These are my questions:

* Should/Can I file the I-130 from here in Vancouver and then apply for the K3 Visa?

* Must I also file the I-129F application w/ the I-130?

* If I file the I-130 & I-129F now and "sneak" my wife across the border in April (if we haven't received the K3..), could she be denied adjustment of status? We absolutely DON'T want to do anything illegal, however being apart for an extended amount of time would create much un-needed stress.

*How long could we "possibly" have to wait for the K3 Visa?

* Should we just risk it and go to Florida and do everything from there?

Thank you ahead of time for any information you could share!
Click to expand...
 
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