K1, K3, 319(b) which to choose?!

[cntrctr]

I'm an American born citizen planning to marry a Canadian citizen. Setting aside immigration plans, we want to get married in the caribbean in February 2012, after which we both will reside in the US where she will work as a nurse (her current job).

The wrinkle is that I'm an IT contractor with the US military and I'm currently deployed overseas. My contract ends in June, and I was planning to go meet her for a couple weeks in the US this July (she'd be on a tourist visa), and then we would both go to Canada where I'd be on a tourist visa and live with her until we get married in February. Then, if I understand it correctly I'd get the K3 visa for her, move to the US and work on her green card so she can start working. I'm not even sure I understand that process accurately! Let alone when she could move to the US and how long it would take her to be eligible to work.

However, I found out that she is probably eligible for a quick naturalization process because of my deployment abroad, based on the INA 319 document section (b).

I am struggling to understand the best way for us to get married and haver her able to work in the US as quickly as possible. Would it be best for us to get her a K1 visa to come to the US and get married in July, and I return to my deployment for a few months, with the aim to get her naturalization done with more quickly? If we did that, could she return to Canada for awhile to finish her work, pack her things and then move to the US?

Thanks,
Steve

 

[BigJoe5]

The immigration paperwork is NOT fast no matter what you do. For a K-1 you file an I-129F. The K-1 is if you want to bring her to the U.S. to get married within 90 days of her entry and then file for adjustment and remain in the U.S. during the process. The K-1 could take 3 months then after marriage the adjustment filing may take anywhere from 3 months to 6 months (or more). Then the actual greencard comes another month after that.

For either of the next two, you have to get married first:

The K-3 is almost worthless anymore, it was created as a quick fix (consolation prize) during a huge backlog that is now gone. MOST (but not all) K-3's end up converting to a regular Immigrant Visa instead. This I-129F requires an I-130 first.

The straight Immigrant Visa Consular Processing starts with an I-130 for your wife. A Canadian processing in Canada may take 6 months (give or take).

Any reliance on INA 319(b) requires her to be a greencard holder first. THEN, 319(b) is more concerned with your employment abroad and her accompanying you. You have indicated that that will not be the plan.