canadian marries american is confused about k3 rules :(

suzysuzy1985
New Member


Confused Canadian

Joined: 11 Oct 2007
Posts: 4
Location: Ottawa

Posted: Thu Oct 11, 2007 1:38 am

 

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Okay i am new here and i cant say how relieved i am that there is a forum for me to ventilate and not feel alone! Heres my dilema. Aug 10 2007 i legally married my now husband who is an american from ohio. I am still living with my mother in Canada until i finish up my last credit for my degree which i will recieve in december, i am also 5 weeks pregnant, as much as it is a blessing it is also a disaster because i dont know where i will have this child ( which is due in june) and what my options are. So far i have been visiting the U.S 2 weeks out of the month. My question is i know i need to get a k3 but how long will it take? can i still live in the us with my husband while my k3 is processing, if not can i atleast visit? I ask this because i have heard that if i apply for a k3 there is a waiting period and i am not allowed to enter the us. is this true? Is dualality of citizenship possible? please help! thanks so much!

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flames9
Senior Member



Joined: 08 Mar 2007
Posts: 113
Location: Falls Church VA

Posted: Thu Oct 11, 2007 2:20 am

 

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K3 isnt ur only option, another marriage based visa is the CR-1 (married for under 2 yrs OR the IR-1, married 2 yrs and over)

Where in Canada are you? manitoba and west goto the Vancouver Consulate for the interview, and east of mb, goes to Montreal (k3 interview). Everyone doing a cr-1/IR-1 goes to Montreal, no matter where you live in Canada.

At this time Vancouver is much faster than the Mtl consulate, so its a bonus if ur going through Van.

Sorry, but the K3 is taking awhile, probably in the 7-9 month range,and the cr-1 a bit longer! maybe slightly faster for van (k3)

Check out http://www.visajourney.com/forums/ a free forum with LOTS of info on K3 and cr-1/ir-1 There is a forum for each one, and the stickies at the top of each forum are excellent. And there is even a canada section. As well u can check out people timeliness to get an estimate on how long the process is taking them! As well as examples of already filled out forms. It's probably the best resource on the web for immigrating to the USA. And of course you can ask questions! As in any forum be aware for bad info, but usually the info provided is excellent.

Regarding citizenship, not sure with ur child if he/she gets citizenship automatically because of his father being an american, my hunch is yes, but I dont know! But regarding urself, if u come in on the CR-1, 3 yrs from entery (well 90 days prior to that 3 yr date u can start the paperwork) to become an USA citizen. You don't loose ur cdn citizenship!

Can one travel tothe USA while the visa process is ongoing? YES and a no,lol What it all boils down to is the port of Entry (POE) officer! If he believes u have no intention of permanently staying in the USA, he wil allow u to visit! Many Cdns do this with no problems! I travelled monthly to DC while my cr-1 was ongoing, never once hassled! BUT, some do get hassled a bit more,and some do get denied entry, which won't affect ur visa application, UNLESS you lied!, so never lie! Answer their questions honestly, but don't blab away,lol. Keep ur responses short and sweet, dont bring tons of luggage, no job resumes and be confident in ur replies, look the POE officer in their eyes when speaking. And of course bring ties to Canada as evidence that u will be returning. letter from employer, utility bills, etc

Just a forewarning, the process is long and can be frustrating at times. take ur time and read the info on Visajourney (VJ), ask questions, use the search engine, look at the top of VJ and look at the EXAMPLE FORMS, along that same line is Consulate reviews, where people have posted their experiences. Sooner u start, the sooner u wil lbe finished! Some documents u uwil require is the LONG form birth certificate (should have your parenst listed on the birth certificate) if you have ever had a criminal record, you wil require fingerprinting, and if you go through the RCMP, it takes awhile (around 4 months) but if no criminal record, just a canada wide background check which is easy to obtain (some are same day, some a week, all varies)Ensure it has been completed with al the names u have been used, ie maiden name) Any divorce cert,marriage cert, etc etc. Read VJ, it is an excellent site, and drop ina t the Canada section and say Hi. Were a friendly bunch, and most of us just hang out there,lol There is a off topic forum on VJ as well, and gets a bit rowdy/rude at times, much less drama on the Canada section! Best of luck

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Reba
Moderator


Canuck in NC

Joined: 16 Jul 2004
Posts: 1449
Location: North Carolina

Posted: Thu Oct 11, 2007 3:04 am

 

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Your baby will be American by birth no matter where it is born. If you have the baby in Canada, you would only need to register its birth abroad with the nearest US consulate. You can get a US birth certificate (take your husband's with you when you apply) and they'll issue a US birth certificate and a passport.

You'll be in Canada for a while yet unforuntately. K3s and CR1s are taking about a year to complete. You can visit the US, but they'll probably only let you enter as long as your pregnancy is not showing. If you're showing, they'll consider you have more ties to the US than to Canada, and deny your entry. Especially after you're finished with your classes. If you had a job, or a home of your own, it may be different.
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suzysuzy1985
New Member


Confused Canadian

Joined: 11 Oct 2007
Posts: 4
Location: Ottawa

Posted: Fri Oct 12, 2007 7:52 am

 

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Thank you so much for replying! So would my baby be a Dual citizen of canada and the us? Also how long am i able to visit?

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Reba
Moderator


Canuck in NC

Joined: 16 Jul 2004
Posts: 1449
Location: North Carolina

Posted: Sun Oct 14, 2007 5:40 am

 

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Yes your baby will be a dual citizen of Canada and the US.

General rule for Canadians visiting the US is 6 months per visit, or per calendar year, whichever comes first.
_________________
I miss Shreddies!

Are you in the US or Canada? Want to make some extra money? Check out My Watkins website for some awesom products and business opportunity.

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