Completey Confused! K3 or CR1? Mail or DCF?

[simistar]

Hi there...newbie here:-)

I've been browsing many of the topics for a while but still can't seem to find an answer to my particular situation...and am hoping someone can help:-)

Here's my situation:
My husband is American, I am Canadian.
We both live in Vancouver, BC.
(He was brought over by his company years ago to work in Canada.)
We got married in September 2008.

I want to work in the States... But he has a great job here so we don't want to jeopardize that until I can perhaps go there and get a job...
(no sense him leaving his job if I don't end up finding a job in my field in the States...)

So, what are my options...?
I know we/he can apply with the I-130 forms...
But I have also been told by a fellow Canadian living in the States that since I am married to an American, there's a way for me to be eligible to work right away...some sort of work permit, or visa, that's good for a year while the I-130 is processed...

Is this correct...and if so, what IS that visa/permit? And b/c we are living in Canada now (i.e. NOT the United States) -- is that a barrier?

I have looked at the Visa Journey website and am confused by what I should be applying for.

Here is the page in Visa Journey that confuses me: (copied and pasted below):
***********
Spousal Visa (IR-1 / CR-1)
In General
The U.S. citizen marries the foreign
fiance in the USA or in another country (could be home country), the foreign fiance goes back to his/her country, the U.S. citizen applies to the Service Center for an I-130 spousal visa petition.

This was the only option until the K-3 process was invented. The K-3 is most often faster to reunite families.
This is basically the 1st half of the K-3 process. If you file for a K-3 you are filing to get an IR-1 / CR-1 by default (filing an I-130) as well as for the K-3. The K-3 was designed to allow the foreign spouse to enter the US even if the I-130 has not been approved. In most cases this works out well since the I-130 takes so long to approve and the K-3 is relatively fast. In some cases the I-130 is approved fast enough though that this option is better then a K-3 (or if the applicant applied for a K-3 -- i.e. filed an I-129f -- then they can abandon the K-3 and pursue the IR-1 / CR-1 instead).
***************

- I thought the I-130 was the same thing as the K3? What's an I-129f?

Sigh.

If anyone can help UNconfuse me, I'd appreciate it!!!!
Thank you:)

[Reba]

No, the I-130 is a petition, K3 is a visa. Completely different animals.

First step is for your husband to submitt the I-130 petition to apply to be able to sponsor you. AFTER the petition is approved, THEN YOU would apply for some sort of visa. If you go for K3, your husband would also have to submitt the I-129F petition with the I-130. In your case though, I wouldn't bother with K3, because he is legally resident in Canada, he could petition directly at the US consulate in Vancouver, when that is approved, then you would apply for your visa in Montreal. (commonly called Direct Consular Filing, or DCF).

Your friend who told you about a work visa for US spouses is wrong I'm afraid. There is no such thing.

[simistar]

oh my gosh -- thanks SO much Reba for clarifying!
Doh.
Okay, so I'm not sure if anyone knows the answer to my next question... (perhaps there is another thread/forum section I should look at for Vancouver US Consulate specific questions...?)
BUT, when I read through the instructions on filing the I-130, it says if you're a US Citizen living outside the States to contact your closest consulate for method of payment and how to file.
So we called the Vancouver consulate and the woman who answered just said all the information is online!
When I said the information online says to contact that consulate -- she hung up on me.

I'd just like to know if we have to make an appointment and apply in person...and if so, HOW, when they don't take phone calls....
Or, if we're supposed to mail it to them, or somewhere else...

Anyone..?

[Reba]

Someone over at Visa Journey may know. I think there's been a few that have done DCF thru Vancouver and can maybe help you out.

Not many folks here at Canuck Abroad have done DCF, and I usually send everyone over to VJ. All the info is there already for the picking, there's no reason for us to recreate the wheel here really.

[simistar]

Fair enough !
I agree... no need for reinventing the wheel:-)
Thanks so much for your help Reba...
I'll check more on VJ...just so confusing wading thorugh all the info

[rorypirrie]

Reba, i just want to say what a great hive of information you are. Love reading the posts and learning from your advice.

[Reba]

You're welcome simistar.

and thanks rory, I've been around a while.

[Steven]

My friend did DCF in Vancouver, pretty sure she said she just mailed it in. Not sure if there are any supplemental forms, the person filing has to show they can file, i.e. provide a copy of their Canadian PR card or proof of Canadian citizenship.