Dual Cdn/US citizen immigrating Cdn family...K3 or no?

Hi all,

After many years of doing, I've finally acquired US citizenship through my father. I have been married to my wife for about 4 years. We have a two year old son and a baby girl due in about 2 weeks.

I have read online about the next step, which involves filing the I-130, and then the IV. I have been told that this process takes about a year.

Many are waiting much more than a year for theirs, so I should feel lucky! But my plan was to move early 2009, so this sort of hampers things a bit.

I have heard that the K3 visa can get you there sooner than the IV. However a lawyer told me that there was no point in a Canadian filing for the K3 as it would take just as long as the full immigration. But according to Visa Journey immigration timelines, unless I am reading it wrong, many K3 visas can take much less time. Does it make sense for us to apply for the K3 visa after the I-130 is approved? Will that make things faster? Is there any downside to it? Many seem to regret filing for it.

Secondly, if we don't file for the K3, how much of a risk/pain will it be for her to visit me in the US if I move there first? How long can she visit the US while she is a pending immigrant, and how long between visits must she stay outside the US? She is employed with the Canadian government, will be receiving maternity pay for a year, and has ailing family members, so she certainly has what I would consider ties to Toronto. She won't be working until we get her visa in any case.

Thanks everyone for any answers.

If you're living in Canada as a dual citizen, you can file directly at the US consulate, and that'll only take a couple of months. Don't bother with the K3 or the IR1 process at all, just go directly to the consulate and file the I-130 there.

Hi Reba,

Thanks for the quick reply. Just to clarify, I was referring to the entire process starting with the filing of the I-130 to the receipt of the immigration visa for my wife. Apologies if I wasn't clear.

If you were in fact referring to the entire process (and not only the I-130 part) then wow, I certainly hope you're right! I'm trying not to get my hopes up, as I've heard from more than one reputable source that it takes about a year for someone in my situation. The lady that handled my US passport claim told me this, and it's also mentioned on the official Toronto Consulate website (sorry, I can't post links here yet) in the first paragraph:

"Total I-130 and IV processing time may be 12 months for beneficiary parents, spouse or minor children of U.S. citizens in Canada, who correctly follow all required instructions on a timely basis, longer for others."

So that said, if you (or anyone) has seen in your (or their) experience that it would happen in much less than a year, than that's wonderful! If it does take about a year, then I'd still very much appreciate anyones opinion on the two questions in my first post.

1) Does it make sense for my wife to get a K3 visa? Or would it be more trouble than it's worth?

2) Without getting the K3, would she be able to enter the US for the same amount of time as a visitor (6 months I believe)? The bottom of the page I referenced above mentions this (paraphrased).

"If a pending immigrant has no evidence of only a temporary visit, it is likely such a visitor will be inadmissible. DHS immigration officers have sole authority to determine entry."

But it doesn't say anything about what is required to enter in this case, and how long one can stay.

Thanks again for any answers or opinions!

Reba and I both visit Visajourney.com (VJ), check it out and look under Direct Consular Filing (DCF) on VJ! It is the fastest relationship visa going! You file ur paperwork at the closest consulate to you. The Interview will be In Montreal.

Can she visit. Yes but one can also be denied entry! here is my free advice when she visits the USA:

1) Always tell the TRUTH. never lie to the POE officer
2) Be confident in ur replies
3)keep ur response short and to the point, dont tell ur life story!
4) look the POE officer in the eye when speaking to them. They are looking for people lieing and have been trained to find them!
5)pack light! No job resumes with you
6) Bring ties to Canada (letter from employer when ur expected back at work, lease, etc etc)
7) Always be polite, being rude isnt going to get ya anywhere, and could make things worse!
have a plan in case u do get denied (be polite) It wont harm ur visa application if ur denied,that is if ur polite and didnt lie! Refer to #1

Best of luck

) Does it make sense for my wife to get a K3 visa? Or would it be more trouble than it's worth?

no it makes NO sense whatsoever for your wife to get a K3 visa and the kids to get derivative K4s. None at all. Tehy'd have to adjust status once they get to the US, and they can't even get SSNs until AFTER they get employment authorization, which means your wife won't even be able to get a driver's license until several months after she gets there.

The K3 takes a year to process, give or take a month or 2, add to that the hassle of AOS after you move, and its just not worth the effort for a Canadian to bother with it

2) Without getting the K3, would she be able to enter the US for the same amount of time as a visitor (6 months I believe)? The bottom of the page I referenced above mentions this (paraphrased).

Yes, see Scott's tips above

Check out http://www.visajourney.com specifically the DCF forum for info on Direct Consular Filing for spouse visa.

This is all very helpful, it finally all makes sense. I have a plan now, thanks again!