Marriage questions

Canleese1181
New Member



Joined: 04 Apr 2007
Posts: 6
Location: Vancouver

Posted: Thu May 24, 2007 10:38 am

 

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OK. Like many of you out there I'm sure, I am getting totally frustrated. Me and my boyfriend have been together for about four years, a year and a half of which I have been back in Canada (I went to university in the US before that). I have been trying and trying to get a job via TN and it is proving really hard to find someone to sponsor me. SO me and my boyfriend have decided to go ahead and get married so we can finally be together.

I met with an immigration lawyer yesterday to discuss my options in greater detail and he explained how the K-3 and adjustment of status works. But I have a few questions for anyone who has gone through the process.

After k-3 status has been granted how long until your green card arrives so I can work?

How long after we get married do we have the interview together and what kind of questions will they ask?

Does it make sense to pay a lawyer to help you with the process ($$) or can you do all the paperwork yourself?

I just want to make the right decision and not get in over my head. My boyfriend is the one who really wants to do this but I'm a little afraid of the process to be honest.

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flames9
Senior Member



Joined: 08 Mar 2007
Posts: 114
Location: Falls Church VA

Posted: Thu May 24, 2007 11:48 am

 

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Two websites that will be of Most use of you are
http://www.visajourney.com/forums/ and http://www.familybasedimmigration.com/forum/index.php

I Used mostly VisaJourney (VJ) even has a Canada section! SAVE ur self 1000's of $$ and use those sites. We used an immigration attorney and cost us $2500 plus al the filing fees! And for a straight forward case, the attorney doesn’t do much for u! At this time you have a few different options, al of which are extremely well cover on VJ and the other site: K1, K3, CR-1
K1 is a fiancé visa, probably the quickest BUT its a 1 time entry Visa. Meaning you can't activate it, then say, eh, lets go back to Canada or anywhere else outside of the USA, until you adjust of Status (AOS) Plus 1 requires work authorization (EAD) stamp at an Port of entry (POE) which most places now no longer hand out (some in Ont. leading to USA do)
Interviews for K1 are at Vancouver or Montreal, which one is determined by where u live in Canada, not exactly sure where the cut off is, But I know Sk and west all goto Van. So once u get the interview and the visa, u activate it at a POE. You then have 90 DAYS to get married, and then file for AOS etc. I did not do K1 So not up to date on that, all explained on VJ. Must mention that Van is much faster than Mtl at handing out the interviews! Mtl seems to be max'd out!

K3 is a marriage-based visa (Your already married) Interviews are in Van or Mtl. It does NOT come with work authorization. BUT it is a multiple entry visa, thus u can come and go from the USA as u please (as long as they are short trips, less than 6months!) Not as fast as a K1 visa, but USUALLY faster than a CR-1, but if ur going through Mtl, CR-1 may be faster!

CR-1 is another marriage one, usually it takes longer than the K3, but not always the case, especially if ur K3 going through Van. The nice thing about CR-1 is that it is a multiple entry visa AND comes with work authorization! Plus one doesn’t have to bother with AOS'ing and al that paperwork. Once ur here, no more paperwork for nearly 2 yrs,then one files I-751 (90 days prior to ur 2 yr green card expiring, that date is on the green card, just minus 90 days!) the filing of the I-751 is for a 10 yr green card. Oh yes MTL is the ONLY place that does CR-1!

Its much better laid out on VJ than what I can type,lol Even examples of filled out forms, you can ask questions for free, very easy! At the top of each forum (k1, K3,cr-1) are stickies, contain a lot of good info, FAQ, etc, read through those. Some documents you will need, No big hurry to get them, just a heads up:
Police background check (most RCMP detachments and local police do them) Ensure it is done CANADA wide. Only need 1 even if you have lived in 10 different places of Canada! If you have lived outside of Canada (not including USA) aged 16 and above for 6 months or longer, you will need 1 from that country (countries) as well.

If you have had a criminal record, then fingerprinting is required! NO criminal record, then just the background check

Long form Birth certificate. (Has you parents names and where born on it)
Divorce certificate if previously married
Plus you will have to do a medical, one can only goto certain doctors, but that’s al laid out in the Packages immigration will send you.
Photographs! etc etc, all laid out in VJ, so take some time and read away! I went the CR-1 route. On a trip to the USA, did a courthouse wedding and got the ball rolling. Later on did a family wedding!

As you’re about to find out the Immigration process can be frustrating, nothing happens over night! K1 visa I believe is taking over 6 months, K3 maybe close to a year (8 - 12 months?) and Cr-1 around the same. Take your time filling out the documents, as you do not want a RFE (request further evidence) Spaces should not be left blank (use N/A,none,etc) when in doubt ask in VJ. A lawyer does very little! We still filled out the documents, had to obtain all certificates. We more or less paid her $2500 to proof read, won't speed up the process! And yes you can still visit while the process is on going! I traveled monthly to DC with no problems! And yes some people have been denied entry, but tell the truth, don’t blab away too much if you know what I mean, travel light (no job resumes) and bring proof of ties to Canada (lease info, letter from employer, etc)
Best of luck

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Canleese1181
New Member



Joined: 04 Apr 2007
Posts: 6
Location: Vancouver

Posted: Thu May 24, 2007 11:53 am

 

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Awesome info thanks. I will check out all the sources you mentioned. What about the interview process, what are they going to ask me/us?

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flames9
Senior Member



Joined: 08 Mar 2007
Posts: 114
Location: Falls Church VA

Posted: Thu May 24, 2007 12:31 pm

 

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Interview is probably the easist part of the whole process,lol The American part of the dou doesnt have to attend. The actual interview is very quick, like in and out of the room in less than 10 minutes! They ask very basic questions, like how u met, where will u be residing, what ur USA spouse does, what type of work will you be doing. Very basic questions. All covered on VJ!

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Canleese1181
New Member



Joined: 04 Apr 2007
Posts: 6
Location: Vancouver

Posted: Thu May 24, 2007 12:40 pm

 

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I am checking out VJ right now.totally awesome site thank you. That helps a lot. One thing I am not clear is.after I have my interview and get my k-3 visa so I can enter the U.S. When can I start work? Do I have to wait for my adjustment of status? Me and Zach don't have enough money for me to just move down there and not work for months at a time so how long is the waiting period until you can begin working.

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flames9
Senior Member



Joined: 08 Mar 2007
Posts: 114
Location: Falls Church VA

Posted: Thu May 24, 2007 1:40 pm

 

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With the K3, you have to apply for work authorization I belive (EAD) Not sure how long that it!

If you must work when u enter the USA, the CR-1 may be a better route, as you can work asap! In my opinion its a lot less hassle than the K1 or K3, NO AOS'ing nor worrying about EAD. Might take a tad longer, but worth it! Not as if ur living in a 3rd worlsd country starving,lol Plus u can still visit!

Here is a Cr-1 timeline in the canada forum on VJ
http://www.visajourney.com/forums/index.php?showtopic=69462

keep in mind that Some people are faster than others becuase of where they send their paperwork too, again that all depends where ur USA spouse resides. At 1 time you could file the K3 and the Cr-1 at the same time. Not sure if that is still possible. One would just go with whatever finished first. But I belive I read that may have changed. as well you may see people doing a Ir-1 visa, that just means thay have been married for 2 yrs or more, they will get a 10 yr greencard right off the bat. Cr-1 is married for less than 2 yrs. You would get a 2 yr greencard,then have to file the I-751 90 days from ur greencard expiring. Best of luck

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Reba
Moderator


Canuck in NC

Joined: 16 Jul 2004
Posts: 1498
Location: North Carolina

Posted: Sat May 26, 2007 5:50 am

 

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The K3 timelines are currently running about 277 days from point of first submission of paperwork. Which means it could well be a year *after* you get married that you'll be able to move to the US with your K3. Even if you got married today.

Once you have your K3 in your hot little hands, you get to the US and you send in your application for EAD (employment authorization) this will take a maximum of 90 days to receive from the day they receive it. Then you apply for your SSN and then you can start looking for a job. Figure about 4 months after you arrive til you can start working. Or at least start looking for work.

Then you send in the applications for AOS. Depending where in the US you're going to live will depend on how long this will take. I live in North Carolina and my AOS took about 9 months or so. I have a 10 year green card now, but you'll likely only get a 2 year conditional card, because you'll not have been married more than 2 years at time of application.

*IF* you want to be together quicker, K1 is the route to go. (current processing times 199 days) Send in all the petitions and stuff now, you can be together in the US before the end of the year likely. Get married the day after you arrive, send in AOS and EAD applications, and you should have your EAD within 90 days, and you're working again shortly after the New Year. (maximum processing time for EAD is 90 days).

If having the ability to work as soon as you move there is more important than speed of processing and being together, then get married now, and apply for the CR1 visa. This is a residency visa (green card) with work authorization. Typically processing times are about 1 year for these. Expect to not be able to travel to the US while this is in process. It does happen that they'll deny you entry and bar you until you have your visa. Not often for Canadians, but often enough to warrent mention.

flames did the CR1 route, I did the K3. Timelines and processing have changed quite a lot since either of us went through it, but basically the stress hasn't changed.
_________________
READ ME FIRST!! Immigration Information for Canadians who want to move to the US for any reason.

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flames9
Senior Member



Joined: 08 Mar 2007
Posts: 114
Location: Falls Church VA

Posted: Sat May 26, 2007 7:18 am

 

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Well I actually did both K3 and CR-1. My cr-1 was finsished much faster that the K3. I had actually been residing in the USa onthe CR-1 for about 4 months when I got info onthe K3,lol Thats not the norm though, K3 should be faster, but not always the case. And I'm not sure if 1 can still do both, and then just go with the 1 that is faster!

I totally disagree with reba on visiting the USA while the Cr-1 is in progress, I did it EVERY month with no problems. I travelled light, honestly answered their questions (dont balb away, just answer them, shoert and sweet and look into their eyes when speaking to the!) As long as ur honest it should go well. Even if u do get denied entry(yes it could happen) as long as ur honest it won't affect ur visa application. This has happened to a few VJ members, and at the interview they were asked if they have ever been denied entry to the USA, they responde dyes, and the interviewer said it does happen occasionaly, and they got their visa! U will go on a VJ and u wil find a few people that said the POE officials were soo rude, etc, I personally take those with a grain of salt, soo many drama queens and people over react over the smallest things,lol Just my opnion and not worth much, but I never had 1 probelem in my many visits to the USA. We did the long distance thing for nearly 2.5 yrs and we saw each other every month, either she came to Canada,or I flew/drove to DC.

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