Fabien

Hello,

I am a Canadian Resident Permanent and I am getting married in 2
months in Canada with my USC fiancee (who is living in Canada with a
work permit).
We went to go and live in the state...
Basically, when we are married, what options do we have...? I have
read a little about route I-130 and route K3 but I am not sure about
what differences it makes ?
Where can I find some simple information about these routes (web site)
?

And according to you these days, with I130 or K3, how long would it
take for me to be able to live and work in the US ?

Thanks a lot... and sorry if it's newbies questions...
Fabien

CalgaryAMC

You must file the I-130 in any case. You send this to the Nebraska service centre. After the I-130 is approved and you complete processing with the consulate in Canada, you will have a "green card" and can live and work in the US. Currently Nebraska has a two-year backlog.

So after you have received a receipt for the I-130, you can file for a K-3. This will take about 4 months to approve, after which you will complete processing at a consulate in Canada. The whole thing will take (very approximately) 6 months.

You will then be permitted to go and live in the US. Once in the US you must apply for an employment authorization document (EAD). This will take some time to process, but after 90 days you can receive an interim EAD.

So basically what you're looking at is ~ 6 months for the K-3, and then 90 days without a work permit. Or you can wait the two years for the I-130 to come through and not have to bother with EADs.

Gigiola

Just out of interest .. why would I-130 be filed in Nebraska?

I presume there is no DFC in Canada?

CalgaryAMC

There is no DCF in Canada.

Nebraska is the service center for Canada. This is assuming, as the poster indicates, that his American spouse lives in Canada. If the spouse lived in the US, then obviously the local centre would apply.

Hypertweeky

I am a K3'er, It took a total of 123 days from filing to my arrival. Not bad at all.
Timelines may vary depending on the circunstances surronding your case (such as RFE's, backlogs..)
Just to give you an idea on how stuck I-130 petitions are.. Look at my timeline, I sent my I-130 to Nebraska on September of the last year and as of today I am not yet approved.. nor that I will get approved anytime soon (I suppose one more year)
What state is your fiancee from?.

Fabien

Hypertweeky <member13109@british_expats.com> wrote in message news:<[email protected]>...
    > Originally posted by Fabien
    > > Hello,
    > >
    > > I am a Canadian
    > Resident Permanent and I am getting married in 2
    > > months in Canada with
    > my USC fiancee (who is living in Canada with a
    > > work permit).
    > > We went
    > to go and live in the state...
    > > Basically, when we are married, what
    > options do we have...? I have
    > > read a little about route I-130 and
    > route K3 but I am not sure about
    > > what differences it makes ?
    > > Where
    > can I find some simple information about these routes (web site)
    > > ?
    > >
    >
    > > And according to you these days, with I130 or K3, how long would it
    > >
    > take for me to be able to live and work in the US ?
    > >
    > > Thanks a lot...
    > and sorry if it's newbies questions...
    > > Fabien
    >
    >
    >
    > I am a
    > K3'er, It took a total of 123 days from filing to my arrival. Not bad at
    > all.
    > Timelines may vary depending on the circunstances surronding your
    > case (such as RFE's, backlogs..)
    > Just to give you an idea on how stuck
    > I-130 petitions are.. Look at my timeline, I sent my I-130 to Nebraska
    > on September of the last year and as of today I am not yet approved..
    > nor that I will get approved anytime soon (I suppose one more year)
    > What
    > state is your fiancee from?.


Hi,

She is from South Dakota. But lives in Montreal/Canada with me since a
year...
I think that we are going to file I-130 and wait the 2 or more years
here in Canada.

So after I send I-130, what's happening next ?

I started to have a look at the I-130 from and biographic forms... in
order to file for I-130.
I am surprised that they don't require foreign spouse birth
certificate, police certificates etc... ?! Do I miss something ?

Thanks a lot,
Fabien

Fabien

[email protected] (Fabien) wrote in message news:<[email protected]. com>...
    > Hello,
    >
    > I am a Canadian Resident Permanent and I am getting married in 2
    > months in Canada with my USC fiancee (who is living in Canada with a
    > work permit).
    > We went to go and live in the state...
    > Basically, when we are married, what options do we have...? I have
    > read a little about route I-130 and route K3 but I am not sure about
    > what differences it makes ?
    > Where can I find some simple information about these routes (web site)
    > ?
    >
    > And according to you these days, with I130 or K3, how long would it
    > take for me to be able to live and work in the US ?
    >
    > Thanks a lot... and sorry if it's newbies questions...
    > Fabien

Hello and thank you for your answers !

- Concerning the only I-130 route, during the process (2 years and
more), can I enter the US ? Is there some special authorization to
enter the US or there is no way to enter at all ?

Thank you,
Fabien

jeffreyhy

Fabien,

You don't file I-130, your US citizen wife does.

After her I-130 is approved you will apply for an immigrant visa. The consulate will most certainly want to see your birth certificate, a police certificate (if they are available in Canada), and other documentation before approving your visa application.

Regards, JEff

CalgaryAMC

Technically speaking you can continue to enter as usual provided you can demonstrate that you are not intending to stay. There is no special authorization. You simply have to convince the POE officer every time that you are intending to return to Canada after your trip. Supporting documentation should be brought to back this up.

CalgaryAMC

As Jeffrey said, these will all required at the interview with the consulate after the I-130 petition is approved. You didn't miss them, they will be asked for, just not yet.