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  #1  
Old 06-26-2008, 08:59 PM
Junior Member
 
Join Date: Jun 2008
Posts: 1

I-130, or K1 Visa?


What is the name of your state (only U.S. law)? Illinois
My fiance is from Canada, we are having a tough time trying to figure out what is the best route. We've read about both several times for the past year, but everything is different! No two people of "professionals" say the same thing, it's putting a tremendous amount of stress on us.

Our options are either to be married and for him to go home as soon as his visitor time expires and then begin filing I-130, which I was told could take up to 21 months before he can live and work here legally... Or we can apply for the K1 Fiance Visa whereas in an ideal situation we were told would be 4-9 months. We've been unable to find the right people to help us, so for 2 years we've had to just visit each other for a month at a time if even that due to work. So, questions:

1)Which route is most expensive in the long run?
2)Which is the wisest option in regards to getting it 'done right'?
3)We would really like to do this without full out hiring a law office to do everything for us, we've practiced filling out each form several times, and we have all of the required documents in line. We were told absolutely do not do it by ourselves... Is this true? Will it really end horribly like everyone says it will if we do?
  #2  
Old 06-27-2008, 11:28 AM
Senior Member
 
Join Date: Feb 2004
Location: Orange County, CA
Posts: 6,397
If he is already in the US then just file for his adjustment of status on the basis of marriage and then he would not have to go back to Canada for processing at all. I am not sure whom you've talked to but it's fairly clear if he is here that this is the best path, assuming you don't have an issue with getting married while he is here. Any other route is going to take about 9-12 months (either fiance visa or I-130 processed abroad) and during that time the petition is pending he may not be permitted to enter the US as a visitor.

Please let me know if you have any additional questions or how I can be of further assistance to you in this matter.
__________________
Thanks,
Lana
Immigration Attorney
Admitted to practice in CA, AZ, IN and OH
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