K1 visa questions

[hds]

I have a visa nightmare. I am from Canada and I have been living in the USA for 8 yrs. I was working on getting my greencard through work (it hasn't gotten very far, just to the point were they have posted my job). I have since had a baby in the USA with an American (we have been in a relationship for 3 yrs) and I am going to leave my current job to be a stay-at-home mom. I never got married as I thought I would be going back to work. However, I will need a new visa if I don't work. My mat leave at work ends Nov 7th, 2014 and I don't plan on going back. I would prefer not to get married until 2015. Can we apply for a K1 and that will hold us over for 2 months and then get married in Jan and apply for K3 and greencard? Do I have to leave and reenter on a K1? I am currently on a TN visa that expires in Nov of 2015. How long does a K1 take to get?

[rayb]

A K1 has to process you outside of the U.S.

There is no K3 direct application that results in a visa anymore. A spousal visa is applied for as a CR1- with an I-130 form. You can follow up with a K3 I-129F package, but the I-130 will take priority over any k3 paperwork.

You've got so many things going on with your status that I can only make one suggestion: marry now and submit an I-130, followed by or companion with an I-485 to apply for your Green Card.

--Ray B

I have a visa nightmare. I am from Canada and I have been living in the USA for 8 yrs. I was working on getting my greencard through work (it hasn't gotten very far, just to the point were they have posted my job). I have since had a baby in the USA with an American (we have been in a relationship for 3 yrs) and I am going to leave my current job to be a stay-at-home mom. I never got married as I thought I would be going back to work. However, I will need a new visa if I don't work. My mat leave at work ends Nov 7th, 2014 and I don't plan on going back. I would prefer not to get married until 2015. Can we apply for a K1 and that will hold us over for 2 months and then get married in Jan and apply for K3 and greencard? Do I have to leave and reenter on a K1? I am currently on a TN visa that expires in Nov of 2015. How long does a K1 take to get?

[hds]

Thanks for you quick response and I really appreciate your advice.

How long does it take on average when you apply for a I-130 to hear back on acceptance/rejection? Do I need to exit and reenter on the new VISA? Or can I wait until I go back to Canada at my next scheduled visit?

[rayb]

The answers to your questions depends on whether you plan to be processed in Canada or the U.S. If you plan to be processed in Canada, then the I-130 wil take about 6-8 months to go through the "3-step" process (USCIS, NVC, Consulate in Canada).

If you plan to be processed in the U.S., submit the I-130 and i-485, with supporting documents, at the same time, AND DO NOT RETURN TO CANADA UNTIL THE PROCESS IS COMPLETED AND YOU HAVE YOUR GREEN CARD, about 6 months.

--Ray B

Thanks for you quick response and I really appreciate your advice.

How long does it take on average when you apply for a I-130 to hear back on acceptance/rejection? Do I need to exit and reenter on the new VISA? Or can I wait until I go back to Canada at my next scheduled visit?