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I got married in 2008 in india, after marrying i came back to us. my wife moved to canada, i visited every month to her in canada, we recently have a baby girl now, my wife is a permanent reseident in canada, i recently got the us citizenship, now i am planing to sponsor them, i am trying to apply K3 visa which i heared is faster to bring your family to us, but i read on uscis & immihelp web site, that if I-129 approved they send the case WHERE THE MARRIAGE TOOK PLACE, i am very upset to read that, i just want to ask is that true what i read on both web site, they suppose to send the case where the applicant reside, which is canada, please help me out , any advice or sugessition would be very helpful, thanks in advance
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No matter what petition, you will list the closest embassy where she plans to apply for the visa. (see the I-130 Petition, question #22, second part.) That's where they will send the file for interview. They will know she resides in Canada from question #19. She does not have to process in India.
Study up on the IR1/CR1 visa because the K3 isn't the best choice any more. Your wife will get the IR1 because you have been married more than 2 years. It will make her a 10 year greencard holder the minute she enters the US. The CR1 gets a 2 year greencard because it is "conditional" based on a marriage of less than 2 years. The process to obtain either is the same.
The K3 is rarely given anymore. In the past it was a race to see if the I-130 or I-129F was approved first. Normally the I-129F won, so you went forward with the K3 process. Now they tend to be approved at the same time. In that instance, the USCIS closes the I-129F/K3 file and moves forward with the I-130/CR1or IR1.
The IR1/CR1 visa is better because you will get a greencard when you arrive in the US and can work immediately. With the K3, you would have to apply for the greencard ($1070) in the US and wait months to work, get a greencard, social security card, or a driver's license. -
Thanks a lot for your reply. it is very helpful for me.Comment
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