Quicker to apply for k-3?

[Lorus]

My husband is an American living in the States. I am living in Canada with our baby. We sent off our I-130 at the end of November and received the receipt. Should we apply for a k-3 (and k-4)? We want to move down as soon as possible and I'm wondering how long the wait is for the k-3 visa is compared to the actual wait of the I-130.

Also, we are in the process of doing our baby's "Baby born abroad" application. Do I need to apply for a k-4 for her or can she just move with me once she is approved for her citizenship?

[saturner]

My husband is an American living in the States. I am living in Canada with our baby. We sent off our I-130 at the end of November and received the receipt. Should we apply for a k-3 (and k-4)? We want to move down as soon as possible and I'm wondering how long the wait is for the k-3 visa is compared to the actual wait of the I-130.

Also, we are in the process of doing our baby's "Baby born abroad" application. Do I need to apply for a k-4 for her or can she just move with me once she is approved for her citizenship?

I see some K3 take more then nine months to be approved.
If you sent I130 i do not think you need apply for K3, because with the I130 the Immigration will decide if your visa will be k3 or CR1.

I think you need to call Immigration asking them if you send another form specifying your baby, because you did apply before she was born, her name needs to be in some form. Otherwise she does not will receive a visa.

[nichole]

Most married people do both petitions (I-130 followed by I-129F) and see which one processes first. It's normally the K3 that gets you in the country faster.

But getting to the US early on a K3 is a little more trouble after arrival. You have to apply for AOS and work authorization. (More darn paperwork and $1010.) You won't be able to work, get a social security card, or driver's license right away because you have to wait on the adjustment of status paperwork.

There's alot of confusion/problems over the medical exam for AOS and a TB skin test requirement. The paper sounds very clear that you don't have to take another exam if you had one in Canada for the K3. But in reality you have to get a US Civil Surgeon (not the family doc) put your immunization records on a medical form I-693. Lots of people have trouble finding a doctor who will do just that part without doing the whole medical exam and tests over again at a cost of several hundred dollars. The ones who will do the immunization part, sometimes won't do the new TB skin test part without the whole medical fee. It's the current big problem people adjusting status in the US are dealing with. Nobody is on the same page. Before anybody says the chest x-ray takes care of the TB clearance, it says very clearly on the USCIS website in a FAQ about the new TB skin test.
Q: If I had an x-ray in my home country, do I still need the TB skin test?
A: Yes, if your medical exam was after June 1, 2008
Some are still getting by without it and getting approved for a green card and some are not, but it is leaving everyone frustrated about what to do.

If you go with the I-130 petition and get the CR1/IR1 visa, you wait longer in Canada for the green card processing part, but when you arrive in the US, you will get the green card and Social Security card shortly and can work and get a drivers license within weeks. If having a job to help out the family is important, then you might be better off financially staying at your job in Canada waiting on the IR1/CR1 even though it takes longer. If being together quickly, no matter what the financial implications are, then a K3 probably would go faster. I know you just want Dad, Mom and baby to be together asap. I only wanted to point out the differences. You have the option to file a I-129F for K3 now and just see which one goes faster. You can decide when one gets approved.

The baby will be issued a US passport when the "baby born abroad" paperwork is done. He won't need a visa because he will be a US citizen.