Canadian American couple, beginning the process

[cortado 1]

Hello All:

First post on here after extensive reading. We are a Canadian-American couple with a lot of questions.

Situation:

Canadian citizen husband
American citizen wife
Married in Europe

He has a NEXUS card

Both PhD students in graduate programs for the next few years.

Husband a PhD student in Montreal
Wife a PhD student in New Jersey

Plan:

To visit each other for medium-to-long stays
For her to extend her tourist stay in Canada for up to a year
For him to eventually immigrate to the United States

Some questions:

1) If we are travelling between Canada and the United states alone and without our spouse, for work or for pleasure, will we be able to cross the border without a visa (as we currently are able)? I.e. if I am going to the US for a conference, is my marriage to an American going to prevent me from entering the US?

2) If we travel together between the countries, will one of us be prevented from entering?

3) Can the Canadian citizen go to the United States to visit his spouse for a short period (1 month, say) without a visa?

4) If she applies to extend her stay in Canada, the process takes anywhere from 25-40 days if there are no issues. Would she be able to leave Canada during this period or would that cancel her application?

5) During what phase of the Green Card process can he enter the United States? After the I-130 approval and during the I-485 approval? Or only after the I-485 approval?

Thank you so much, these forums are extremely helpful.

[Harpa Timsah 13,258]

You can continue to visit eachother's countries like normal even though you are married. The marriage itself gives you special benefit. You can also cross the border together; there is no need to go alone.

I am not sure about extending tourist stays in Canada.

When you apply for a spousal visa (which does not involve I-485) then you can continue to travel back and forth while it is processing.

Edited August 9, 2014 by Harpa Timsah