USC Husband Canadian Wife and a Baby, What to do?

[1911gi45 0]

Ok so I am a US Citizen. Born and raised. My wife is Canadian. Born and raised. We met online and were married in the end of 2012.

We tried to go about Immigration in the US but her time was running out. She entered the US without a visa or even a stamped passport. I suppose this was because of NAFTA stuff or the Visa Waiver Program or something.

Anyway she stayed in the US for six months and then we came to Canada. To make a long story short we are now wanting to go back to the USA. We have been married almost 2 years and our first child was born in July. We are going to apply for his dual citizenship and want to not have to be separated that way I do not miss all his "firsts". How do we go about this?

IR1 Visa seems like a possible route, but its basically the same info as filing the whole I130 package. Can we do Consular Processing while I am here in Canada with her? Should we go through the trouble of the IR1?

The main issue in all of this is my work history. I dont have the income requirments due to the fact that after highschool I spent most of my time doing volunteer mission work that was unpaid. So I do not meet the sponsorship requirements. Can you have someone else fill out the affidavit of support even on a IR1 Visa?

Sorry If I am being incoherent. I was just about to go back to the USA in a week on my own and file an I130 and do Consular processing while my wife and baby stayed in Canada and I worked. I dont think I am though because the thing is that my wife struggles with anxiety and she wouldnt be able to be separated from me for the minimum 5-6 month wait time. So I am looking for other routes. What are our options? Why is it so hard to be in love with someone from somewhere else and live a happy life together? Sorry I am just stressed and confused by all the information out there. USCIS Hotline is no help whatsoever. Thanks guys.

P.S. Nothing has been filed at this time.

[Not a Tailor 1,370]

There's no direct consular filing in Canada. You can either send in an I-130 petition while you are in Canada with your wife and prove that you are taking steps to establish domicile in the US (renting a place, opening bank accounts, etc) or you can go ahead and move back and send in an I-130 petition with her being in Canada and you being in the US.

You can have a sponsor who is not you to meet the income requirements. I do not recall if this is a joint sponsor or a cosponsor, properly titled.

The wait time may be shorter if you stay in Canada with your wife, but you are still looking at a long haul. I'm in Canada now and my wife is in the US. We filed our petition in May and we have not yet received USCIS approval.

The process takes three stages. You petition USCIS, they approve the petition and forward it to the National Visa Centre. The visa is applied for at this point, they do more checks and, after case complete, they send it to the consulate in Montreal, where they interview your wife. After the interview, if she is approved, they will issue the visa into her passport, she can then move to the US. After moving to the US, she sends away for her greencard. The Visa will serve as a temporary greencard until her greencard arrives.

It should be noted that the I-130 petition is what results in an CR-1 or IR-1 visa.

Edited October 12, 2014 by Not a Tailor

[Boiler 43,397]

Strongly suggest you read the Guides and get the basics down.

Sounds like you need to file and stay in Canada for about a year, you can move back just before your wife gets her visa.

[mtlguy 59]

As others pointed out, there's no consular filing in Canada. it stopped a few years ago.

What you need to do, is go back to the US. alone. yes, it sucks, it hurts, but there's no way around it.

if you're not a Canadian permanent resident, you're not entitled to stay in Canada for more than 6 months. so be careful with that. our (Canadian) border officers track your visits, and can deny you entry if you overstay the allowed period.

The best approach for you is to head back to the US. look for a job. re-establish residence in the states, and file the I-130 to kick start the process.

the USCIS will be processing this form. unfortunately, the US immigration process has been plagued with delays and backlogs, so expect long wait periods, and yes, expect a certain period of separation from your loved ones.

After your I-130 is approved, it will be forwarded to the National Visa Center (NVC), This is the start of the second stage.

if you don't meet the support requirements, you can have someone be your joint sponsor. don't worry about that yet, it'll be a while until you need to fill out those forms.

Good luck & welcome to VJ.

[Boiler 43,397]

I assumed he had migrated to Canada, admittedly it is not clear.

[jxn 86]

For your child, file a CRBA.

[1911gi45 0]

Thanks for all the answers.

I am actually in the midst of awaiting Canadian Permanent Residency but I am going to withdraw.

We are about to meet with the Consulate here to get my child his American Passport and Dual Citizen status.

I am leaning towards just going to the States and being separated and filing the I-130. Seems to be the fastest and easiest route.

Any thoughts?

[mtlguy 59]

Moving to the states seems the most feasible scenario in your case.

If you can secure a joint sponsor (and make sure you meet the domicile re-establishment requirements) you can come back and spend months at a time here in Canada.

I know it must be extremely tough on a young and new family.

[Boiler 43,397]

Will not be quick.

[1911gi45 0]

I wasnt aware of domicile re-establishment stuff. What does that entail?

I heard that right now they are right around the 6 month mark for processing. Wouldn't Consular Processing be quicker than filing for an IR-1?

Thanks guys.

[Boiler 43,397]

About a year and DCF not available in Canada.

[1911gi45 0]

Its not direct consular filing. Thats while both spouses are in the foreign country and Canada doesnt do that. I am going to the USA and filing an I-130. My wife is staying in Canada.

[Boiler 43,397]

you have lost me, suggest you spend some time reading the Guides.

[1911gi45 0]

Its says on the USCIS website:

If your spouse is OUTSIDE the USA: File Form I-130, Petition for Alien Relative.

When the Form I-130 is approved, it will be sent for consular processing and the consulate or embassy will provide notification and processing information. See form instructions for more information.

According to Visa Journey, the description for the Forum on Direct Consular Filing is:

Discussion on an expedited IR1 / CR1 Visa processing procedure if BOTH the US Citizen and their non US Citizen spouse are living overseas (residence).

Ive read guides. Half the ####### is incomprehensible unless you studied immigration law. That's why im here. If you aren't exactly sure what Im saying I would appreciate if you didn't throw in comments that just confuse me because im having a rough time currently trying to make exact heads or tails out of things. Not trying to be a jerk just trying to be honest. Thanks for all the comments folks.

[Merrytooth 5,748]

If you are patient enough, you could read through this 25++ pages thread about proving domicile

http://www.visajourney.com/forums/topic/164618-proving-domicile-when-not-living-in-the-us/