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

[Cdnarmygrl 28]

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.

I think everyone's talking about the same thing but getting confused in terminology. Filing an I-130 is how you get the IR1. It's the same process everyone here is going through.

Like you, my husband is from the US and I'm in Canada. We filed in September of 2013 and have our interview in November 2014. This process is not quick. The 6 month processing you read about is for the first stage( USCIS ). After that it goes on to the NVC and then to your embassy. Things seem to be speeding up but right now 11 to 15 months for the whole process is not unusual,

[1911gi45 0]

I think everyone's talking about the same thing but getting confused in terminology. Filing an I-130 is how you get the IR1. It's the same process everyone here is going through.

Like you, my husband is from the US and I'm in Canada. We filed in September of 2013 and have our interview in November 2014. This process is not quick. The 6 month processing you read about is for the first stage( USCIS ). After that it goes on to the NVC and then to your embassy. Things seem to be speeding up but right now 11 to 15 months for the whole process is not unusual,

Oh man so you and your husband have been separated this whole time?

I am fed up with all this immigration BS. It makes me want to push for immigration reform. It shouldn't be so difficult for people to fall in love from other countries.

Ok.

I am really losing my mind in this whole process. Is there ANY way we can be together and file for USA Immigration? Or should we just try to stick it out in Canada and see what happens? It's killing me not being able to work. My wife just had a baby so she can't work either.Its killing my wife to think of separating, especially since weve got a brand new baby.

Can somebody please just give me a direct answer. An answer without abbreviations and the assumption I know everything entailed about this stuff. Ive spent months reading and reading and I still learn new information every day. Its a black hole. If someone could please just point me in the right direction I would be forever thankful.

Thanks a ton guys. Im not usually such a hot mess. lol

Sincerely,

-A stressed husband and father

[belinda63 2,981]

I think your choices have been pretty much outlined already.

You can file the I-130 following this guide http://www.visajourney.com/content/i130guide1 You can be living anywhere in the world when you do this.

You can remain in Canada while it is processing. The tricky part is when the petition reaches NVC (in about 8-10 months) you will need to show proof you can support your household at 125% the US poverty level. You can do this either on your US based income, assets, or an additional sponsor. When you reach the interview state you will need proof that you have a domicile in the US. My understanding is the embassy in Canada is pretty tight about the domicile issue. By this point you will either want a rental agreement or a home in the US. If you plan to stay with family have them write a notarized letter to this affect. You will also need bank accounts that are US based. It wouldn't hurt to have a US driver's license, credit cards, voter registration, etc. Anything to prove you intend to live in the US.

Don't forget the CRBA for the child so it can obtain a US passport.

Depending on your assets, ability to find an additional sponsor, place to live in the US, etc. you could conceivably remain in Canada and come to the US with the family as a unit.

[Cdnarmygrl 28]

Oh man so you and your husband have been

separated this whole time?

I am fed up with all this immigration BS. It makes me want to push for immigration reform. It shouldn't be so difficult for people to fall in love from other countries.

Ok.

I am really losing my mind in this whole process. Is there ANY way we can be together and file for USA Immigration? Or should we just try to stick it out in Canada and see what happens? It's killing me not being able to work. My wife just had a baby so she can't work either.Its killing my wife to think of separating, especially since weve got a brand new baby.

Can somebody please just give me a direct answer. An answer without abbreviations and the assumption I know everything entailed about this stuff. Ive spent months reading and reading and I still learn new information every day. Its a black hole. If someone could please just point me in the right direction I would be forever thankful.

Thanks a ton guys. Im not usually such a hot mess. lol

Sincerely,

-A stressed husband and father

This process is tough. I've been down to visit but at this point we haven't seen each other in over 6 months. My husband is in the military so him staying up here or even visiting for any length of time is not an option.

As others have said, there aren't many options. As a Canadian, your wife can come into the states for up to 6 months or you can stay in Canada. I wish there was an easier way. Trust me, we would've used it.

[P&DSigler 11]

Hi,

My husband is the US citizen and I am Canadian. We filed the I-130 in May. We got our case complete in September and our interview is for Nov 18th. We live together in Canada and will stay together until we both move. My husband has income that will continue once we move so the Affidavit of support is not a problem. We do have to show domocile. We have a letter from a friend that we will live until we get a place of our own. I don't think that we will have any problems.

[2 canucks 12]

Hey there, first let me say, I know this is frustrating and hardly anyone seems to have your (and my) situation. Here is our situation and how our process will go, perhaps this will help you with some unanswered questions.

I'm the USC, my husband the Canadian. 10+ years ago got married, moved to Canada, filed for Canadian PR status, (which took more than a year... at the 5 month mark I had to request a renewal of my visitor status in Canada... just some paperwork and some $$) had kids in Canada and now we're moving back (with our children) many years later. I have no income and I have no permanent ties in the States anymore. Recently applied for the Consular Report of Birth Abroad for all our kids in Toronto after gathering proof of my time spent in the US. They are now all USC - rather painless and we didn't get the Social Security Numbers or the US Passports.

First, we gathered all necessary documentation, then we filed the I130 petition for my husband for an IR1 Visa from Canada to the Chicago Lockbox (There is no DCF). Got NOA1 (notice of action 1) almost immediately, then there was an RFE, but still got the NOA2 49 days later (it was processed very quickly at the California USCIS).

Next, it gets sent to NVC. Saylin's documentation on the process is excellent to follow without too much trouble to make sense of the whole thing. http://www.visajourney.com/wiki/index.php/NVC_Process It shed the most light on the process. This guy had a lot of the information we needed as well just to make sense of our scenario. http://lawandborder.com/issues-for-u-s-citizens-expats-in-filing-the-form-i-130-immigrant-petition-for-alien-relative/ Check out on that site re-establishing domicile and all the questions at the bottom were especially helpful.

For us, with the Affidavit of Support (AOS), I file as the petitioner, but still have no income other than the CCTB. At this point, still living abroad, I need to prove that I'm taking steps to re-establish domicile in the US (rental agreement with a family member, re-establishing american bank accounts, moving estimates, getting information from schools to enroll kids, insurance quotes, etc. and sign a paper stating that I will establish domicile at a date before or no later than my husband at his Point of Entry) and provide them all the supporting documents of the steps taken. There is a joint sponsor (a family member in the states) that is willing to sponsor my husband in the case that Montreal does not consider my/our assets as sufficient funds.

Of course there is more to be done than just the AOS, but that was the biggest mess to overcome for us. Assuming that everything goes well, it will get sent to the Embassy in Montreal, my husband will fly there, go to the interview, get approved, get all the necessary documentation, pay the fees, we will ALL pack up and move at the very same time without ever having to be apart, just as many others have done.

I'm not sure if this applies exactly to your situation, but perhaps it will give you some insight or hope that you don't have to be apart from your family. OR, maybe I have mis-read your post and I am completely off my rocker in the validity of my response. I'm not a whiz at this, nor am I a professional, but this is what makes sense for us. I have talked to many people and have found hardly anyone that could provide the same scenario, but the ones that DID have it, this is what they have done. Does this help at all? Sorry it's such a headache and heartache for you and your wife...I agree, it stinks!

[NikLR 13,220]

I'll be honest, if you want to live in the USA, then file the I-130 before leave to the USA. Hopefully you'll get unofficial auto expedite.