Jump to content
icycanadian

when should I pack

14 posts in this topic

Recommended Posts

Topic line was used only to grab your attention thank you :) my bf is perm resident and I would like to move to be with him. We live in Canada together but he works in USA. My question is should we have an migration lawyer handle this or is it easy enough for me to do myself. How long will it take generally to be able to move there. I visit him there on a regular basis.. should I assume it will be more then a year? Any advice is appreciated. I dont mind spending money on lawyer. Thank you

Immigration not migration. Lol.

Also- am I able to stay in the US as a canadian while I wait for visa to be processed? This is the most important question..

Edited by icycanadian

Share this post


Link to post
Share on other sites

Topic line was used only to grab your attention thank you :) my bf is perm resident and I would like to move to be with him. We live in Canada together but he works in USA. My question is should we have an migration lawyer handle this or is it easy enough for me to do myself. How long will it take generally to be able to move there. I visit him there on a regular basis.. should I assume it will be more then a year? Any advice is appreciated. I dont mind spending money on lawyer. Thank you

Immigration not migration. Lol.

Also- am I able to stay in the US as a canadian while I wait for visa to be processed? This is the most important question..

only US citizen can petition foreign fiance/fiancee

Permanent resident can only petition spouse and children..


AOS Journey

1/31/16 - Got married

2/24/16 - AOS, EAD, AP packet sent

2/29/16 - Received Date

3/03/16 - Received text and email notification

3/04/16 - Check cashed

3/07/16 - I-797 hardcopy received

3/19/16 - Biometric scheduled received by mail

4/06/16 - I-485 online status changed to Ready to be Scheduled for Interview

4/15/16 - I-485 online status changed to INTERVIEW SCHEDULED

4/17/16 - Interview Notice hardcopy received

4/28/16 - AP & EAD approval date

5/02/16 - AP approval letter received

5/05/16 - EAD card received

5/17/16 - AOS interview

5/23/16 - Online status changed to CASE APPROVE dated 5/18/16

5/23/16 - Received AOS approval letter in the mail

5/23/16 - Online status changed to CARD WAS MAILED TO ME

5/24/16 - Card was picked-up by USPS (online status)

5/26/16 - Green Card on Hand!!! :goofy:

Share this post


Link to post
Share on other sites

The two of you would need to marry. Once married he can petition an f2a. It will take about two years for your visa priority number to become current. You can visit for up to 6 months a year, however be prepared to show ample ties to canada providing a reason to return.

Share this post


Link to post
Share on other sites

Hi,

Your LPR fiancé lives in Canada? He is not suppose to do that. He puts himself at risk for losing his green card.

You can not stay and live in the U.S. You can come to visit and go home. It takes about 2 years for an LPR to petition a spouse. There is nothing that allows you to spend most of that time in the U.S.

Share this post


Link to post
Share on other sites

you a canadian? why not sponsor him for canadian residency status, instead? Canada is more fun than USA, on all aspects.


Sometimes my language usage seems confusing - please feel free to 'read it twice', just in case !
Ya know, you can find the answer to your question with the advanced search tool, when using a PC? Ditch the handphone, come back later on a PC, and try again.

-=-=-=-=-=R E A D ! ! !=-=-=-=-=-

Whoa Nelly ! Want NVC Info? see http://www.visajourney.com/wiki/index.php/NVC_Process

Congratulations on your approval ! We All Applaud your accomplishment with Most Wonderful Kissies !

2mzcunl.gif

Share this post


Link to post
Share on other sites

Topic line was used only to grab your attention thank you :) my bf is perm resident and I would like to move to be with him. We live in Canada together but he works in USA. My question is should we have an migration lawyer handle this or is it easy enough for me to do myself. How long will it take generally to be able to move there. I visit him there on a regular basis.. should I assume it will be more then a year? Any advice is appreciated. I dont mind spending money on lawyer. Thank you

Immigration not migration. Lol.

Also- am I able to stay in the US as a canadian while I wait for visa to be processed? This is the most important question..

hmmmm

1. no visa for a girlfriend, sorry.

2. LPRs with a USA greencard are limited in what they can do, for sponsorship of folk. Might try other status if/when after you two marry.

3. some people in this exact situation chase a TN-1 visa and live in the usa instead of living in canada.

4. things change considerably if/when LPR becomes USCitizen - any plans for that to occur?


Sometimes my language usage seems confusing - please feel free to 'read it twice', just in case !
Ya know, you can find the answer to your question with the advanced search tool, when using a PC? Ditch the handphone, come back later on a PC, and try again.

-=-=-=-=-=R E A D ! ! !=-=-=-=-=-

Whoa Nelly ! Want NVC Info? see http://www.visajourney.com/wiki/index.php/NVC_Process

Congratulations on your approval ! We All Applaud your accomplishment with Most Wonderful Kissies !

2mzcunl.gif

Share this post


Link to post
Share on other sites

Hi all thanks for the replies.. my bf is a treaty Indian and can live in both countries.. so if I understand correctly, if he were to become USC he could sponser me without marriage? We will obv get married at some point but not today or tmrw.. how long would it take do you all think for him to become a citizen? Thank you so much : )

Share this post


Link to post
Share on other sites

Hi all thanks for the replies.. my bf is a treaty Indian and can live in both countries.. so if I understand correctly, if he were to become USC he could sponser me without marriage? We will obv get married at some point but not today or tmrw.. how long would it take do you all think for him to become a citizen? Thank you so much : )

whoa - a treaty indian? that's different then. way different. we don't have much advice, historically, here at this website about them.

However, there's a tribe council that understands a bit about living on the reservation - are you seeking to live on a reservation with him that has boundaries inside of the USA?

I suggest your path is way different than the majority of users here, and also suggest domicile on the reservation is possible for you but you're going to be the 0.001 percent of users here at VJ for tribal movement benefits.


Sometimes my language usage seems confusing - please feel free to 'read it twice', just in case !
Ya know, you can find the answer to your question with the advanced search tool, when using a PC? Ditch the handphone, come back later on a PC, and try again.

-=-=-=-=-=R E A D ! ! !=-=-=-=-=-

Whoa Nelly ! Want NVC Info? see http://www.visajourney.com/wiki/index.php/NVC_Process

Congratulations on your approval ! We All Applaud your accomplishment with Most Wonderful Kissies !

2mzcunl.gif

Share this post


Link to post
Share on other sites

Hi all thanks for the replies.. my bf is a treaty Indian and can live in both countries.. so if I understand correctly, if he were to become USC he could sponser me without marriage? We will obv get married at some point but not today or tmrw.. how long would it take do you all think for him to become a citizen? Thank you so much : )

There isn't a way. He would need to be a citizen before being able to petition you as a fiance. Not 100% but I believe that he'd need to be a resident for 5 years before he could apply for citizenship

Edited by Transborderwife

Share this post


Link to post
Share on other sites

Hi all thanks for the replies.. my bf is a treaty Indian and can live in both countries.. so if I understand correctly, if he were to become USC he could sponser me without marriage? We will obv get married at some point but not today or tmrw.. how long would it take do you all think for him to become a citizen? Thank you so much : )

Just because he is a treaty Indian does not mean he can ignore the rules for maintaining permanent residency.

5 years of being a green card holder to apply for US citizenship. There is also a physical presence requirement. If he spends more than half his time up in Canada, he will not meet the physical presence requirement.

Share this post


Link to post
Share on other sites

Once again thank you.. no, we would not be living in a reserve. He owns and operates several companies and we would be living in the city. I didnt realize you had to be PR for 5 yrs thanks for that info.. he has only had PR status for approx 3. I guess our plan will be to marry and then him sponsor me straight away to get the wait started .. this forum was suggested to me and im very grateful for the advice from you all thanks again ..

Share this post


Link to post
Share on other sites

what means 'sponsor me right away' ?


Sometimes my language usage seems confusing - please feel free to 'read it twice', just in case !
Ya know, you can find the answer to your question with the advanced search tool, when using a PC? Ditch the handphone, come back later on a PC, and try again.

-=-=-=-=-=R E A D ! ! !=-=-=-=-=-

Whoa Nelly ! Want NVC Info? see http://www.visajourney.com/wiki/index.php/NVC_Process

Congratulations on your approval ! We All Applaud your accomplishment with Most Wonderful Kissies !

2mzcunl.gif

Share this post


Link to post
Share on other sites

Hi all thanks for the replies.. my bf is a treaty Indian and can live in both countries.. so if I understand correctly, if he were to become USC he could sponser me without marriage? We will obv get married at some point but not today or tmrw.. how long would it take do you all think for him to become a citizen? Thank you so much : )

Hi we are currently going through this process. My husband is a Jay treaty first nation indian born in Canada also, he's currently living in Florida. He had to go through the process of getting his permanent resident status in order to sponsor me. He is able to do this because we are married and have been for 13 years, not sure how that would work if we were just encaged.

When he applied for his permeant residence status (Sept 2014) he only had to file the paperwork and do his biometrics, no medical or interview required. Once he received his green card (Jan 2015), he filed an I-130 for me (PD July 2015), our case was mailed to lockbox in Chicago, IL then California it was approved Nov 2015. We received a letter from NVC in Dec 2015 with a case number for the Montreal Consulate stating there was no visa available and to wait for our priority date to become current. So now we wait. When all said and done we are looking at least at 2 year process minimum from start to finish.

Hope this helps some cause it's been a struggle to find anyone that understands the Jay Treaty and how it effects immigrating to the USA from Canada.

Share this post


Link to post
Share on other sites
 
Didn't find the answer you were looking for? Ask our VJ Immigration Lawyers.

Create an account or sign in to comment

You need to be a member in order to leave a comment

Create an account

Sign up for a new account in our community. It's easy!

Register a new account

Sign in

Already have an account? Sign in here.

Sign In Now
- Back to Top -


Important Disclaimer: Please read carefully the Visajourney.com Terms of Service. If you do not agree to the Terms of Service you should not access or view any page (including this page) on VisaJourney.com. Answers and comments provided on Visajourney.com Forums are general information, and are not intended to substitute for informed professional medical, psychiatric, psychological, tax, legal, investment, accounting, or other professional advice. Visajourney.com does not endorse, and expressly disclaims liability for any product, manufacturer, distributor, service or service provider mentioned or any opinion expressed in answers or comments. VisaJourney.com does not condone immigration fraud in any way, shape or manner. VisaJourney.com recommends that if any member or user knows directly of someone involved in fraudulent or illegal activity, that they report such activity directly to the Department of Homeland Security, Immigration and Customs Enforcement. You can contact ICE via email at Immigration.Reply@dhs.gov or you can telephone ICE at 1-866-347-2423. All reported threads/posts containing reference to immigration fraud or illegal activities will be removed from this board. If you feel that you have found inappropriate content, please let us know by contacting us here with a url link to that content. Thank you.
×