Houston, I think we have a solution- (CR-1) AND (PR) in Canada! :)

[Cindo and Joe 0]

After all the questions i've asked and research i've done, i've come up with a plan- let me know if you think it will work!

Currently, I am a USC staying with my lady in Montreal- trying to figure out our best path to stay together while choosing a country.

Step 1. Get married in Canada (soon!)

Step 2. Apply for both U.S. (CR-1) and Canadian (outland PR) visas at the same time.

This will allow Joe to stay in Canada during the Canadian immigration process. If my visit is about to expire- I can apply for a visitor extension with a VALID reason- (I’m waiting for my Outland PR visa to be approved. )

Step 3. Once I am granted PR status in Canada, I can start working here. (Seeing times are around 4-6 months) During this time, the CR-1 visa will still be in process, and will most likely finish 2-5 months later. This will give us time to save money and stay together, and then after having both Visas in our hands- we can then decide which country to live.

From what I can see, the only complications are:

-possible issues with our governments allowing both to be processed simultaneously

-it will cost a bit more since we are paying for immigration in both countries

-I might be stuck in Canada for a little while during the process.

You guys think this will work?

Edited May 7, 2009 by Cindo and Joe

[trailmix 77]

It could work. We have seen this question a couple of times here now and you will hear some dissention from people who don't think it is legit or believe one or the other governments might question your true intent to become a permanent resident of their county.

BUT all that aside - yes, it could work.

The only thing I don't understand is where you say:

This will allow Joe to stay in Canada during the Canadian immigration process. If my visit is about to expire- I can apply for a visitor extension with a VALID reason- (I’m waiting for my Outland PR visa to be approved. )

Aside from talking about yourself in the 3rd person - the only other problem I see here is how do you think Canada will consider your application as 'outland' when you are in the country? If you may have to apply for an extension of your visitor's visa - how can you say you are waiting for an 'outland' application to be processed?

Or when you said 'outland' pr...did you mean the CR1?

Edited May 7, 2009 by trailmix

[Cindo and Joe 0]

It could work. We have seen this question a couple of times here now and you will hear some dissention from people who don't think it is legit or believe one or the other governments might question your true intent to become a permanent resident of their county.

BUT all that aside - yes, it could work.

The only thing I don't understand is where you say:

This will allow Joe to stay in Canada during the Canadian immigration process. If my visit is about to expire- I can apply for a visitor extension with a VALID reason- (I’m waiting for my Outland PR visa to be approved. )

Aside from talking about yourself in the 3rd person - the only other problem I see here is how do you think Canada will consider your application as 'outland' when you are in the country? If you may have to apply for an extension of your visitor's visa - how can you say you are waiting for an 'outland' application to be processed?

Or when you said 'outland' pr...did you mean the CR1?

From what I have gathered, unlike the U.S., Canada doesn't care if you are in the country or not for either process. Inland v.s. Outland applications is merely whether you want to have everything done within the Canadian government -Inland (takes a year or longer) or Outland- which half is done within Canada and the other part is processed in Buffalo, NY (takes 4-6 months).

[Cindo and Joe 0]

I would also like to add that in order to keep Canadian Permanent Residence (PR), you only need to live in the Canada for at least 2 out of 5 years. So we could go live in the U.S. for a while, remove the conditions on the CR-1 before the 2 years is up, and then if we need we could come back to Canada to live.

Edited May 7, 2009 by Cindo and Joe

[trailmix 77]

I would also like to add that in order to keep Canadian Permanent Residence (PR), you only need to live in the Canada for at least 2 out of 5 years. So we could go live in the U.S. for a while, remove the conditions on the CR-1 before the 2 years is up, and then if we need we could come back to Canada to live.

Well it's good that they don't care - re inland/outland

In fact you don't have to live in Canada - as long as you are living with your Canadian spouse you still maintain your Canadian permanent residency.

[Cindo and Joe 0]

Well it's good that they don't care - re inland/outland

In fact you don't have to live in Canada - as long as you are living with your Canadian spouse you still maintain your Canadian permanent residency.

Wow if that's true, even more good news! Do you know if it's the same for the U.S.- does she have to be living in the U.S. for "x" amount of time while holding a green card? Or will it expire if she is not in the country?

[childress_london 3]

Wow, Canada is so much easier than the U.S.! I wish our rules were more like the Canadian's.

[trailmix 77]

Well it's good that they don't care - re inland/outland

In fact you don't have to live in Canada - as long as you are living with your Canadian spouse you still maintain your Canadian permanent residency.

Wow if that's true, even more good news! Do you know if it's the same for the U.S.- does she have to be living in the U.S. for "x" amount of time while holding a green card? Or will it expire if she is not in the country?

I'm sure it's not the same in the U.S. unfortunately.

Here is my reference for the Canadian residency : link

Time spent outside of Canada

You may also count the days spent outside of Canada in the following circumstances as days for which you satisfy the residency obligation:

OPTION 1. Accompanying a Canadian citizen outside Canada

You may count each day that you accompanied a Canadian citizen outside Canada provided that the person you accompanied is your

spouse or common-law partner; or

parent, if you are less than 22 years of age.

Edited May 7, 2009 by trailmix

[SapphireDreams 71]

Well it's good that they don't care - re inland/outland

In fact you don't have to live in Canada - as long as you are living with your Canadian spouse you still maintain your Canadian permanent residency.

Wow if that's true, even more good news! Do you know if it's the same for the U.S.- does she have to be living in the U.S. for "x" amount of time while holding a green card? Or will it expire if she is not in the country?

She would have to live in the US for 6 months of the year (180 days) to keep her Permanent Resident status. Even with the 10 year greencard. The only way to move back to Canada and not lose her status would be for her to get citizenship.

[Kathryn41 3,205]

Actually taking up residence in another country is considered abandoning your green card, so you will be faced with a decision - whether to live in Canada or whether to live in the US and visit the other. Both countries have residency requirements which mean you have to live in those countries - not share your residence between two countries. It would be nice if you could do that but I think you are asking for problems.

While you are waiting for Canadian PR you will need to keep your visitor's status valid. You can enter on a Visitor's Record for 6 months (that is basically what happens when you cross the border) but you need to apply for an extension of the record of get a temporary Residents permit. You may be able to do the first at the border - explain you are visiting while waiting for your immigration papers to be processed through Buffalo. You need to keep a valid status in Canada during the process. Your timeline for Canadian PR also sounds optimistic - I would allow 9 months but perhaps DeadpoolX can give a better answer - he just went through the Canadian process.

If you wish to live in both countries eventually you would be better off getting citizenship in both countries - start with one and then go to the other. That way you are able to move freely back and forth across the border. Regardless of what road you choose expect to do some waiting, and don't expect much sympathy from US immigration if they decide you are not living in the US by pursuing both residencies.

[Cindo and Joe 0]

Over @ RoadToCanada I got this reply for the same topic posted:

The only issue I can see that might come up would be not so much the governments having an "issue" with both visas being processed simultaneously, but with the asset or income minimums you have to meet in order to qualify to sponsor her to the United States. I don't know how that would be affected by you being in Canada (and not working) . . . and my knowledge of the process in that regard is very sketchy . . . but when looking into it myself, I found it would be impossible for me to sponsor my hubby to the States from Canada because I am not working in Canada and I have no assets in the US. There is a pretty good US immigration forum at visajourney.com where I've gotten some info - and the impression that the US process is rather complicated.

I have a gauranteed good full-time job offer with a letter (which I do, as soon as I come back to Los Angeles). I have plenty of ties in the U.S. such as a Car, Storage Unit, etc.

I am also a freelance graphic designer so I can make income without being at a full-time job (contract work).

Would that be enough to satisfy USCIS for proof of income while going for a CR-1?

[trailmix 77]

Over @ RoadToCanada I got this reply for the same topic posted:

The only issue I can see that might come up would be not so much the governments having an "issue" with both visas being processed simultaneously, but with the asset or income minimums you have to meet in order to qualify to sponsor her to the United States. I don't know how that would be affected by you being in Canada (and not working) . . . and my knowledge of the process in that regard is very sketchy . . . but when looking into it myself, I found it would be impossible for me to sponsor my hubby to the States from Canada because I am not working in Canada and I have no assets in the US. There is a pretty good US immigration forum at visajourney.com where I've gotten some info - and the impression that the US process is rather complicated.

I have a gauranteed good full-time job offer with a letter (which I do, as soon as I come back to Los Angeles). I have plenty of ties in the U.S. such as a Car, Storage Unit, etc.

I am also a freelance graphic designer so I can make income without being at a full-time job (contract work).

Would that be enough to satisfy USCIS for proof of income while going for a CR-1?

No. Not unless you were already working at the job - they don't care about future job prospects. It does count in terms of 'proving domicile' - but not for anything to do with the actual income you must have.

As for the second part - the freelance work - as long as this is documented income - you can use this as proof for the I-864. For the two of you the amount you would need to earn annually, based on the 2009 guidelines is $18,212.00

The alternative is to have a joint sponsor. For more information you will want to read the instructions on the I-864 (affidavit of support)

Edited May 7, 2009 by trailmix

[Cindo and Joe 0]

No. Not unless you were already working at the job - they don't care about future job prospects. It does count in terms of 'proving domicile' - but not for anything to do with the actual income you must have.

As for the second part - the freelance work - as long as this is documented income - you can use this as proof for the I-864. For the two of you the amount you would need to earn annually, based on the 2009 guidelines is $18,212.00

The alternative is to have a joint sponsor. For more information you will want to read the instructions on the I-864 (affidavit of support)

Ouch, ok maybe my plan is seeming to fail.

Maybe this is still do-able as long as I can get enough freelance work.... Is the only way to prove income is with a tax-return? If that's the case I would then have to wait a whole year of working freelance to prove I make 18,000....

Does it have to be the most recent tax-return? (I worked for this company that I have a job offer for over 2 years, quit last July, and have W-2's showing how much I was making).

What if I do not have a physical house address in the states (only have a P.O. box, we would get an apartment when we move back) while I submit a CR-1? Is it a requirement to have a home already?

[Cindo and Joe 0]

I just found this on the USCIS website:

When do I file a Form I-864 if my fiancé(e), spouse, or child is a “K” nonimmigrant?

If your relative is either a “K-1” fiancé(e), a “K-3” spouse, or a “K-2” or “K-4” child of fiancé(e) or spouse, you do not need to submit a Form I-864 at the time you file your Form I-129F petition. Instead, you should submit a Form I-864 at the time that your fiancé(e), spouse, or child adjusts status to permanent resident after coming to the United States.

Therefore, wouldn't we be able to start the CR-1 process, go back to the U.S., I start my job, and then file Form I-864 when we plan on adjusting her status?

Or in this case, maybe that's what the K-3 is good for- and I would scrap the CR-1 idea...?

Edited May 7, 2009 by Cindo and Joe

[trailmix 77]

No. Not unless you were already working at the job - they don't care about future job prospects. It does count in terms of 'proving domicile' - but not for anything to do with the actual income you must have.

As for the second part - the freelance work - as long as this is documented income - you can use this as proof for the I-864. For the two of you the amount you would need to earn annually, based on the 2009 guidelines is $18,212.00

The alternative is to have a joint sponsor. For more information you will want to read the instructions on the I-864 (affidavit of support)

Ouch, ok maybe my plan is seeming to fail.

Maybe this is still do-able as long as I can get enough freelance work.... Is the only way to prove income is with a tax-return? If that's the case I would then have to wait a whole year of working freelance to prove I make 18,000....

Does it have to be the most recent tax-return? (I worked for this company that I have a job offer for over 2 years, quit last July, and have W-2's showing how much I was making).

What if I do not have a physical house address in the states (only have a P.O. box, we would get an apartment when we move back) while I submit a CR-1? Is it a requirement to have a home already?

No, you don't have to have a residence already, that's not a problem.

You won't have to wait a year. They will look at your current income. Generally this would require submitting payslips (however since you are self employed you would have to submit other evidence).

Then they look at your last year's tax return and yes - it is that important. While they may ask to see 06 and 07 as well - last year's return is the most important.

Another alternative is to come up with 3 x's the guidelines in assets (cash or other items that can easily be converted to cash within a year)

Edited May 7, 2009 by trailmix