Advice needed for K3 application US/Canada

[ernie 0]

Hello everybody!

I'm new.

I am a US citizen.

I just arived in Canada from the US The border crossing was not difficult.

I plan to live in Canada until I can get my wife into the U.S.

This site does not seem to have a sample cover letter for the I-130 or an organized listing of what all documents are needed when I apply. Did I overlook something? Can anybody help me out?

Thanks,

Ernie

[riblet 0]

Hello everybody!

I'm new.

I am a US citizen.

I just arived in Canada from the US The border crossing was not difficult.

I plan to live in Canada until I can get my wife into the U.S.

This site does not seem to have a sample cover letter for the I-130 or an organized listing of what all documents are needed when I apply. Did I overlook something? Can anybody help me out?

Thanks,

Ernie

When you first look at the I-130 or K-3 forums, look at the very first post at the top that has been "pinned". Those posts contain an overview.

[Jersey Girl 2]

What's the plan again? Hanging out in Canada as a tourist while you file for your wife using your U.S. address? Or fulfilling the residency requirements there in order to use Direct Consular Filing?

[Reba 2]

I'm a bit confused too. Considering a US citizen can only stay in Canada for up to 6 months per year/trip as a tourist, and the K3/CR1 petitions and aps are going to take far longer than that....not to mention the CIC petitions and aps taken Even Longer...

[CanadaGirl 0]

It is possible to stay in Canada for awhile while you wait for the visas however to stay the whole time might be difficult.

First of all you need to return to the states every now and then because you can only be in the country for so long. My husband was in Canada with me while I finished school. He went back once a month though to go do his weekend with the Air force reserves. He crossed the border in Niagra falls when he came back to Canada. Each time he just said "I am visiting for 3-4 weeks" and he never had a problem. He did this for about 6 months and didn't have any trouble. I don't know the actual law of how long each year you can be in a Country but you might want to look into that.

Also, you are going to need to fill out an I-864 which you have to prove you can financially support your spouse. You need to have some income for this so I'm curious how you are going to make that work or do you have a co sponsor already?

I wish you luck with being with your spouse for as long as you can. It took me 10 months from my marriage till my K3 visa was in my hand and I was with my husband for 6 of those months so we were very fortunate.

[ernie 0]

I'm a bit confused too. Considering a US citizen can only stay in Canada for up to 6 months per year/trip as a tourist, and the K3/CR1 petitions and aps are going to take far longer than that....not to mention the CIC petitions and aps taken Even Longer...

Thanks pals!

I found the information that I need to collect for the I-130.

I am in Canada without any paperwork on the condition that I will be leaving By December 28. The border official did not ask any questions about how I plan to support myself. I plan to file with the USCIS in Vermont since I am living in Canada, or do you recommend that I file using my U.S. Address?

I plan to reenter the U.S. periodically, after December 28, unless I can get a 1 year vistor's permit.

I have an internet job for a company in the US that will be giving me wages for work that I do while I'm in Canada.

I will not have enough income, so I have a co-sponsor agreed to help me.

Technically speaking, I do not need to have any income, if I have a co sponsor, correct?

Ernie

[Jersey Girl 2]

ernie, ernie, ernie. Did you read the guides?

First up, you need a domicile, that is, a place where you live, officially and legally. That would not be Canada, since it looks like you're only a tourist there. What, pray tell, is the condition that you leave Canada by December 28? Is that self-imposed? In any case, you are not "living in Canada."

For the purposes of petitioning for a visa, it would probably be best for you to have a proper U.S. address, a job, and paystubs. You'll need a decent income to sponsor an immigrant. You are the sponsor. A co-sponsor is only your back-up.

Alternatively, you could leave the U.S. and become an official resident of Canada as a Landed Immigrant. This takes some time, and you'll have to file income tax returns in Canada and the U.S. Then, you could use Direct Consular Filing. But this is a long, convoluted, and expensive proposition. It means getting official permanent resident status for yourself in Canada just so you could get the same thing for your wife in the U.S. May not be the big idea.

If you two want to eventually live and work in the States, it's probably best for you to be domiciled here, working here, and applying through the right Service Center. You can visit Canada for short periods, and may even be able to telecommute to your job without triggering Canadian taxes.

But if you're contemplating a one-year tourist visa to Canada (I didn't know there was one) and applying with no U.S. address, no decent income, and no official status in Canada, it won't work.

Edited July 12, 2006 by Jersey Girl

[simple_male 1]

Hello everybody!

I'm new.

I am a US citizen.

I just arived in Canada from the US The border crossing was not difficult.

I plan to live in Canada until I can get my wife into the U.S.

This site does not seem to have a sample cover letter for the I-130 or an organized listing of what all documents are needed when I apply. Did I overlook something? Can anybody help me out?

Thanks,

Ernie

Please read the guides on each forum. The guide should list what are required for each process. Good Luck with the process!

[meauxna 15]

You must file with your regular US address (when choosing a Service Center). Joisey's right, you're not "living" in Canada.

If you enter/re-enter multiple times, be prepared to be refused entry at some point. The Canadians don't want illegal immigrants any more than the US does. The 2 countries have extended generous VISITING rights to each others' citizens.

Check out the working thing to make sure you are complying with Canadian law. I don't know what it is, but I know that the type of arrangement you say would not be legal if it were done in the US by a visitor.

[ernie 0]

Ok, thanks for the advice.

I already talked with a Canadian Consular several weeks ago about my work and he indicated that I was ok.

I found the guides for the K-3 and I think I understand how to get started.

Ernie

[shirlJ831 0]

good luck !