Requesting help with questions: USC applying for Canadian ctzn - which? where? limitations?

[choles 0]

Hey you wonderful forumers,

We would appreciate any and all help regarding our situation...

Here is where we stand:

Husband (me) is a Canadian Citizen

Wife (she) is an American Citizen.

We live in Canada, but travel back and forth to US frequently. Wife often stays for months in USA.

We've applied for wife's PR in Canada, but have not gotten it yet (she has OHIP, work-permit, etc,

just not the final PR yet). We've been living in Canada for 18+ months.

We have some questions:

a) Can she apply for my (cdn citizen) PR/greencard to immigrate to the USA "from the US" given that

we primarily live in Canada even though her PR there has not been finalized yet? Or because of us

both living in Canada must she apply from Canada (consular)? Does she have both options? (she

spends a decent amount of time in both countries each year)

B) Once she applies for me (from the USA or from Canada), am I able to travel back and forth to

visit her parents/relatives in the USA?

Note: I saw in the forums that K-1 visa applicants were freely travelling, but I am not sure if the

same applies to me cos we're already married

c) When does one apply for a k-3? Do Canadians need K-3 if we have a pending PR application in

place?

d) Is the processing times for consulate applications faster than from within-the-USA applications?

Any other benefits for one versus the other?

Thanks a bunch folks.. keep up the good posting

Choles

[choles 0]

sorry, forgot this one:

e) can I (cdn citizen) apply for a job in the USA while the PR application (whether from canada or from the usa) is pending? if the employer wants me, can I take such a job and legally work while the PR app is pending?

Thanks again folks...

Choles

[trailmix 77]

Hi!

a) Can she apply for my (cdn citizen) PR/greencard to immigrate to the USA "from the US" given that

we primarily live in Canada even though her PR there has not been finalized yet? Or because of us

both living in Canada must she apply from Canada (consular)? Does she have both options? (she

spends a decent amount of time in both countries each year)

She has both options.

B. Once she applies for me (from the USA or from Canada), am I able to travel back and forth to

visit her parents/relatives in the USA?

Yes. Each visit entry is solely up to the discretion of the officer at the POE on the day. There is nothing illegal about travelling while waiting for your application to process. Be sure to bring strong proof of ties to Canada with you. A copy of your U.S. immigration documents, letter from employer stating when you are expected back to work, a copy of your mortgage documents or a lease for a rental, that kind of thing.

c) When does one apply for a k-3? Do Canadians need K-3 if we have a pending PR application in

place?

I'm not sure what your question is here. A K3 is a non-immigrant visa for a spouse, I assume you will be filing for a CR1 or IR1.

d) Is the processing times for consulate applications faster than from within-the-USA applications?

Any other benefits for one versus the other?

Consulate applications are generally faster, that is the only real benefit.

Also, as an aside, you cannot use Canadian income with relation to the affidavit of support, just so you know.

The U.S. sponsor (your wife) will need to prove she is reestablishing domicile in the U.S. - the thread below should help make that clearer. The first link is to the start of the thread (the explanation) the second link is to a post where there are links to interview reviews of people who attempted to or were successful in proving domicile or intent to reestablish domicile.

http://www.visajourney.com/forums/index.php?showtopic=164618

http://www.visajourney.com/forums/index.ph...t&p=3592052

Edited January 6, 2010 by trailmix

[choles 0]

Thanks alot trailmix for your response..

would you or anybody else happen to know about the following:

e) can I (cdn citizen) apply for a job in the USA while the PR application (whether from canada or from the usa) is pending? if the employer wants me, can I take such a job and legally work while the PR app is pending?

Thanks all.

Choles

[canadian_wife 1,823]

You cannot legally work in the US without US authorization to work. This comes in the form of a particular work visa (E1, TN, H1B, L, J1, etc), an employment authorization document (typically given to those on a non-immigrant visa and already in the US such as a K visa or an F vias), etc. Simply having a petition on file does not give you work authorization.

You can apply for any job you want, you cannot work until you have been given the authorization to work

Good luck.

[choles 0]

You cannot legally work in the US without US authorization to work. This comes in the form of a particular work visa (E1, TN, H1B, L, J1, etc), an employment authorization document (typically given to those on a non-immigrant visa and already in the US such as a K visa or an F vias), etc. Simply having a petition on file does not give you work authorization.

You can apply for any job you want, you cannot work until you have been given the authorization to work

Good luck.

Is it possible to GET a work visa while IR-1 is being processed? I guess that is what I meant...

Or does that throw ev.thing off or delay things in the long run??

Thx...

[canadian_wife 1,823]

I guess nothing stops you from applying for a work visa (most require the employer to submit doucments indicating why they cannot hire a US Citizen to do the work you were hired for) and this takes time - can be up to a year for some work visas. Filing DCF from Canada is your fastest route.

[lucyrich 20]

Is it possible to GET a work visa while IR-1 is being processed? I guess that is what I meant...

Or does that throw ev.thing off or delay things in the long run??

Thx...

It may depend on what type of work visa you're talking about.

I believe some work visas require proof of non-immigrant intent. In other words, proof that you intend to leave the US after you stay is over. Not all work visas require this. Some are "dual intent" visas. But I believe a TN visa does require proof of non-immigrant intent.

If you've started the process for the green card, then it will be very difficult to prove you don't intend to get a green card. And if you intend to get a green card, then you intend to immigrate to the US, and that's contrary to the notion of non-immigrant intent.