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MissJulieB

I am Canadian my Spouse is from the USA

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Filed: Country: Canada
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I am a Canadian Citizen my husband is American. We were married in 2009

My husband has been living in Canada since we got married cause we have not been able to decide where we want to move. My husband is not able to work and we are wondering how to go about applying for me to immigrate to the USA from Canada??? Please help I no idea where to start, do we go directly to the consolate office here for help??


"My God supply's all my needs"

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Filed: Citizen (apr) Country: Canada
Timeline

IF someone could maybe move your post over to the canada forum section you might get a lot more help there.

K3s are obsolite now too.

You may be able to do a DCF from canada (depending on if your elegible) or he could go back to USA and file a CR-1 for you.


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Your I-129f was approved in 5 days from your NOA1 date.

Your interview took 67 days from your I-129F NOA1 date.

AOS was approved in 2 months and 8 days without interview.

ROC was approved in 3 months and 2 days without interview.

I am a Citizen of the United States of America. 04/16/13

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Filed: Citizen (apr) Country: Canada
Timeline

Hi,

The place to start is by actually researching the immigration process :). A good place to start that is at the USCIS website: http://www.uscis.gov and read on immigrating to the US as the Spouse of a US citizen. You will also find the guides here on VJ (at the top of every page) very useful. For your situation you will find the CR-1 guide of use: http://www.visajourney.com/content/i130guide1 . The CR-1 visa is a spousal visa where your husband files an 1-130 petition to the US government requesting permission for his wife to apply for a spousal visa. When that permission is received, then the paperwork shifts to the National Visa Center http://www.visajourney.com/examples/NVC_Process_Flowchart_v1-2.pdf which will send information to your husband about what is needed next and then it shifts to the US Consulate in Canada based in Montreal (only Montreal handles immigration paperwork). There will be more paperwork submitted at that time and an interview scheduled in Montreal. If the interview is successful you will receive the visa in your passport which you have to use within 6 months. When you then enter the US, it 'activates' the visa and you become a permanent resident in the US and are issued your green card.

If your husband has legal status in Canada (eg work or student visa - being a visitor doesn't count) then you may be eligible for Direct Consular Filing which means that the I-130 is submitted in Canada not the US: http://www.visajourney.com/content/dcf .

The K-3 option is being phased out and is virtually obsolete. It was started at a time when the CR-1 visa was taking much longer than it is now and allowed the spouse to come to the US part way through the process and complete the process in the US, allowing the couple to be together instead of separated. Now, the first part of the K-3 process is taking about the same amount of time as the full CR-1 process, and then you still have to complete the immigration process when you arrive in the US. The K-3 turns out to be much longer and much more expensive than the CR-1 .

So, read over the above information, read through these forums, read the USCIS website, read through all of the forms and their instructions - and then start at the beginning and work your way through the process step by step. You don't need a lawyer to do this if you are good at following instructions. One thing you may need, however, since you mention your husband has no US based income for the last year, is a co-sponsor who will join with your husband and guarantee you will not become a financial liability on the US tax base. (This is called the Affidavit of Support).

Finally, I am moving this post out of the K-3 forum to the CR-1 forum as this would be the preferred method for immigrating to the US.


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