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Minted7

Question please ?

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Filed: IR-1/CR-1 Visa Country: Canada
Timeline

I'm a U.s. citizen and i'm married to a canadian citizen. We got married in California on September 26th, 2009 (he came down and his family for the wedding)..... after we got married I went to live in Canada with him and we recently decided to move to California. I've come back to the u.s. to get a job and a apartment....so he can come in a few months. I'm just wondering what kind of forums I need. Also while waiting for all the forms to be proccessed can my husband stay in the u.s for 6months and go back then come back for another 6 months?


2009 Sept 26: We were married in Turlock, California =D

USCIS

2010 Apr 29: Filed I-130

2010 May 12: I-130 recieved

2010 May 13: Check cashed

2010 May 12: NOA1

2010 Jun 8: Touched

2010 Jun 9: Touched ...again???

2010 Oct 26: Touched !! (after calling USCIS, and congressman 3 days earlier)

2010 Nov 1: RFE (G-325A & Photos)

2010 Nov 9: Touched

2010 Nov 10: Touched

2010 Nov 16: Touched

2010 Nov 17: Touched ... again.

2010 NOV 22: NOA2 =)

NVC

11/xx/10: NVC Assigns a Case#

11/30/10: Called NVC provided emails/ got case# & IIN #

11/30/10: hubby emailed DS3032

11/30/10: paid AOS fee

12/01/10: AOS status paid

12/06/10: hubby emailed DS3032 again..got a confirmation same day!

12/06/10: IV bill invoiced

12/07/10: DS-3032 (Choice of agent) accepted

12/10/10: mailed AOS packet!

12/15/10: pay IV bill

01/10/11: hubby mailed IV packet

02/01/11: checklist from NVC hubby has to fill out EP for montreal!

02/06/11: hubby completed and submitted EP application.

03/10/11: SIF/ case complete=)

04/12/11: Medical completed!

04/20/11: Picked up medical...passed =)

05/03/11: Interview Scheduled @ 8AM!!! =)

05/03/11: APPROVED YAY! =)

05/09/11: Visa in hand! =)

07/02/11: POE =)=)

event.png

"Try not. Do or do not. There is no try."

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So just to clarify, you both want to permanently settle in California, correct?

The forms that need to be filed are the I-130 (Petition for Alien Relative), I-485 (Adjustment of Status), I-765 (Application for Employment Authorization Document) --> once this is approved, then he can start working while the case is pending, I-693 (Report of Medical Examination and Vaccination Record), I-864 (Affidavit of Support) and G-325A (Biographic Information).

You probably would also need to file the I-131 form (Advanced Parole) if he wants to go back to Canada while the case is pending. If everything goes smoothly though, the whole process may not even take 6 months. It took five months from the day I sent in all the forms to the day my green card was approved. I wasn't able to send in the I-864 with the initial packet. They sent me an RFE and it took me 2 months to send it in, so technically everything only took more or less 3 months.

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Filed: Citizen (apr) Country: Canada
Timeline

CatPower - please be careful as to what you post, this information is not what the OP needs

Minted7 - your husband CANNOT come to the US as a tourist with the intentions of immigrating (filing the adjustment of status as CatPower suggested). This is immigration fraud and can result in a lifetime bad from the United States. Since you are already married and you've moved back to the US - you need to send the I-130 and G-325A, with supporting forms and documents, to USCIS. Please follow the guides to help you get started.

http://www.visajourney.com/content/i130guide1

Your husband can certainly visit. Admittance and duration of stay is up to the CBP at the time of crossing. It is quite possible that admittance for 6 months will be granted, however it is also possible that it won't be. To increase your chances of admittance, he should bring strong ties to Canada to show that he intends to return and will not commit immigration fraud.

I won't lie, the process will take 8 - 12 months. He'll interview in Montreal and it is a terribly slow consulate.

Come on by the Canada forum for support and advice

http://www.visajourney.com/forums/forum/93-canada/

Good luck


USCIS
August 12, 2008 - petition sent
August 16, 2008 - NOA-1
February 10, 2009 - NOA-2
178 DAYS FROM NOA-1


NVC
February 13, 2009 - NVC case number assigned
March 12, 2009 - Case Complete
25 DAY TRIP THROUGH NVC


Medical
May 4, 2009


Interview
May, 26, 2009


POE - June 20, 2009 Toronto - Atlanta, GA

Removal of Conditions
Filed - April 14, 2011
Biometrics - June 2, 2011 (early)
Approval - November 9, 2011
209 DAY TRIP TO REMOVE CONDITIONS

Citizenship

April 29, 2013 - NOA1 for petition received

September 10, 2013 Interview - decision could not be made.

April 15, 2014 APPROVED. Wait for oath ceremony

Waited...

September 29, 2015 - sent letter to senator.

October 16, 2015 - US Citizen

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Filed: IR-1/CR-1 Visa Country: Ireland
Timeline

Are you wanting to get a CR1 visa? This is for people who are already married and it's the quickest way for your spouse to be able to work without getting the work permit. You need to first apply for an I130. This can take up to 5 months for approval, but I hear on average it about 3 months. After that it gets sent to NVC (national visa Center) where you send in the rest of the packets. At this point your spouse is not supposed to enter the US. I have heard of people trying to enter and not being allowed in. I have also heard of other people who come over and bring documentation (lease, work letter, etc)that they will be returning back to their own country. Your husband cannot live with you during the process. I know it's unfortunate but it's the way our wonderful country makes this entire ridiculous process even more stressfull.

You have a lot of research to do, it doesn't seem like you know anything about the process at all. Good luck!


Marriage : 2010-01-21

I-130 Sent : 2010-02-12

I-130 NOA1 : 2010-02-22

I-130 NOA2: 2010-04-29

NVC Received : 2010-05-03

3032/I-864 Bill 2010-05-07

Pay I-864 Bill 2010-05-12

CompleteDS-3032 2010-05-07

Receive IV Bill 2010-05-07

Pay IV Bill : 2010-05-07

Interview: 2011-04-28 ;)

Visa Received: 2011-06-27

POE (SFO): 2011-12-27

SSN: 2012-1-4

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Filed: IR-1/CR-1 Visa Country: Canada
Timeline

After that it gets sent to NVC (national visa Center) where you send in the rest of the packets. At this point your spouse is not supposed to enter the US.

Oh dear, this thread is full of misinformation - that can't be good.

Minted7 - the information that Canadian_wife gave you is correct.

Irishlover - there is no guideline that says that once the file has reached NVC the spouse is not supposed to enter the U.S.

It is completely up to the border person on the day and, as canadian_wife mentioned, the visitor needs to bring strong proof of ties to Canada.

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Filed: Other Country: China
Timeline

Oh dear, this thread is full of misinformation - that can't be good.

Minted7 - the information that Canadian_wife gave you is correct.

Irishlover - there is no guideline that says that once the file has reached NVC the spouse is not supposed to enter the U.S.

It is completely up to the border person on the day and, as canadian_wife mentioned, the visitor needs to bring strong proof of ties to Canada.

I agree with the above. It's a great idea to have evidence of ties to Canada but in many cases, Canadians just breeze right through. Evidence of ties does not trump obvious immigrant intent though, so there are no guarantees. I think a lot of this misinformation about visiting comes from people not willing to take ANY risk of refused entry and exaggerating their fear of risk by equating a "risk" to a "can't". Then you pass that around a small room once and it becomes a regulation.

A visitor who faces the cost of a round trip ticket with no assurance they won't get turned around at the POE, will often simply elect not to take the risk. It's a personal choice, where somebody who can drive to the border crossing in a short time is more likely to give it a try.


Facts are cheap...knowing how to use them is precious...
Understanding the big picture is priceless. Anonymous

Google Who is Pushbrk?

A Warning to Green Card Holders About Voting

http://www.visajourney.com/forums/topic/606646-a-warning-to-green-card-holders-about-voting/

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Filed: IR-1/CR-1 Visa Country: Canada
Timeline

Wow you guys are full of information. Thankyou very much! I don't intend on bringing him here as a tourist and then having him stay and immigrating I just want to fill out the correct paperwork to have him be able to stay with me, we just want to avoid being apart. If while I the forms are processing and he can visit every 6months then leave, that would be great he would travel back and forth until they are complete. I haven't done any forms yet and don't know where to begin, I am thinking about seeing a lawyer also. When I first started searching for things on the internet and read some people are apart from each other for 6months to a year or more my heart dropped down to my stomach, I think I would be depressed. =(


2009 Sept 26: We were married in Turlock, California =D

USCIS

2010 Apr 29: Filed I-130

2010 May 12: I-130 recieved

2010 May 13: Check cashed

2010 May 12: NOA1

2010 Jun 8: Touched

2010 Jun 9: Touched ...again???

2010 Oct 26: Touched !! (after calling USCIS, and congressman 3 days earlier)

2010 Nov 1: RFE (G-325A & Photos)

2010 Nov 9: Touched

2010 Nov 10: Touched

2010 Nov 16: Touched

2010 Nov 17: Touched ... again.

2010 NOV 22: NOA2 =)

NVC

11/xx/10: NVC Assigns a Case#

11/30/10: Called NVC provided emails/ got case# & IIN #

11/30/10: hubby emailed DS3032

11/30/10: paid AOS fee

12/01/10: AOS status paid

12/06/10: hubby emailed DS3032 again..got a confirmation same day!

12/06/10: IV bill invoiced

12/07/10: DS-3032 (Choice of agent) accepted

12/10/10: mailed AOS packet!

12/15/10: pay IV bill

01/10/11: hubby mailed IV packet

02/01/11: checklist from NVC hubby has to fill out EP for montreal!

02/06/11: hubby completed and submitted EP application.

03/10/11: SIF/ case complete=)

04/12/11: Medical completed!

04/20/11: Picked up medical...passed =)

05/03/11: Interview Scheduled @ 8AM!!! =)

05/03/11: APPROVED YAY! =)

05/09/11: Visa in hand! =)

07/02/11: POE =)=)

event.png

"Try not. Do or do not. There is no try."

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Filed: IR-1/CR-1 Visa Country: Canada
Timeline

It's quite possible you will be apart for 6 months or more.

The entire process is going to take around 12 months. While technically he can visit for up to 6 months at a time, don't overlook the "strong proof of ties" that we have been talking about.

As Push mentioned, many Canadians visit during the visa process and have no problems entering the U.S. at all, but that is not always the case and you need to be prepared for that.

Also, while Canadians can stay for 180 days at a time (unless the border officer instructs otherwise) - and can then leave the U.S. and basically try to reenter for another 180 days, this is not in any way guaranteed. There is a fine line between 'visiting' and 'residing' in the U.S. and the U.S. border personel will send him back to Canada if they feel his intention is to reside there (regardless of any proof of ties he has with him).

Unless you are really bad at filling out forms and giving them the attention to detail that they need, you probably don't need a lawyer, unless you have other circumstances that might require a lawyer's assistance to help you understand how to proceed. A lawyer cannot make the process go faster.

Start by reading the guide here for the CR1/IR1 visa (link at top of this page to Guides).

Edited by trailmix

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Filed: Other Country: China
Timeline

Wow you guys are full of information. Thankyou very much! I don't intend on bringing him here as a tourist and then having him stay and immigrating I just want to fill out the correct paperwork to have him be able to stay with me, we just want to avoid being apart. If while I the forms are processing and he can visit every 6months then leave, that would be great he would travel back and forth until they are complete. I haven't done any forms yet and don't know where to begin, I am thinking about seeing a lawyer also. When I first started searching for things on the internet and read some people are apart from each other for 6months to a year or more my heart dropped down to my stomach, I think I would be depressed. =(

Typically, a Canadian can visit the USA for six months maximum in any year. US Citizens visiting Canada works pretty much the sae way. Your husband cannot visit for six months, then exit and re-enter for another six months though. It's a "visitor" privilege.

Follow the CR1 guide and make sure that at the NVC stage you opt in for the electronic processing.


Facts are cheap...knowing how to use them is precious...
Understanding the big picture is priceless. Anonymous

Google Who is Pushbrk?

A Warning to Green Card Holders About Voting

http://www.visajourney.com/forums/topic/606646-a-warning-to-green-card-holders-about-voting/

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Filed: IR-1/CR-1 Visa Country: Canada
Timeline

Can I visit him in canada for 6months while the paperwork is processing? So I should start with the CR1 ...........not K-3 's or anything like that...wow this is so confusing.


2009 Sept 26: We were married in Turlock, California =D

USCIS

2010 Apr 29: Filed I-130

2010 May 12: I-130 recieved

2010 May 13: Check cashed

2010 May 12: NOA1

2010 Jun 8: Touched

2010 Jun 9: Touched ...again???

2010 Oct 26: Touched !! (after calling USCIS, and congressman 3 days earlier)

2010 Nov 1: RFE (G-325A & Photos)

2010 Nov 9: Touched

2010 Nov 10: Touched

2010 Nov 16: Touched

2010 Nov 17: Touched ... again.

2010 NOV 22: NOA2 =)

NVC

11/xx/10: NVC Assigns a Case#

11/30/10: Called NVC provided emails/ got case# & IIN #

11/30/10: hubby emailed DS3032

11/30/10: paid AOS fee

12/01/10: AOS status paid

12/06/10: hubby emailed DS3032 again..got a confirmation same day!

12/06/10: IV bill invoiced

12/07/10: DS-3032 (Choice of agent) accepted

12/10/10: mailed AOS packet!

12/15/10: pay IV bill

01/10/11: hubby mailed IV packet

02/01/11: checklist from NVC hubby has to fill out EP for montreal!

02/06/11: hubby completed and submitted EP application.

03/10/11: SIF/ case complete=)

04/12/11: Medical completed!

04/20/11: Picked up medical...passed =)

05/03/11: Interview Scheduled @ 8AM!!! =)

05/03/11: APPROVED YAY! =)

05/09/11: Visa in hand! =)

07/02/11: POE =)=)

event.png

"Try not. Do or do not. There is no try."

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Filed: IR-1/CR-1 Visa Country: Canada
Timeline

Yes you can visit him in Canada while it is processing, keep in mind that you have to sponsor him though - so you will need to have income of 125% of the poverty guidelines and be able to prove that (or have a cosponsor who can).

The K3 is all but obsolete.

You don't mention what your status in Canada was, did you file for Canadian permanent residency?

I'm going to leave it at that for now. You are getting confused because you haven't read the guides yet - you are focusing on how you can be together now instead of what is involved in the immigration process. Think of it as being akin to planning your time off from work - but you haven't had the interview for the job yet.

Read the CR1 and DCF guides and see which might work for you. Once you understand the process - THEN start figuring out how you can spend the maximum amount of time together during that process.

Come back and ask questions you will have :)

Edited by trailmix

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Filed: IR-1/CR-1 Visa Country: Canada
Timeline

Trail - no i didn't apply for canadian permanat residency

suna - I haven't done any paperwork yet.


2009 Sept 26: We were married in Turlock, California =D

USCIS

2010 Apr 29: Filed I-130

2010 May 12: I-130 recieved

2010 May 13: Check cashed

2010 May 12: NOA1

2010 Jun 8: Touched

2010 Jun 9: Touched ...again???

2010 Oct 26: Touched !! (after calling USCIS, and congressman 3 days earlier)

2010 Nov 1: RFE (G-325A & Photos)

2010 Nov 9: Touched

2010 Nov 10: Touched

2010 Nov 16: Touched

2010 Nov 17: Touched ... again.

2010 NOV 22: NOA2 =)

NVC

11/xx/10: NVC Assigns a Case#

11/30/10: Called NVC provided emails/ got case# & IIN #

11/30/10: hubby emailed DS3032

11/30/10: paid AOS fee

12/01/10: AOS status paid

12/06/10: hubby emailed DS3032 again..got a confirmation same day!

12/06/10: IV bill invoiced

12/07/10: DS-3032 (Choice of agent) accepted

12/10/10: mailed AOS packet!

12/15/10: pay IV bill

01/10/11: hubby mailed IV packet

02/01/11: checklist from NVC hubby has to fill out EP for montreal!

02/06/11: hubby completed and submitted EP application.

03/10/11: SIF/ case complete=)

04/12/11: Medical completed!

04/20/11: Picked up medical...passed =)

05/03/11: Interview Scheduled @ 8AM!!! =)

05/03/11: APPROVED YAY! =)

05/09/11: Visa in hand! =)

07/02/11: POE =)=)

event.png

"Try not. Do or do not. There is no try."

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Filed: IR-1/CR-1 Visa Country: Canada
Timeline

Ok so DCF isn't an option for you - you need to have some kind of status in Canada, other than visitor. Well that narrows your choice down to the CR1 visa then - at least that helps alleviate some of the confusion.

Don't be overwhelmed just yet, you will find that once you have all the information you have a lot to do with how fast this process goes - you can have all your documents and forms ready to send as it progresses and that will speed things up a lot.

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Filed: IR-1/CR-1 Visa Country: Canada
Timeline

it's just when I go to the website http://kb.immigrationdirect.com/search.aspx

It's confusing because there are K-3 and k-1

then apply for a u.s. green card through marriage

then there are other ones like the CR1 and it's like whoa which one do i pick.... sheesh =/


2009 Sept 26: We were married in Turlock, California =D

USCIS

2010 Apr 29: Filed I-130

2010 May 12: I-130 recieved

2010 May 13: Check cashed

2010 May 12: NOA1

2010 Jun 8: Touched

2010 Jun 9: Touched ...again???

2010 Oct 26: Touched !! (after calling USCIS, and congressman 3 days earlier)

2010 Nov 1: RFE (G-325A & Photos)

2010 Nov 9: Touched

2010 Nov 10: Touched

2010 Nov 16: Touched

2010 Nov 17: Touched ... again.

2010 NOV 22: NOA2 =)

NVC

11/xx/10: NVC Assigns a Case#

11/30/10: Called NVC provided emails/ got case# & IIN #

11/30/10: hubby emailed DS3032

11/30/10: paid AOS fee

12/01/10: AOS status paid

12/06/10: hubby emailed DS3032 again..got a confirmation same day!

12/06/10: IV bill invoiced

12/07/10: DS-3032 (Choice of agent) accepted

12/10/10: mailed AOS packet!

12/15/10: pay IV bill

01/10/11: hubby mailed IV packet

02/01/11: checklist from NVC hubby has to fill out EP for montreal!

02/06/11: hubby completed and submitted EP application.

03/10/11: SIF/ case complete=)

04/12/11: Medical completed!

04/20/11: Picked up medical...passed =)

05/03/11: Interview Scheduled @ 8AM!!! =)

05/03/11: APPROVED YAY! =)

05/09/11: Visa in hand! =)

07/02/11: POE =)=)

event.png

"Try not. Do or do not. There is no try."

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