Pretty much a newbie - ??? about bringing Canadian hubby to the States

[Rob'sLuv 1]

I've been around before - but it's been awhile. I'm a US citizen, married to a Canadian citizen. We currently live in Canada. Immigration Canada has been making us jump through hoops for over three years now and I still don't have permanent status. You would not believe what we've been through!

We fell in love 7 years ago and we've been married now for almost 4 years and it's becoming clear to me that this is not the life we planned for ourselves. In every way we are stressed to the max and it doesn't help that two of my children (ages 24 & 22) stayed behind in California and I haven't seen them in 4 years. I have decided that I'll give it six more months - if our quality of life has not improved significantly, and if I haven't gotten permanent status by then, we will move back to the States when school is out in June 2011.

So, here's what I need to know. My husband's former boss has his own business in California, where I'm from. What would be the process for my husband to be able to work for him there? He's already doing some work for him here - for the Canadian contingent, so to speak - but what has to happen for him to earn income in California? Also, I know from before that there's a minimum income/asset requirement to sponsor a spouse (and, I'm assuming, a dependent child). My husband has a 14 year old son who would be coming with us who would be 15 by then, and my daughter (who will be 17) is a US citizen. How much is required? I also think I remember reading that my husband's income can qualify us - is that true and, if so, does that change the amount? When would I be able to start the process to sponsor them? I'm assuming we'd have to wait until we can show a sufficient income - so that probably eliminates doing any of this from Canada?

[canadian_wife 1,795]

If you decide to go the US permenant resident route, you'd file the petition for a CR-1 visa. This will allow your husband to enter the US as your spouse and automatically grant him a green card and work/travel privledges. He would then go to the SSN office and get an SSN to give to the employer.

If you have status in Canada (what is your status by the way) you can file directly with the consulate (that is if you are something other than a tourist) and this will drastically eliminate a lot of the wait time. If you do file with the consulate, you will have to show, as the US citizen, how you have 're-established domicile' in the US. This will require a lease/mortgage, a job, enrollment in school, etc. Canadian consulates are strict on this matter.

Someone more knowledgeable than I am on income requirements will help you with that side.

Good luck

[road417king 7]

If you decide to go the US permenant resident route, you'd file the petition for a CR-1 visa.

Actually it would be an IR1 visa since they've been married for almost four years, but everything else is accurate.

Can't speak to Canadian income being sufficient for immigration to the US, this is one where I'd consult an immigration lawyer since there currently is no US income to speak of.

Hope this helps!

Mike

[canadian_wife 1,795]

Thanks for the correction

[Rob'sLuv 1]

Thanks so much for the input so far - but what I was wondering is whether my husband's former employer can "sponsor" him to work in the States for him, and whether we could meet the income requirements based on the income he would be earning from that job? And, if he can get sponsored for a work permit (I know I'm probably talking "Canadian-ese here because I'm well versed on Canadian Immigration practices/procedures but not on US policies), is there any need/advantage at all to me sponsoring him? I've heard, either way, he has to live in the States six months of each year to maintain his permanent status . . . as a Canadian, he can visit there for that long - and if he was able to work because of his association with someone who has a business in California, would he even need me to sponsor him? Hope this makes sense. I could answer just about any question you have about sponsoring a spouse to Canada, but when it comes to this, I'm clueless!!

[LotofPatience 65]

Thanks so much for the input so far - but what I was wondering is whether my husband's former employer can "sponsor" him to work in the States for him, and whether we could meet the income requirements based on the income he would be earning from that job? And, if he can get sponsored for a work permit (I know I'm probably talking "Canadian-ese here because I'm well versed on Canadian Immigration practices/procedures but not on US policies), is there any need/advantage at all to me sponsoring him? I've heard, either way, he has to live in the States six months of each year to maintain his permanent status . . . as a Canadian, he can visit there for that long - and if he was able to work because of his association with someone who has a business in California, would he even need me to sponsor him? Hope this makes sense. I could answer just about any question you have about sponsoring a spouse to Canada, but when it comes to this, I'm clueless!!

When his employer sponsors him, it will be under employment category not family based. I have heard employers can bring a person in Green Card if they can prove that the employee has exceptional skill and this skill is not available in the U.S. Couple of my doctor relatives came into the States in 1970s and 80s like this.

IMO, employer can sponsor the person in non-immigrant work visa such as H1 etc., provided employer meets all USCIS criteria such as min. yearly turnover (I believe it is $500K or $1M or more) and all.

Loto

Edited July 25, 2010 by LotOfPatience

[Rob'sLuv 1]

Wow, US immigration is quite a bit different from Canadian Immigration. It's really hard to even find a common point of reference. Seems they do everything differently. The only thing that seems to be the same is that a sponsor living overseas has to prove they intend to come back home and settle in order to get their partner status - and that makes sense. Other than that, it just boggles my mind.

Edited July 25, 2010 by Rob'sLuv

[LotofPatience 65]

Wow, US immigration is quite a bit different from Canadian Immigration. It's really hard to even find a common point of reference. Seems they do everything differently. The only thing that seems to be the same is that a sponsor living overseas has to prove they intend to come back home and settle in order to get their partner status - and that makes sense. Other than that, it just boggles my mind.

If you (sponsor) work in Canada and makes enough money to prove your financial resources, why don't you do DCF in Canada and bring your husband and step-son faster here?

Loto

[Rob'sLuv 1]

If you (sponsor) work in Canada and makes enough money to prove your financial resources, why don't you do DCF in Canada and bring your husband and step-son faster here?

Loto

Sorry, didn't see this til now. I work in Canada but don't make even half of the income requirement. Besides, my Canadian income would not be continuing in the States and I think, from what I've read, that has to be true. I can still DCF in Canada (I'm eligible), and I can establish domicile pretty easily, I think, but the income/asset thing is the real problem. I've started another thread that addresses the specifics. Thanks for your reply and help.

[LotofPatience 65]

Sorry, didn't see this til now. I work in Canada but don't make even half of the income requirement. Besides, my Canadian income would not be continuing in the States and I think, from what I've read, that has to be true. I can still DCF in Canada (I'm eligible), and I can establish domicile pretty easily, I think, but the income/asset thing is the real problem. I've started another thread that addresses the specifics. Thanks for your reply and help.

This is one of the problems for DCF filers.

Many US citizens living abroad will not have a US-based income. Your foreign earned income can not be used to satisfy the I-864 unless it will continue when you are in the US. Your assets, and those of your spouse, can be used in lieu of income, or you may have employment in the US starting up. A Joint Sponsor may be the only solution for some families.

Hope this helps out!

Loto

[OBX 51]

Sorry, didn't see this til now. I work in Canada but don't make even half of the income requirement. Besides, my Canadian income would not be continuing in the States and I think, from what I've read, that has to be true. I can still DCF in Canada (I'm eligible), and I can establish domicile pretty easily, I think, but the income/asset thing is the real problem. I've started another thread that addresses the specifics. Thanks for your reply and help.

Just a heads up regarding establishing domicile. The Montreal consulate has been particularly picky about domicile lately. You might want to review this thread for additional information. It's a bit of a read but you will want to be prepared. Good luck!

Establishing Domicile When not Living in the US