Start Process From Canada or the U.S.?

[Reveille 0]

Hi, I might be moving to Kentucky with my wife who's an American citizen and it could be as soon as this summer. Is it a good idea or even possible to start the process in the U.S.? If I start it here are there any restrictions on leaving or entering either country? I'm just starting to wrap my mind around the complexities of the process so thanks for your help everyone!

[Inky 1,111]

How are you moving as soon as this summer but have not started any process yet? being Canadian does not let you just automatically move to the US. If you arrive at the border with no visa and say you are moving they will turn you around and say no you aren't and send you back home.

[OBX 51]

With current processing times for spousal visas a summer moving date is unlikely as Inky posted. Read the CR1/IR1 guides and get started asap. You can visit while the process is underway but you will need to show strong ties to Canada and can only stay for the permitted time (for Canadians 180 days). Keep in mind admission is never guaranteed and always at the discretion of the CBP officer.

Edited February 8, 2011 by OBX

[Reveille 0]

Gotcha. Well, we're still only thinking of moving, nothing's set in stone yet which is why I haven't started the process. And I don't want to unless I'm sure we'll be moving.

So, OBX, what you're saying is that I can still enter Canada for up to 180 days? Because I have no intention of coming back barring a horrible emergency. Am I right in thinking that I need to get a K3 so that I can wait in the U.S. for my Green Card application to go through? Am I also right in assuming that this could take up to 5 or 6 months?

Thanks for your patience, folks!

[Inky 1,111]

Gotcha. Well, we're still only thinking of moving, nothing's set in stone yet which is why I haven't started the process. And I don't want to unless I'm sure we'll be moving.

So, OBX, what you're saying is that I can still enter Canada for up to 180 days? Because I have no intention of coming back barring a horrible emergency. Am I right in thinking that I need to get a K3 so that I can wait in the U.S. for my Green Card application to go through? Am I also right in assuming that this could take up to 5 or 6 months?

Thanks for your patience, folks!

No because K-3 is no longer processed, you will file a CR-1 spousal visa, thos are interviewed for ONLY in Montreal, Quebec. It will take around 12 months so file NOW.

You wont be waiting in the US till your application comes through but you can visit the US while your petition is pending.

You must have your medical in either Toronto, Vancouver or Montreal.

The USC files the CR-1 in the US. You have the interview in Montreal. You then move to the USA, a few weeks after your green card will arrive in the mail.

View the guides and understand the process. http://www.visajourney.com/content/i130guide1 http://www.visajourney.com/examples/NVC_Process_Flowchart_v1-2.pdf

If the USC is currently living in Canada, you might qualify for DCF, you would then file in Canada instead of in the US.

[NaCl 2]

As far as I know you have two options:

OPTION 1 Direct Consular Filing(DCF)

If your wife has resided in Canada for over six months you may be able to file for the visa directly in Canada which could significantly reduce wait times (always check with the consulate as each has different requirements as to who can and can't file). If you decide to go this route then make sure you fully understand the domicile requirement (search the DCF form for this). Your wife will also most likely have to find someone in the states with a US income that can co-sponsor you as well. The advantage to this route besides time is that you can continue to live your daily lives together while you wait provided your wife does not have to leave to re-establish domicile (again search the forums to better understand this).

OPTION 2 NORMAL FILING FROM WITHIN US

If your wife is not eligible for DCF or the domicile issue is a problem then your wife returns to the US and files from there. The GC process can take over a year (though typically it is more like 7-10 months)and during this time you will only be able to visit. If you try and cross the border at the same time as your wife with a trailer full of furniture you are definitely going to have problems.

During this time as has been pointed out you can stay for up to 180 days while waiting, though you will not be able to work during this time and will have to travel back to Canada for physicals and your interview. Crossing the border can be somewhat risky, however, as they will place you under stricter scrutiny due to your wife residing in the states and may require stronger guarantees that you will return to Canada than from other travellers.

Going this option domicile will not be an issue and provided that your wife has secured employment by the time of your interview she should be able to sponsor you without a co-sponsor.

I hope that this information is helpful.

[canadian_wife 1,831]

You CANNOT move to the US without an immigrant visa. So do not intend to 'live' in the US without proper authorization. Being Canadian menas you have to follow the rules like everyone else.

Don't plan on leaving Canada with no plans to return 'barring a horrible emergency' as it doesn't work like that. You may visit (up to 180 days if allowed) but you must return to Canada. Read what Inky said again, good advice in there

Good luck

[Darnell 8,480]

I vote for Filing in Canada, on Wednesday.

[Matt n Shannon 3]

IF you move to the US on a visitor visa and over stay, you will get a mandatory ban, and you won't find out about it until your interviewed and they tell you not only are you denied for your visa but that you have a ban to enter the US. Do not OVER STAY ever! It isn't worth it. Just like EVERY other person has to do, you have to wait it out in your HOME country while the visa processes. You can visit the US but you CANNOT go to the US with the intent to immigrate with out the proper immigration Visa. PERIOD.

[Reveille 0]

Great, thanks for the info guys. We live in Montreal so that's a big advantage. Does the fact that we've been married for almost three years make any difference? And that my wife has been living in Canada for about five years?

[Reveille 0]

Oh, and also does it change anything if my wife is a permanent resident?

[OBX 51]

Great, thanks for the info guys. We live in Montreal so that's a big advantage. Does the fact that we've been married for almost three years make any difference? And that my wife has been living in Canada for about five years?

Being married for three years qualifies you to receive IR1 status on entering the US after you receive your visa. That means you receive a 10 year green card and do not have to worry about ROC (removing conditions which saves you money and paperwork in two years).

If your wife is currently living with you in Canada you may qualify for DCF filing. Check out the DCf forum, there is a pinned topic dedicated to DCF petitioning from Canada.

Good luck.

Just saw your second post. You wife is a permanent resident of which country?

Edited February 9, 2011 by OBX

[CanadaLove 16]

The US Government doesn't care that she's a permanent resident of Canada, as long as she is still a citizen of the US. Her residency of 5 years however means that you are eligible for DCF processing; and since you have been married for more than two years, you will be getting an IR1 visa which gets you a 10-year green card without having to adjust status after two years in the US.

ETA: What OBX said.

Edited February 9, 2011 by CanadaLove

[canadian_wife 1,831]

If you file directly with the consulate, keep in mind that Montreal is EXTREMELY strict on domicile - meaning you have to show how the US citizen has moved already to the US before the interview

Good luck

[Darnell 8,480]

Great, thanks for the info guys. We live in Montreal so that's a big advantage. Does the fact that we've been married for almost three years make any difference? And that my wife has been living in Canada for about five years?

Great - study the DCF guide in the Guides section here, file soonish.