USC married to Canadian moving to US

[Revy 0]

Hi everyone am new here and am feeling so very overwhelmed.

I am a US citizen, my husband is Canadian. I have been up in Canada on a visitor visa since 2005. Hubby and I have been married since Oct 08. Initially the plan was for me to immigrate up to Canada but plans have changed and now we are looking at moving back to my "home town" in the US. My official address is still there as are most of my family.

I was under the mistaken assumption that once we filed all his papers and we were waiting we could go ahead and move and wait for the approval etc. *stupid of me to assume*. (I swear I was told or read or heard we could do this, I must have dreamed it.) But now from what I am reading that is not the case. We are supposed to be moving at the end of June and I haven't gotten much of the paperwork started. The one thing we do have is the affidavit of support, my father completed it and sent it up last week.

I got excited when I saw the DCF option, but then I am guessing I don't qualify since I am only here on a visitor visa?

Any advice would be greatly appreciated. I got myself into trouble assuming before, but I think I am pretty safe in assuming we will need to postpone the move and get all the forms filed and get his approval?

[canadian_wife 1,791]

Yes, sadly lots of assumptions

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

Follow the link above, your husband cannot move to the US without a proper visa and you've had a visitors visa for 6 years? How does that work? but no, since you are not a legal resident of Canada, you cannot file DCF

Another thing, montreal is VERY strict about domicile, meaning the USC will have to show domicile in the US BEFORE the interview

Finally, no more K-3 visa, please start with the guides in the link posted

Good luck, welcome to VJ

[amykathleen2005 441]

Hi everyone am new here and am feeling so very overwhelmed.

I am a US citizen, my husband is Canadian. I have been up in Canada on a visitor visa since 2005. Hubby and I have been married since Oct 08. Initially the plan was for me to immigrate up to Canada but plans have changed and now we are looking at moving back to my "home town" in the US. My official address is still there as are most of my family.

I was under the mistaken assumption that once we filed all his papers and we were waiting we could go ahead and move and wait for the approval etc. *stupid of me to assume*. (I swear I was told or read or heard we could do this, I must have dreamed it.) But now from what I am reading that is not the case. We are supposed to be moving at the end of June and I haven't gotten much of the paperwork started. The one thing we do have is the affidavit of support, my father completed it and sent it up last week.

I got excited when I saw the DCF option, but then I am guessing I don't qualify since I am only here on a visitor visa?

Any advice would be greatly appreciated. I got myself into trouble assuming before, but I think I am pretty safe in assuming we will need to postpone the move and get all the forms filed and get his approval?

You can move back in June, but it is going to take him several months at least before he can move under a CR-1 visa.

[Inky 1,110]

CR-1 can take around a year. The only place you can get a spousal visa in Canada is from Montreal. They are VERY slow unfortunately. Do some more reading and look at the guides for I-130. Head over to the regional section of VJ and you can find a lot more specific information on domicile and other Canadian specifics.

[OBX 51]

You can move back in June, but it is going to take him several months at least before he can move under a CR-1 visa.

Sadly I would say more than several months. A reasonable estimate would be 10-12 months. Good luck!

[Revy 0]

Yes, sadly lots of assumptions

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

Follow the link above, your husband cannot move to the US without a proper visa and you've had a visitors visa for 6 years?

I renew it every 6mths or yearly. We are a border town and I cross over quite frequently.

Thanks for the link and info.

[Revy 0]

You can move back in June, but it is going to take him several months at least before he can move under a CR-1 visa.

I really should have gotten started on this when we first decided to move. But kept saying "Oh I have lots of time." *sigh* Live and learn. Thanks for responding

CR-1 can take around a year. The only place you can get a spousal visa in Canada is from Montreal. They are VERY slow unfortunately. Do some more reading and look at the guides for I-130. Head over to the regional section of VJ and you can find a lot more specific information on domicile and other Canadian specifics.

Thanks I will check out the regional section.

[Moosker 7]

Welcome to VJ! You got lots of great advice, we're all here to help if you need it