Moving to the US from Canada - need to know what paperwork my wife needs (if any!)

[uscdncitizen 0]

Hey Everyone!

Had a question that I'm hoping I can get an answer to.

I'm relocating to the US for work. I'm a dual citizen of the US and Canada. I was born in the US, have a SSN and US passport (I'm just in the process of renewing it)... I have a Canadian Citizenship card and a Canadian passport and a SIN. My wife is a Canadian citizen, born and raised in Canada. We've been married for about 3.5 years.

We're moving down to the US in about two months. Does my wife need any paperwork/visa's to be able to LIVE in the USA with me? I'm not talking about working - ONLY TO LIVE.

I find this all very confusing. Some people have told me that she needs to apply for a green card and the wait time for that can be 6 months-1 year and that she has to live in Canada or be in Canada most of the time. Other people tell me she doesn't need any paper work at all and that she's fine to cross the border.

Which one is it? I want to make sure she's legally able to cross the border with me when we move - don't want any trouble like her being 'denied' or anything like that.

I was reading on the US Government website about the requirements for Canadians to travel with visas - seen here: http://travel.state.gov/visa/temp/without/without_1260.html

Here's what it says: "Citizens of Canada traveling to the U.S. do not require a nonimmigrant visa, except for the travel purposes described below:

Canadians require nonimmigrant visas for temporary travel to the U.S. for these purposes:

- Foreign government officials (A), officials and employees of international organizations (G) and NATO officials, representatives and employees assigned to the U.S. as needed to facilitate their travel

- Treaty traders (E-1)

- Treaty investors (E-2)

- Fiance/es (K-1)

- Children of fiancées (K-2)

- U.S. citizen's foreign citizen spouse, who is traveling to the U.S. to complete the process of immigration (K-3).

- Children of a foreign citizen spouse (K-4) described above

- Spouses of lawful permanent residents (V-1) traveling to the U.S. to reside here while they wait for the final completion of their immigration process

- Children of spouses of lawful permanent residents (V-2) described above

Based on this, it looks like my wife is fine to travel without a nonimmigrant visa? She's not coming down to the US to complete the process of immigration. She's simply coming to live with me...

But what about an immigrant visa? Does she need to have one of those or is she okay without it?? Is she fine with just her Canadian passport?

Thanks for your help!

[Sweetcheeksss 91]

If y'all are moving there, she definitely requires an immigrant visa. Canadians do NOT require a visa to cross into the US to visit (sometimes up to 6 months) but crossing into the US is at the discretion of Customs and Border Protection. If she hasn't had any prior issues (ie denied entry, criminal record, etc) she most probably won't have any trouble crossing into the US to visit.

And yes, an immigrant visa can take upwards of 1 year to complete. There is only one consulate in Canada that issues them (in Montreal) and they are horribly behind.

Good luck with everything.

[MissDinaDee 8]

To live in the US fulltime, even if you don't intend to work, requires you to have status as a landed immigrant, period!

Without that she would be considered a "visitor" and would be allowed to stay a maximum of 6 months.

She must have status as a permanent resident. I know things have changed but in Canada you were previously able to file for Direct Consular Filing, I am not sure if that is possible or not at this time but that usually took 3 months to get a Greencard via that avenue. Direct Consular Filing (DCF)

If she will be temporarily visiting the US then you are correct and she will not require a visa.

Good luck!

Edited November 24, 2011 by MissDinaDee

[hikergirl 277]

To cross the border with all of your stuff she WILL need a Visa.

You have to be able to prove at the border that you will be coming back to Canada (visitor to US only) and not intending to remain in the US. This means proof of accommodations, banking, utilities, all that good stuff. Without proof, she will not be able to cross as CBP will assume that she is attempting to immigrate without the proper paperwork and will deny entry.

Under no circumstance should you lie to the border guard and say that she is not intending to immigrate when she is. This can result in a ban from the US for your spouse.

Here is a link to the guide for VJ guide for Visa types: http://www.visajourney.com/content/compare

Direct Consular Filing is no longer an option in Canada. We do not have a USCIS field office.

Some people will say to file a K-3 Visa for your spouse but as you can see it doesn't take any less time anymore and is considerably more expensive than a IR-1.

*edited to correct Visa type. You have been married for longer than 2 years and your spouse will receive a 10 year Green Card

Edited November 25, 2011 by hikergirl

[uscdncitizen 0]

Oh no......

So with our move happening in two months - what are our options at this point? Oh this is not good at all. I've read that green cards can take up to a year to process. We don't have that kind of time.

Is there any other way she could stay in the US with me? Work visa maybe? Education visa maybe?

We've already listed our house for sale and in the process of purchasing a new one in the US.

I can't move to the US without my spouse - that's not an option...

To cross the border with all of your stuff she WILL need a Visa.

You have to be able to prove at the border that you will be coming back to Canada (visitor to US only) and not intending to remain in the US. This means proof of accommodations, banking, utilities, all that good stuff. Without proof, she will not be able to cross as CBP will assume that she is attempting to immigrate without the proper paperwork and will deny entry.

Under no circumstance should you lie to the border guard and say that she is not intending to immigrate when she is. This can result in a ban from the US for your spouse.

Here is a link to the guide for VJ guide for Visa types: http://www.visajourney.com/content/compare

Direct Consular Filing is no longer an option in Canada. We do not have a USCIS field office.

Some people will say to file a K-3 Visa for your spouse but as you can see it doesn't take any less time anymore and is considerably more expensive than a IR-1.

*edited to correct Visa type. You have been married for longer than 2 years and your spouse will receive a 10 year Green Card

[hikergirl 277]

I've heard that work visas are harder to get depending on what her occupation is. I haven't really looked into them at all.

If she can get into a school there, there is a chance of getting a Student Visa, but school is very expensive for non-residents. I am not sure what they ask for for that Visa either and I think there is a distinct possibility of getting turned down because of the marriage. Hard to show you don't have immigrant intent when your long-time spouse is a USC and a student visa is a non-immigrant visa.

I do know that there are a few Canadians on VJ that have been turned away at the border and they were only intending to visit the US (but didn't have enough proof of ties with Canada with them) and I've read of one lady that has a 5 year ban but I'm not sure what that was for.

You have to face the possibility of a LDR with your spouse for a while, waiting for an immigrant Visa to go through.

Personally I think your best bet would be to start filing for an IR-1 Visa ASAP and get the ball rolling there and then you would re-establish your residency in the US while she stays behind being processed. That way you don't have the worry of getting turned down for one of the other Visa types and starting from scratch and you having a job and residence in the US would greatly help your case.

[uscdncitizen 0]

Thanks for the reply - hmmm so it does seem like unless she gets a work visa, it wouldn't be possible for her to stay with me all in the US.

Oh man!

What's a LDR ?

I've heard that work visas are harder to get depending on what her occupation is. I haven't really looked into them at all.

If she can get into a school there, there is a chance of getting a Student Visa, but school is very expensive for non-residents. I am not sure what they ask for for that Visa either and I think there is a distinct possibility of getting turned down because of the marriage. Hard to show you don't have immigrant intent when your long-time spouse is a USC and a student visa is a non-immigrant visa.

I do know that there are a few Canadians on VJ that have been turned away at the border and they were only intending to visit the US (but didn't have enough proof of ties with Canada with them) and I've read of one lady that has a 5 year ban but I'm not sure what that was for.

You have to face the possibility of a LDR with your spouse for a while, waiting for an immigrant Visa to go through.

Personally I think your best bet would be to start filing for an IR-1 Visa ASAP and get the ball rolling there and then you would re-establish your residency in the US while she stays behind being processed. That way you don't have the worry of getting turned down for one of the other Visa types and starting from scratch and you having a job and residence in the US would greatly help your case.

[hikergirl 277]

Long Distance Relationship

If she can show ties to Canada she would be able to visit you during the IR-1 process just not live there, just as you would be able to visit her in Canada.

You will have the benefit of having financial co-mingling and a long-term marriage so it won't be as hard for you guys to show that you are in a bonafide relationship when it comes time to interview.

If you look at the top of this page you will see the forums and way down close to the bottom of the forum page is the Canada Regional forum.

There are people a lot more knowledgeable about immigration and the various visas than I am and will have more answers on the different work visas. I think a lot of it would be dependent on what your wife does for a living etc.