US Citizen marrying Canadian Citizen

[jays455 0]

Hello,

I am a US citizen and will be marrying my fiancee a Canadian citizen in May 2012. I'm unsure about the processing time to bring my spouse to the US. I live in Michigan.

We will get married in Ontario Canada and I want to bring my spouse back to Michigan with me to live here permanently. I understand I have to apply for I130 and I485 for my spouse.

My question is, when we get married in May, will she be able to cross the US border into Michigan with me? Or will she have to wait until I file the I130 and wait for that to get approved and then she can enter into Michigan to come live me with me?

Basically, what is the fastest way she can join me in Michigan given that she doesn't qualify for employment based immigration or TN status?

I appreciate any help you can provide. Thank you.

[Pitaya 2,577]

Welcome to forum.

Check out the Guides to see which Fiancee/Spouse visa process works best for you and your fiancee.

Good luck.

[myra2223 2]

Hello,

I am a US citizen and will be marrying my fiancee a Canadian citizen in May 2012. I'm unsure about the processing time to bring my spouse to the US. I live in Michigan.

We will get married in Ontario Canada and I want to bring my spouse back to Michigan with me to live here permanently. I understand I have to apply for I130 and I485 for my spouse.

My question is, when we get married in May, will she be able to cross the US border into Michigan with me? Or will she have to wait until I file the I130 and wait for that to get approved and then she can enter into Michigan to come live me with me?

Basically, what is the fastest way she can join me in Michigan given that she doesn't qualify for employment based immigration or TN status?

I appreciate any help you can provide. Thank you.

you have to apply for a petetion for your spouse and wait until its approved or process is done. just like what we did for my petion, i married a us citizen on april 2011 and file for a petetion and now waiting for my interview...we are about done now

good luck!

[jays455 0]

you have to apply for a petetion for your spouse and wait until its approved or process is done. just like what we did for my petion, i married a us citizen on april 2011 and file for a petetion and now waiting for my interview...we are about done now

good luck!

Thank for that info. When you say apply for petition..which form are you referring to? 129f? I looked @ the processing time for 129f for Nebraska Serv Center and it shows that the apps currently being processed are from Jan 2008!! That's ridiculous or that information hasnt been updated correctly. I think my service center is Nebraska since I live in Michigan. Anyway, since my spouse is Canadian citizens and Canadian citizens can come to the US freely, why wouldn't she be able to come to US after marrying me?

Thanks again.

[alizon 77]

Thank for that info. When you say apply for petition..which form are you referring to? 129f? I looked @ the processing time for 129f for Nebraska Serv Center and it shows that the apps currently being processed are from Jan 2008!! That's ridiculous or that information hasnt been updated correctly. I think my service center is Nebraska since I live in Michigan. Anyway, since my spouse is Canadian citizens and Canadian citizens can come to the US freely, why wouldn't she be able to come to US after marrying me?

Thanks again.

Canadians can't come freely to the US...if you mean come and stay as long as they want. There is a 6 month time limit out of any 1 year period for a Canadian without a student/immigrant/work visa, so your wife will get turned away at the border if the US border agents believe that she is coming across with the intention to stay longer than her allowed time. She is allowed to visit, however, if she can convince the border agents that she doesn't plan to immigrate until she actually gets the appropriate visa. My husband has visited me several times since we got married and filed the I-130 (knock on wood, because he has a short visit planned this week), but he has always been careful to bring documents to prove that he has significant ties to Canada (e.g. his lease, a return plane ticket, letter from employer, etc.).

Edited January 23, 2012 by alizon

[jays455 0]

Canadians can't come freely to the US...if you mean come and stay as long as they want. There is a 6 month time limit out of any 1 year period for a Canadian without a student/immigrant/work visa, so your wife will get turned away at the border if the US border agents believe that she is coming across with the intention to stay longer than her allowed time. She is allowed to visit, however, if she can convince the border agents that she doesn't plan to immigrate until she actually gets the appropriate visa. My husband has visited me several times since we got married and filed the I-130 (knock on wood, because he has a short visit planned this week), but he has always been careful to bring documents to prove that he has significant ties to Canada (e.g. his lease, a return plane ticket, letter from employer, etc.).

Thanks alizon for that info. Can anyone point me to information on where my I130 application will be processed? I live in Michigan and will file my application for my spouse from Michigan. So will my application go to the Nebraska processing center? Someone told me that all family based apps go to the California center. Is this true?

Thanks.

[Matt & Rocio 28]

Thank for that info. When you say apply for petition..which form are you referring to? 129f? I looked @ the processing time for 129f for Nebraska Serv Center and it shows that the apps currently being processed are from Jan 2008!! That's ridiculous or that information hasnt been updated correctly. I think my service center is Nebraska since I live in Michigan. Anyway, since my spouse is Canadian citizens and Canadian citizens can come to the US freely, why wouldn't she be able to come to US after marrying me?

Thanks again.

If you plan to get married in Canada in May of this year you would need to wait until you are married and then file an I-130 petition for a CR-1 visa for your spouse. This process generally takes 7-9 months.

Another option is to file an I-129f fiance petition for a K1 visa and wait to get married until after you are approved. The advantage to this is you can file the petition now. The waiting period is approximately the same, but this option may cost more in the long run as you are required to file for Adjustment of Status after you are married.

There is also a I-129f petition for K3 visas which is for married couples, but this type of visa isn't used much these days. It was created a few years back when I-130 petitions were taking 1-2 years to be approved. The way it works is you file an I-130 petition for a CR-1 visa and when you receive your NOA1 from USCIS you then file the I-129f petition for a K3 visa. In most cases the NVC will receive both petitions at the same time and will administratively close the I-129f petition and proceed with the I-130 petition.

As for the Nebraska Service Center, they do not currently adjudicate I-130 or I-129f petitions, so that date can be ignored. These petitions are generally routed to California or Vermont, and sometimes Texas.

Here is a great guide that compares the different options:

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

Hope this helps.

Thanks alizon for that info. Can anyone point me to information on where my I130 application will be processed? I live in Michigan and will file my application for my spouse from Michigan. So will my application go to the Nebraska processing center? Someone told me that all family based apps go to the California center. Is this true?

Thanks.

You would mail your I-130 petition to the Chicago Lockbox. From there your petition can be sent to either Vermont or California, possibly Texas.

Edited January 23, 2012 by Matt & Rocio

[SonoranOutaouais 0]

Hello,

I just wanted to bring to your attention that in Ontario it takes 10 weeks before the actual marriage certificate is issued. I know because that's how long it took my hubby and I to get ours and submit an I-130. We were not aware of this fact when we decided to tie the know in Ottawa in April last year...So if your plan is to file immediately after your ceremony, you may to look further into it or consider changing venues.

Good luck and congrats on your upcoming nuptials!

Hello,

I am a US citizen and will be marrying my fiancee a Canadian citizen in May 2012. I'm unsure about the processing time to bring my spouse to the US. I live in Michigan.

We will get married in Ontario Canada and I want to bring my spouse back to Michigan with me to live here permanently. I understand I have to apply for I130 and I485 for my spouse.

My question is, when we get married in May, will she be able to cross the US border into Michigan with me? Or will she have to wait until I file the I130 and wait for that to get approved and then she can enter into Michigan to come live me with me?

Basically, what is the fastest way she can join me in Michigan given that she doesn't qualify for employment based immigration or TN status?

I appreciate any help you can provide. Thank you.

[Darnell 8,478]

We will get married in Ontario Canada and I want to bring my spouse back to Michigan with me to live here permanently. I understand I have to apply for I130 and I485 for my spouse.

Normally, those two forms are filed together

WHEN the foreign spouse is already in the country

and

the marriage occured inside the USA on a rather 'spur of the moment' thing,

with no intent at the POE to come in and marry.

Those forms are also filed after marriage in USA when adjusting from a student visa or a work visa.

What yer describing,

to marry in Canada, then file BOTH of those forms,

sorta implies to me that yer thinking to bring her across the border into the USA

after the marriage and then

file both forms.

In many circles, this is considered visa fraud.

Suggest you study up a bit on a CR-1 visa, instead, over at http://www.visajourney.com/wiki/index.php/EZGuideSpouse

and then refactor your plans a bit, keeping in mind that SHE CAN cross over the border for a VISIT with you, mostly.

Good Luck ! If the EZGuide Spouse wiki entry seems overwhelming, well, read it again over a weekend with 7 servings of poutine.

[Ryan H 3,812]

We will get married in Ontario Canada and I want to bring my spouse back to Michigan with me to live here permanently. I understand I have to apply for I130 and I485 for my spouse.

After you marry your fiancee and are ready to begin the immigration process, you will only file the I-130. The I-485 is a form you will not be needing for the spousal visa process.

[skiptex 225]

the instructions on the forms tell you where to Mail them ..

[VTmaple 1]

I'm in a similar situation. I'm Canadian, he's American. We are marrying on July 1st in the US. On the advice of a personal acquaintance who works with US Immigration, we plan to file I-130 & 1-485 right after the wedding. Because we both live within an hour of border, getting back and forth is not a big deal or big expense.

I will maintain a permanent address in Canada, have a Canadian employer (though will just happen to be on vacation so I can stay awhile after the wedding), so will not have intent to STAY in the US when I cross for the wedding. As far as I can tell this route is totally fine, it's the cheapest and fastest. It's just that everyone else I talk to live futher away from the border, so it's not economical to cross the border and not stay for an extended period of time. Our immigration-office friend said that as long as I cross the border legally and truthfully every time, I'm good to go.

Does anyone in this situation have any warnings?

Also, I'm hoping to move my things down there in advance of the wedding. I know that legally I can bring all sorts of used personal/household effects in with me so long as I don't plan to over-stay my allowed time. Snowbirds do this all the time. Even though I know it's totally legal, I'm nervous that I'll say the wrong thing or get a grumpy border guard (though that pretty much never happens in Vermont!) Anyone with constructive suggestion?