Green card with no definite plan to move yet?

[hazelsmrf 0]

I find the visa process to be so confusing so hopefully someone can help me untangle it!

Here's our situation:

I am a Canadian citizen, married to an American citizen. We've been married 12 years now, and he's been a permanent resident of Canada for years now. We live near Montreal, he has a good job, and I am self employed (graphic designer). We also have 2 children, 2 and 5 years old (and he has NOT yet registered their birth with the US so they don't have official US citizenship yet).

We have been talking lately of making a possible move to the US, we're looking at Austin, Texas as that would be the next logical step in his career. However we don't have definite plans nor do we have a definite timeline. What we don't want though is to have some period where I wouldn't be allowed to work or wouldn't be allowed to move there with him etc, so I'd *like* to get my green card situation sorted out so that I'm ready when we move, is there any way at all to get a green card with no definite set in stone US address or timeline? If we were to move to Austin in 2014, how can I make that work for us?

[Inky 1,111]

Well since you posted in DCF - there is no DCF in Canada - there has been no DCF in Canada since August.

You will have to file for a CR-1 visa and have an interview in Montreal - you will likely have to be separated ( but only towards the end of the process when you are about to have your interview ) because Montreal sits real hard on proof of US domicile, he would have to move back to america and get a job/home/bank account/ he should be paying taxes still in the US so you would have that on your side.

You should get the kids dealt with sooner rather than later so its less of an issue when you start the visa process. It will take about 9 months from start to finish.

And when i say paying taxes still i mean - filing taxes with the US.

Edited February 27, 2012 by Inky

[hazelsmrf 0]

Ah wasn't aware that DCF was no longer available here, thanks

OK I guess that's that, we're not really willing to break our family apart for this so I guess no moving to the US for us, we'll just have to stay in Canada!

If he got a job in the US would I be able to move with him and just not work, and then apply from there? Is there any way at all to do this that would not require us to be apart for more than a week or so, I am just NOT cut out to be a single parent and I absolutely need us to stick together because I just can't do it all on my own!

Edited February 27, 2012 by hazelsmrf

[Inky 1,111]

If he got a job in the US would I be able to move with him and just not work, and then apply from there? Is there any way at all to do this that would not require us to be apart for more than a week or so, I am just NOT cut out to be a single parent and I absolutely need us to stick together because I just can't do it all on my own!

Nope you cannot just move to the USA because he got a job - that is not legal. You must have a visa to move to the USA.

[hazelsmrf 0]

Nope you cannot just move to the USA because he got a job - that is not legal. You must have a visa to move to the USA.

Hmm, it was so long ago that he came over here but I remember that he did live with me for months without being allowed to work, I guess there is no equivalent to that in the US?

Basically, if we do not want to be apart then there is absolutely no way for our family to move to the US and we have to remain in Canada, I guess that's the bottom line? I guess it would have been easier if he were NOT American since he could have easily gotten a work sponsor (which I think would have let him bring his family over) but since he's already American he has no need for a sponsor!

Edited February 27, 2012 by hazelsmrf

[pushbrk 12,969]

Hmm, it was so long ago that he came over here but I remember that he did live with me for months without being allowed to work, I guess there is no equivalent to that in the US?

Basically, if we do not want to be apart then there is absolutely no way for our family to move to the US and we have to remain in Canada, I guess that's the bottom line? I guess it would have been easier if he were NOT American since he could have easily gotten a work sponsor (which I think would have let him bring his family over) but since he's already American he has no need for a sponsor!

You can visit your husband without a visa. You cannot "move to the US" without one.

[hikergirl 277]

First thing first though you should look at getting your children CRBAs. http://canada.usembassy.gov/consular_services/birth-abroad.html

Then look through the Canada forum at the "proving domicile" thread. I'm sure there'll be something in there to help you figure things out.

[VanessaTony 3,567]

You will file for the Cr-1 while he is still with you in Canada. Because of that it will be a LOT quicker than the regular CR-1 route. He will at some stage need to move to the US to set up domicile there. Once he's got a place organised your children can move back to the US, and you can visit (for no longer than 6 months). When time for your interview comes around you return to canada to interview. You hang out there for a week or so for your CR-1 visa to be printed then you enter the US.

[pushbrk 12,969]

You will file for the Cr-1 while he is still with you in Canada. Because of that it will be a LOT quicker than the regular CR-1 route. He will at some stage need to move to the US to set up domicile there. Once he's got a place organised your children can move back to the US, and you can visit (for no longer than 6 months). When time for your interview comes around you return to canada to interview. You hang out there for a week or so for your CR-1 visa to be printed then you enter the US.

This would be an IR1 case, not CR1.

[hazelsmrf 0]

Thanks guys!

Ugh so many details, so much that we have NO clue about. I've spent the past hours reading up on expat sites and looking into the options.

So far this is what I have figured out, someone please correct me if I'm wrong:

My husband would file an I-130, and send it to the lock box in Chicago. To pay the fees for this we need an American bank account which we don't have, so that would be one of the first steps: getting an American bank account.

Once the I-130 is approved, then we need to submit more stuff. One of these things is an I-864. This seems to be tricky if my husband is a resident of Canada and has not lived in the US for over 10 years. But to prove intent to domicile it seems that registering our child in a US school might suffice. In either case, right off the bat he does not have the $$$$ to financially support me as he is working in Canada not the US. So have to look into if having his parents co sponsor me might work or not, I need to look into this some more and figure this out.

My timeline is very fuzzy though. I understand the overall timeline but the timeline from I-864 to the final interview, how long are we looking at here? Does the I-864 need to be filed right away after I-130 is approved? Because if he needs to have a job in the US and my daughter needs to be enrolled in a US school at the time of that filing, then I understandably do not want to be separated from my 5 year old daughter for 6 months, aie my heart! That's why I'm so confused here, in order for him to prove that he can financially support me he pretty much has to be working in the US, to be working in the US he can't be living with me in Canada up until the interview! Unless his parents can co sponsor me and bypass all of this.

Finally looking around on the US government sites, they seem to officially sanction the I-485 route as a way to get a green card. Am I reading this right that I could cross the border as a visitor and just say "Oh, by the way, I'd like to stay now?" and apply for the green card from within the US? Something about this doesn't seem right, it seems rather... dishonest. But it would also seem to be the easiest way to go about it without splitting my family up, I would not want to do this if it wasn't officially sanctioned though, I in no way would want to jeapardize anything!

[hazelsmrf 0]

You will file for the Cr-1 while he is still with you in Canada. Because of that it will be a LOT quicker than the regular CR-1 route. He will at some stage need to move to the US to set up domicile there. Once he's got a place organised your children can move back to the US, and you can visit (for no longer than 6 months). When time for your interview comes around you return to canada to interview. You hang out there for a week or so for your CR-1 visa to be printed then you enter the US.

This actually does not seem too bad.

So if I'm understanding, let's say my husband files the I-130 from within Canada while still working at his current job. After this get's approved, he would move to the US and start his new job there, and I would come over on a visitor visa and just chill and visit the city while we do the rest of the paperwork and wait for my interview? (Or 6 months, whichever comes first) Then I could fly back to Montreal, do the interview, wait for my visa, and come back as an immigrant?

I would be fine with just not working and visiting for 6 months if it meant I would stay with my family. I am self employed so it's easy enough for me to just stick my business on hold for 6 months, I could just do the stay at home mom thing for a while if that was an option at all.

[hikergirl 277]

Take a look at the RBC Canada & US accounts. You can get a real US account at a branch up here (as long as you have a Canadian account set up) and you link them on-line and that's all there is to the banking issue. Plus they take into account your Canadian credit when you are needing credit down there so it seems pretty win-win to me.

[VanessaTony 3,567]

This actually does not seem too bad.

So if I'm understanding, let's say my husband files the I-130 from within Canada while still working at his current job. After this get's approved, he would move to the US and start his new job there, and I would come over on a visitor visa and just chill and visit the city while we do the rest of the paperwork and wait for my interview? (Or 6 months, whichever comes first) Then I could fly back to Montreal, do the interview, wait for my visa, and come back as an immigrant?

I would be fine with just not working and visiting for 6 months if it meant I would stay with my family. I am self employed so it's easy enough for me to just stick my business on hold for 6 months, I could just do the stay at home mom thing for a while if that was an option at all.

Yep. I apologise for my earlier reference to CR-1, it will be IR-1 and you will get a 10 year card on entry. I doubt that the process will take 6 months. Have a look a recent timelines for Canada specifically as the majority of the process speed will depend on Canada and how long they take to set your interview etc as filing with you BOTH at an overseas address expedites the I-130 approval.

The only issue will be whether they will permit you entry given you're married to a USC. I would make sure you don't attempt to enter until you have the petition approval, and perhaps even your interview date (if possible). You MIGHT be okay but they could also turn you away for "immigrant intent" so keep that in mind.

[pushbrk 12,969]

Take a look at the RBC Canada & US accounts. You can get a real US account at a branch up here (as long as you have a Canadian account set up) and you link them on-line and that's all there is to the banking issue. Plus they take into account your Canadian credit when you are needing credit down there so it seems pretty win-win to me.

The account the fees are paid from must be an American bank actually located in the USA but it does not need to be the petitioner's own account.

[hazelsmrf 0]

The only issue will be whether they will permit you entry given you're married to a USC. I would make sure you don't attempt to enter until you have the petition approval, and perhaps even your interview date (if possible). You MIGHT be okay but they could also turn you away for "immigrant intent" so keep that in mind.

We usually cross by car at the tiny little border crossing here, they always just ask for your reason for visiting ("visiting family"), look over your passport and wave you on through. I've never had them ask me if I'm married to a US citizen or exactly what family I was visiting etc, I'm not sure how they'd even know that I was in the process of immigrating. But good point that they MIGHT keep me out of the country. My (retired) parents winter 5 months of the year in US too which is sort of why we're even considering the move to the US at this point, it seems that I'd actually see them more if I lived in the south Just to clarify, the petition approval, is that just when the I-130 gets approved? I'm a bit fuzzy as to WHEN exactly my husband would need to reestablish domicile in order to show that he has American income to support me (I-864?), I'd obviously like him to remain in Canada as long as possible but at some point he'd need to file this form and be gone, and that's where I'm fuzzy as to the timeline from him being in the US and proving he's making a US salary that can support me, to where I get the interview date. Though I understand that the timeline changes and we're only talking rough estimates, I've seen anywhere from 4 months to 10 months in processing from start to finish.

I'm pretty frustrated with this all because my husband, I love him but he just does NOT do any research or keep up with what he needs to do. The children not being registered as American citizens is just the beginning of my frustration, going through this stuff made me realize that he should have been filing American taxes since he's been living here and he has NOT done this. I'm frustrated because I feel that this should have been stuff that HE should have figured out when moving here, and now this is just another level of complication on top of everything else.

So NOW step one, he needs to file all his back taxes, argh! THEN register the births of our children with the US. And only then will we start to figure all this other stuff out because it's pointless until those things are taken care of.

Thanks for the tip on RBC, I will go ahead and open an American account, since I do a lot of business in US currency anyways it makes sense regardless, and since my husband already has a SSN then I guess he could even start building up his American credit again, which we'll need for a mortgage.