Need Advice Petitioning My Wife

[Happa54 0]

Hello all;

I'm a bit confused which route my wife and I should take.

Trying to get my wife here ASAP.

I am an natural born US citizen. I reside in Los Angeles, Ca.

My wife who I married in October 2011 lives in Calgary, Alberta, Canada.

She is there on an open work permit. She is a Filipino citizen.

Based on her gut feeling rather than any credible advice, she insisted that I do not file a petition (130) because her Canadian residency documentation is pending and she does not want to create a conflict between US and Canadian Immigration that may change or delay her current status.

Today, I had an appointment with my local immigration services and they do not seem to be helpful at all. Their knowledge is limited to the protocol and procedures.

They did however suggest that I file an application for a B2 Tourist Visa so she could visit while I commence with a 130 petition.

They (immigration clerk) also stated that it would take approx 2 months to get the B2 Visa approved.

Will my 130 petition take the same time to receive approval as in getting approval for the B2 Visa?

Before I start this process, does this make sense to you? Has anyone gone through this?

Thank you for stopping in to assist me in this matter.

[Brandon+Roslyn 4]

What is your wifes work situation? Is she applying for permanent Canadian residency? If you plan on immigrating her to the US i dont see how that could possibly work unless her job can transfer her to America or she were to quit. If she immigrates the vast majority of her time would have to be spent living in America otherwise they will cancel her residency in the US. I would imagine Canada has similar rules for residency. If she wants or needs to keep her canadian residency i would think a tourist visa is her only option of her visiting you in the States. I think she would have to show strong ties to her country so that they dont think she will overstay or never leave.

It will take longer than 2 months to get a CR/IR-1 visa for your wife. I think my case was rather speedy and we took over 6 months.

[Tahoma 2,298]

I think it would be a longshot for your wife to get a tourist visa to the U.S. That's because the American Consulate operates on the principle that Filipinos won't leave the U.S. when their tourist visa expires. The fact that she's married to a U.S. citizen makes the situation worse. She would have to prove to the Consulate that she had exceptionally strong ties to Canada/Philippines which would convince them that she would leave the U.S. in a timely manner.

As for filing an I-130 now, I don't know whether it would complicate things regarding her application for Canadian residency. Why would she want Canadian residency if she's on a path to U.S. citizenship with an I-130?

[sjr09 155]

I think it would be a longshot for your wife to get a tourist visa to the U.S. That's because the American Consulate operates on the principle that Filipinos won't leave the U.S. when their tourist visa expires. The fact that she's married to a U.S. citizen makes the situation worse. She would have to prove to the Consulate that she had exceptionally strong ties to Canada/Philippines which would convince them that she would leave the U.S. in a timely manner.

As for filing an I-130 now, I don't know whether it would complicate things regarding her application for Canadian residency. Why would she want Canadian residency if she's on a path to U.S. citizenship with an I-130?

I remember back in the day when I was at USEM doing my daughters CRBA. I ask the CO that very question, and was told I'd have a 100% better chance at a spousal visa then a tourist visa for the very fact that she was married to a US citizen.

[Ryan H 3,925]

Based on her gut feeling rather than any credible advice, she insisted that I do not file a petition (130) because her Canadian residency documentation is pending and she does not want to create a conflict between US and Canadian Immigration that may change or delay her current status.

Two different countries, two different procedures, one has nothing to do with the other, and neither USCIS or their Canadian counterpart will care.

Today, I had an appointment with my local immigration services and they do not seem to be helpful at all. Their knowledge is limited to the protocol and procedures.

They did however suggest that I file an application for a B2 Tourist Visa so she could visit while I commence with a 130 petition.

They (immigration clerk) also stated that it would take approx 2 months to get the B2 Visa approved.

Will my 130 petition take the same time to receive approval as in getting approval for the B2 Visa?

Before I start this process, does this make sense to you? Has anyone gone through this?

Thank you for stopping in to assist me in this matter.

Was your "local immigration services" a USCIS office? I ask because this "immigration clerk" you were speaking with regarding a B2 visa seemed to be pulling information out of their . USCIS does not issue visas and is not likely to know any kind of timeframe as to when a B2 visa applicant would have an interview. Additionally, you do not file an application for a B2 visa, your wife would have to apply for that on her own and would have to show strong ties to the country she is applying for a B2 in. Having a spouse that is a US Citizen undermines any claim of strong ties outside of the US.

[Happa54 0]

First of all, I'd like to thank all of you for taking the time to give me your feedback.

Here are a few more details of our situation.

My wife, a Filipino citizen is working in Calgary, Canada, on an open working permit...which means she can work for any employer and not only the one who originally sponsored her. She is working as a nanny.

She will give up her attempts to gain Canadian permanent residency (documentation filed 2 yrs ago with Canadian immigration) since we plan to live at my home in Los Angeles, Ca....and retire here.

Yes, the Immigration office clerk had to go excuse herself to find answers. I immediately lost confidence in the info she was giving me. She was sort of guessing at procedures. The office was located in Chatsworth, Ca.

In any event, it sounds as though the B2 Visa route may not be the most prudent move????

If, the best course for us to take is the standard procedure of filing the 1-130, then so be it. Better start the clock now...right?

Our reasons for applying for the B2 Visa was so she could visit back and forth until she is approved to come here permanently.

I have been traveling to Calgary every month since we married in October 2011 and I would like for her to come here once in a while too.

I look forward to hearing from you.

Kurt

[Brandon+Roslyn 4]

Everything else aside, the sooner you file the petition, the sooner she will be able to come to the US and live. She will most likely be wasting time and energy trying to get a tourist visa, since she would have to apply, you really would have nothing to do with it. As its been said, its very, very hard for fiances/spouses to get tourists visas because you have to show strong evidence that you will need to leave the country, which she most likely wont have, as you are her reason for travel. At least you can go there to visit whenever you want right? Like I said the sooner you get the ball rolling the sooner you can spend all of your time together

Edited July 10, 2012 by Brandon+Roslyn