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Pierre.ca

ajustment of status or consular processing?

By Pierre.ca in IR-1 / CR-1 Spouse Visa Process & Procedures

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Pierre.ca Newbie

Pierre.ca   0

Posted
Filed: Timeline
Posted

Hi,

My wife is an american citizen and I'm a canadien citizen. We got married in Canada in 2007 and have a child. We have been living in Canada since then, my wife has her permanent residency. We want to move to Florida. What is the best way for me (and our son) to get our green cards? Can I go to Florida as a visitor and then ask for an ajustment of status eventhough we got married before AND in Canada or should I go through the process of consular processing while in Canada? If I go through consular processing from Canada, will I be able to visit my inlaws in us? Does my wife have to be in us to sponcer me?

I'm confused...! Thank you for helping!

Ryan H Grand Master

Ryan H   3,932

Posted
Filed: Citizen (apr) Country: China
 Timeline
Posted

Can I go to Florida as a visitor and then ask for an ajustment of status eventhough we got married before AND in Canada

No, this would be fraud.

or should I go through the process of consular processing while in Canada? If I go through consular processing from Canada, will I be able to visit my inlaws in us?

This is your only choice. You can visit the US during the process; however, there is no guarantee you would be allowed entry.

Does my wife have to be in us to sponcer me?

She will have to show that she has maintained or is in the process of reestablishing a US domicile. The Consulate in Montreal is known for being very strict on US Domicile requirements. Since there are other VJ members who are more familiar with what the Consulate in Montreal will require to satisfy domicile requirements, I will defer to them to offer answers.

Our journey:

Spoiler

September 2007: Met online via social networking site (MySpace); began exchanging messages.
March 26, 2009: We become a couple!
September 10, 2009: Arrived for first meeting in-person!
June 17, 2010: Arrived for second in-person meeting and start of travel together to other areas of China!
June 21, 2010: Engaged!!!
September 1, 2010: Switched course from K1 to CR-1
December 8, 2010: Wedding date set; it will be on February 18, 2011!
February 9, 2011: Depart for China
February 11, 2011: Registered for marriage in Wuhan, officially married!!!
February 18, 2011: Wedding ceremony in Shiyan!!!
April 22, 2011: Mailed I-130 to Chicago
April 28, 2011: Received NOA1 via text/email, file routed to CSC (priority date April 25th)
April 29, 2011: Updated
May 3, 2011: Received NOA1 hardcopy in mail
July 26, 2011: Received NOA2 via text/email!!!
July 30, 2011: Received NOA2 hardcopy in mail
August 8, 2011: NVC received file
September 1, 2011: NVC case number assigned
September 2, 2011: AOS invoice received, OPTIN email for EP sent
September 7, 2011: Paid AOS bill (payment portal showed PAID on September 9, 2011)
September 8, 2011: OPTIN email accepted, GZO number assigned
September 10, 2011: Emailed AOS package
September 12, 2011: IV bill invoiced
September 13, 2011: Paid IV bill (payment portal showed PAID on September 14, 2011)
September 14, 2011: Emailed IV package
October 3, 2011: Emailed checklist response (checklist generated due to typo on Form DS-230)
October 6, 2011: Case complete at NVC
November 10, 2011: Interview - APPROVED!!!
December 7, 2011: POE - Sea-Tac Airport

September 17, 2013: Mailed I-751 to CSC

September 23, 2013: Received NOA1 in mail (receipt date September 19th)

October 16, 2013: Biometrics Appointment

January 28, 2014: Production of new Green Card ordered

February 3, 2014: New Green Card received; done with USCIS until fall of 2023*

December 18, 2023:  Filed I-90 to renew Green Card

December 21, 2023:  Production of new Green Card ordered - will be seeing USCIS again every 10 years for renewal

July 23, 2025:  Filed N-400 online

December 9, 2025:  N-400 interview - approved

 

Penguin_ie Grand Master

Penguin_ie   6,005

Posted
Filed: Citizen (apr) Country: Ireland
 Timeline
Posted

Is your wife a born US citizen? If she spent more than 5 years in the USA before the child was born, the child has a claim to US citizenship and no visa is needed for him.

Bye: Penguin

Me: Irish/ Swiss citizen, and now naturalised US citizen. Husband: USC; twin babies born Feb 08 in Ireland and a daughter in Feb 2010 in Arkansas who are all joint Irish/ USC. Did DCF (IR1) in 6 weeks via the Dublin, Ireland embassy and now living in Arkansas.

mod penguin.jpg

Lovemad Enthusiast

Lovemad   7

Posted
Filed: IR-1/CR-1 Visa Country: Scotland
 Timeline
Posted

Is your wife a born US citizen? If she spent more than 5 years in the USA before the child was born, the child has a claim to US citizenship and no visa is needed for him.

Interesting, I never knew this. Thanks Penguin_ie

Filed for IR-1 Visa

12/14/2008: Met for the first time through friends
01/07/2009: First Date
07/07/2010: Married!
08/19/2011: I-130 mailed
08/24/2011: USCIS Acceptance Confirmation email received
08/26/2011: NOA1 received
09/23/2011: NOA2
09/26/2011: Case received by NVC
10/17/2011: Case put on NVC's system
10/18/2011: AOS bill invoiced and paid
10/20/2011: AOS bill shown as PAID
10/26/2011: Emailed DS-3032
10/28/2011: DS-3032 acknowledged and IV bill invoiced
10/31/2011: IV bill paid
11/01/2011: IV bill shown as PAID
10/13/2012: I-864 package mailed
10/26/2012: RFE
11/06/2012: IV package mailed
01/30/2013: Case complete at NVC
02/21/2013: Medical
03/06/2013: Interview- Approved
05/30/2013: POE
07/31/2013: Greencard arrived in mail!

Account of medical: http://www.visajourney.com/forums/topic/416093-london-medical-experience/page__p__5997291#entry5997291
Review of Embassy/Interview: http://www.visajourney.com/reviews/view-dos-cis-reviews.php?entry=11637

Penguin_ie Grand Master

Penguin_ie   6,005

Posted
Filed: Citizen (apr) Country: Ireland
 Timeline
Posted

Interesting, I never knew this. Thanks Penguin_ie

Welcome! It'll save some money in visa fees too :)

We have a special forum to discuss getting kids citizenship here: http://www.visajourney.com/forums/forum/154-consular-reports-of-birth-abroad-crba/

Bye: Penguin

Me: Irish/ Swiss citizen, and now naturalised US citizen. Husband: USC; twin babies born Feb 08 in Ireland and a daughter in Feb 2010 in Arkansas who are all joint Irish/ USC. Did DCF (IR1) in 6 weeks via the Dublin, Ireland embassy and now living in Arkansas.

mod penguin.jpg

Pierre.ca Newbie

Pierre.ca   0

Posted
Filed: Timeline
  • Author
Posted

My wife was born and raised in us, she lived there untill 2006 when she moved here in Canada. She lived then with her dad. How could she show that she maintained domicile? How do you satisfy domicile requirement when going through consular processing?

Thank you!

Penguin_ie Grand Master

Penguin_ie   6,005

Posted
Filed: Citizen (apr) Country: Ireland
 Timeline
Posted

You may want to check out the Canada forum for domicile requirements, as the US embassy in Canada is quite picky. Read the first "Sticky" in that forum: http://www.visajourney.com/forums/forum/93-canada/

Bye: Penguin

Me: Irish/ Swiss citizen, and now naturalised US citizen. Husband: USC; twin babies born Feb 08 in Ireland and a daughter in Feb 2010 in Arkansas who are all joint Irish/ USC. Did DCF (IR1) in 6 weeks via the Dublin, Ireland embassy and now living in Arkansas.

mod penguin.jpg

 
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