No idea where to begin

[TaylorP 0]

Hello all,

I am a bit overwhelmed by everything and I'd like some help. My husband and I recently got married. We are both Canadians, living in Toronto. I have never lived in the United States. I do have american citizenship through my mother.

My husband is a chef here in Toronto and would like to go take an advanced culinary program in San Francisco and potentially would like us to move there permanently. Where do we begin this process. Is there any way he could get a green card to work before we move? We were thinking of moving after the new year, his program would start in the spring. We were hoping he'd be able to work before his program starts, but that may be overly ambitious.

I know we would have to prove domicile. I'm wondering how difficult that would be from Canada.

Basically I'm at the very beginning of this journey and would like some guidance from anyone who has done this from outside the USA. If that's even a possibility... Thanks so much.

[Nick1980 11]

Hello all,

I am a bit overwhelmed by everything and I'd like some help. My husband and I recently got married. We are both Canadians, living in Toronto. I have never lived in the United States. I do have american citizenship through my mother.

My husband is a chef here in Toronto and would like to go take an advanced culinary program in San Francisco and potentially would like us to move there permanently. Where do we begin this process. Is there any way he could get a green card to work before we move? We were thinking of moving after the new year, his program would start in the spring. We were hoping he'd be able to work before his program starts, but that may be overly ambitious.

I know we would have to prove domicile. I'm wondering how difficult that would be from Canada.

Basically I'm at the very beginning of this journey and would like some guidance from anyone who has done this from outside the USA. If that's even a possibility... Thanks so much.

Im not sure about getting a GC before you move, I know they have work visas and such available but I dont know about that. As far as filing from outside the USA, it is possible. Thats what I am doing now for my wife whom I live with in Serbia. I suggest you read all that is required, it is a very tedious process but simple if you follow instructions. You're first step would be filing the I-130 petition for your immigrant spouse. You can find all the info for that on this site, and also if you have questions, post them here. There are many very experienced people here who have helped me and can help you to.

[Ryan H 3,812]

Is there any way he could get a green card to work before we move?

No

We were thinking of moving after the new year, his program would start in the spring. We were hoping he'd be able to work before his program starts, but that may be overly ambitious.

Your timetable for moving is unrealistic. A typical spousal visa case from filing to interview can last from 7-10 months.

I know we would have to prove domicile. I'm wondering how difficult that would be from Canada.

IMO, this is your biggest hurdle, VJ members from Canada routinely report the Consulate in Montreal is very strict on this.

An alternative would be see if your husband can obtain a student visa from the institution that is administering the culinary program he wants to enroll in. You yourself have stated that relocating to the US permanently is not carved in stone.

Edited August 22, 2012 by Ryan H

[canadian_wife 1,823]

Your timeline is unrealistic. Sorry

For a spousal visa, you're looking at 8 - 10 months through Montreal. A student visa MIGHT be faster, although more expensive and unlikly to be given one since you have clear immigrant intent. A student visa is a non-immigrant visa, requiring the beneficiary to prove that they will return to Canada. And a student visa does not allow him to work off campus.

Lastly, Montreal is VERY strict about domicile. Generally requiring the USC to move to the US, establish a home and employment before the visa will be issued. See the Canada forum's sticky of 'proving domicile'. Such an issue and has caused a lot of problems for people who are unprepared.

Good luck

[pushbrk 12,974]

Your timeline is unrealistic. Sorry

For a spousal visa, you're looking at 8 - 10 months through Montreal. A student visa MIGHT be faster, although more expensive and unlikly to be given one since you have clear immigrant intent. A student visa is a non-immigrant visa, requiring the beneficiary to prove that they will return to Canada. And a student visa does not allow him to work off campus.

Lastly, Montreal is VERY strict about domicile. Generally requiring the USC to move to the US, establish a home and employment before the visa will be issued. See the Canada forum's sticky of 'proving domicile'. Such an issue and has caused a lot of problems for people who are unprepared.

Good luck

One option would be to apply for the student visa. Once your husband is in the USA as a student, you can certainly join him. If you later decide to stay, he can simply adjust status. This option does not allow work off campus unless and until adjustment of status is complete though. If working is important, you need to adjust your timing to fit a spouse visa process. Six to eight months through Montreal is a reasonable expectation and then only if you master the shortcuts and electronic processing for the second half of the process and your case gets auto-expedited.

[TaylorP 0]

Ya I figured it wouldnt be doable. So we are ok enough financially for him to not work while there until we sort it out. So should i still go ahead and file the i30 form right away to get the process going?

[pushbrk 12,974]

Ya I figured it wouldnt be doable. So we are ok enough financially for him to not work while there until we sort it out. So should i still go ahead and file the i30 form right away to get the process going?

If you chose not to start with a student visa, yes.