Sponsor Canadian to the US

[Kevin_ 0]

I am a new member to this form and I am looking for guidance and advice as to what is the best approach for my situation. Please forgive me if I may have the same questions that were posted previously , if that is the case if you could direct me to the proper posting.

My situation is as follow. I am a Canadian citizen and my wife is a US citizen. We were both legally married in Seattle, WA a few months ago. Now we are trying to start the paperwork to bring me to the US. Please advice as to what is the quickest way, the process we need to follow along with the proper forms.

Thank you everyone.

[kejira 3]

Are you both in Canada?

My advice would be to file your I-130 ASAP as that can take a while to process. And check timelines of other Canadian applicants.

[Kevin_ 0]

My wife is still in the US and I am in Canada. This is my understanding of the process, so place correct me if I am wrong.

Stage 1 is to file I-130 (Petition for Alien Relative). When we receive approval then we proceed to stage 2 which is to file I-485 (Application to Register Permanent Residence or Adjust Status).

Please let me know if this is the correct process or the fastest way.

[kejira 3]

Here's a good link to have a look at.

This is the CR-1 Flow chart. This flowchart only starts after all of the I-130 mess.

This is the K-3 Flow chart.

Edited December 10, 2012 by kejira

[caly 48]

You have the right idea!

Highly recommended readings: http://www.visajourney.com/wiki/index.php/EZGuideSpouse & http://www.visajourney.com/wiki/index.php/LingChe_NVC_ShortCut

Also, Montreal has an optional electronic processing programme at the NVC stage. If this applies to you, Saylin has compiled a very comprehensive guide to electronic processing in Montreal here.

Read, digest and follow up in these forums with any questions. Good luck!

[Roosha 51]

I like this guide: http://www.visajourney.com/wiki/index.php/How_to_bring_your_foreign_spouse_to_live_in_the_US better than the EZ guide if you're just starting. It has more information and provides a more complete picture of the process. Once you're familiar with the process then bookmark that EZ guide b/c you'll be going back to it countless times to check on things!!

The second process after I-130 approval is the NVC. You can't file adjustment of status since you don't actually have status in the states (ie you don't live there).

Good luck! This whole process will take you about 9 months, but you're lucky b/c you'll at least be able to visit her (on VWP) and she will be able to come to you.

[canadian_wife 1,829]

From your situation, you will never need the I485, please read the links provided

good luck

[Kevin_ 0]

Thank you everyone for you guidance.

What is everyone advice as to which process flow should I take (i.e. CR-1 or K-3)? Which one is the fastest?

canadian_wife:

I am not sure what link you are referring to in your post but I did not see one. I am install unclear as to why we do not need to fill out I-485. Would you kindly elaborate?

[Ms Hogan 295]

canadian_wife meant for you to read the links provided in the previous posts. All the information you need is there.

[NikLR 13,232]

Adjustment of status is only if you, the Canadian citizen, is living legally in the USA when you get married. But you are in Canada and do not need to do this.

[Darnell 8,479]

Pursuing a K-3 is useless.

Read, refactor your plan, please?

Comparison on K-3 vs CR-1 - http://www.visajourney.com/forums/topic/204324-wondering-if-i-made-a-mistake-marrying-in-us/page__view__findpost__p__3060767

K-3 administratively closed - http://www.visajourney.com/news/2010/02/07/department-of-state-to-close-k-3-visas-if-i-129f-and-i-130-petitions-approved-and-received-together/

[Kevin_ 0]

Thank you Darnell and NikiR.

We have decided that my wife (US citizen) will join me in Canada in June 2013 for 1 year. While she is in Canada we should proceed in sponsoring me to the US. My question is, would it be better if we

initiate the paperwork while she's in the US or wait until she join me in June?

[The Mean Lady 604]

Thank you Darnell and NikiR.

We have decided that my wife (US citizen) will join me in Canada in June 2013 for 1 year. While she is in Canada we should proceed in sponsoring me to the US. My question is, would it be better if we

initiate the paperwork while she's in the US or wait until she join me in June?

Doesn't matter.

[NikLR 13,232]

Canada has the same laws as the USA. She can only visit for 180 days a year without a special visa, tourist extension or active application for permanent residence. Even the ability to work remotely doesn't negate the visiting limit. She still is only allowed 180 days (6 monthsish.) So hopefully the whole process doesn't take that long but it can take up to a year or more. She will also need to prove ties to the USA if asked, the same as Canadians have to do when we visit the USA.

Kdh is right though. It doesn't matter if you initiate paperwork now or later, it goes to the same place. The initial lockbox is determined on her US address.

The one thing Montreal is picky about is domicile. We have a thread in the Canada regional forum about domicile.

Also foreign and spouse income doesn't count towards the affidavit of support. She will need to make the 125%, have 3x that or the difference in assets or have a co-sponsor.

[NikLR 13,232]

Just to add, if a border patrol or customs officer says directly that she may have more or is allowed less than the 180 days, then that is the amount of time she is allowed. They generally make the final determination on that. My husband manages to get a passport stamp on every visit up here, but I've only been stamped on one visit to the USA. Lol