Canadian and American living in Canada trying to go to the US

[me_neil 0]

First off this forum is great!

I am glad to see the process of getting myself a green card is just as complicated as getting my wife into Canada. :/

So I am just starting the process and I just want to make sure I am understanding how this works... At least how to kick it off.

(I'm Canadian, Wife American, Both living in Toronto)

1.It all starts with the I130... Right?

That gets sent away and then once I get approval I can apply for the IR1? Is this correct?

2. We both reside in Canada. The idea is we want to move down together. The I130 on step 18. is asking for the address where we intend to live?

How does one answer that if we haven't moved yet?

3.Does an IR1 require my wife(american) to financially sponsor me? She's in Canada with me and doesn't have a job in the states yet?

- We have american grandparents... Does that help me? Can they sponsor me with an I864? Does that even apply in this case or is it unnecessary?

4.I have 2 year old son. Do we need to submit a separate I130 for him? If so, is there 2 fees, one for me and one for him?

I apologize if this is covered elsewhere, googling has got me this far and spending all day in sites that are just setup to take my money and other sites with conflicting and outdated information makes this a big challenge. Once again you guys rawk!

Cheers,

Neil

[Flames9_RN 358]

First off this forum is great!

I am glad to see the process of getting myself a green card is just as complicated as getting my wife into Canada. :/

So I am just starting the process and I just want to make sure I am understanding how this works... At least how to kick it off.

(I'm Canadian, Wife American, Both living in Toronto)

1.It all starts with the I130... Right?

That gets sent away and then once I get approval I can apply for the IR1? Is this correct?

2. We both reside in Canada. The idea is we want to move down together. The I130 on step 18. is asking for the address where we intend to live?

How does one answer that if we haven't moved yet?

3.Does an IR1 require my wife(american) to financially sponsor me? She's in Canada with me and doesn't have a job in the states yet?

- We have american grandparents... Does that help me? Can they sponsor me with an I864? Does that even apply in this case or is it unnecessary?

4.I have 2 year old son. Do we need to submit a separate I130 for him? If so, is there 2 fees, one for me and one for him?

I apologize if this is covered elsewhere, googling has got me this far and spending all day in sites that are just setup to take my money and other sites with conflicting and outdated information makes this a big challenge. Once again you guys rawk!

Cheers,

Neil

Cr/1 and IR-1 Guide (at top of page) http://www.visajourney.com/forums/forum/110-ir-1-cr-1-spouse-visa-process-procedures/

And ensure you look at the top of this forum and see the domicile issues some have had: http://www.visajourney.com/forums/topic/164618-proving-domicile-when-not-living-in-the-us/

Take some time and READ the guide!! The paperwork process is not that hard--its the waiting that sucks as it can take up to a YEAR (or longer) to get to the interview, which will be in Montreal. And even the EI thread, as if you have enough qualifying hrs, you can get Cdn EI in the USA!! Welcome to VJ

[bsd058 296]

1.It all starts with the I130... Right?

That gets sent away and then once I get approval I can apply for the IR1? Is this correct?

Just submit the I-130, and then your case is forwarded to NVC. Once complete there, they send your case to the Montreal consulate. Essentially you are correct. Here is the guide to the IR-1/CR-1: http://www.visajourney.com/content/i130guide1

2. We both reside in Canada. The idea is we want to move down together. The I130 on step 18. is asking for the address where we intend to live?

How does one answer that if we haven't moved yet?

Be as accurate as possible. If you know the city, or state you intend to live, put it down. If you're completely unsure where you wish to live, put: "To Be Determined."

3.Does an IR1 require my wife(american) to financially sponsor me? She's in Canada with me and doesn't have a job in the states yet?

- We have american grandparents... Does that help me? Can they sponsor me with an I864? Does that even apply in this case or is it unnecessary?

Either your wife or a cosponsor with your wife will need to sponsor you. You must be sponsored with the IR-1. If you are going the IR-1 route, then your wife will be a sponsor for you, and if she cannot financially support you (under the 125% poverty guidelines rule), then she'll need to find another sponsor who can help with your sponsorship. MY wife had to move before me because she found a job that she can use to sponsor me without the help of anyone. But it sucks waiting in Canada without her.

4.I have 2 year old son. Do we need to submit a separate I130 for him? If so, is there 2 fees, one for me and one for him?

How many years did your wife live in the US? If more than 5 years, your son is a US citizen and you can apply for an American passport for him (assuming your son is her son, too). If your son is only your son and not the US citizen's son as well, then yes you'll have to submit another I-130 along with your I-130.

Good luck with your journey, and welcome to the forum!!!

Edited January 16, 2013 by bsd058

[Cathi 5,610]

how long gave you been married? IR1 is for couples married greater than 2 years,less than that it would be CR1. The US citizen must be domiciled in the US prior to your immigrating here, and have proof of it. The petitioner is always the main financial sponsor, if she does not meet the minimum income requirements for you and your family she must obtain a joint sponsor. A joint sponsor has to be a US citizen or LPR domiciled in the US. Grandparents can only help if they are willing to become joint sponsors, make over the minimum income requirements, and are willing and able to submit and affidavit of support along with your wife. I am not sure how the process works for your son, I am sure someone else will be along and answer that question.Good luck on your journey!!!!

[Ms Hogan 295]

When you say "I have a 2 year old son" is he your son only or is he both of yours? The process is very different depending on that.

[me_neil 0]

When you say "I have a 2 year old son" is he your son only or is he both of yours? The process is very different depending on that.

Our son. He is canadian right now cause he was born in Canada. But I think the other guys are right, he can easily become american, I just need to follow that process. Looks like I am the main problem

[me_neil 0]

how long gave you been married? IR1 is for couples married greater than 2 years,less than that it would be CR1. The US citizen must be domiciled in the US prior to your immigrating here, and have proof of it. The petitioner is always the main financial sponsor, if she does not meet the minimum income requirements for you and your family she must obtain a joint sponsor. A joint sponsor has to be a US citizen or LPR domiciled in the US. Grandparents can only help if they are willing to become joint sponsors, make over the minimum income requirements, and are willing and able to submit and affidavit of support along with your wife. I am not sure how the process works for your son, I am sure someone else will be along and answer that question.Good luck on your journey!!!!

Yeah I was looking into that. We have been married for 6 years so we are IR1. My wife and I were talking and it looks like we would have to use the grand folks for support. I don't see any other option without having to send my wife ahead of me and separating for a period of time. An option we are not really interested in.

[me_neil 0]

Just submit the I-130, and then your case is forwarded to NVC. Once complete there, they send your case to the Montreal consulate. Essentially you are correct.

Either your wife or a cosponsor with your wife will need to sponsor you. You must be sponsored with the IR-1. If you are going the IR-1 route, then your wife will be a sponsor for you, and if she cannot financially support you (under the 125% poverty guidelines rule), then she'll need to find another sponsor who can help with your sponsorship. MY wife had to move before me because she found a job that she can use to sponsor me without the help of anyone. But it sucks waiting in Canada without her.

Good luck with your journey, and welcome to the forum!!!

To whom and when do you send the i864? Do I send it with the i130? Is that sent to montreal when that time comes up?

Is the I130 just a step to audit that the two people really know each other and everything else is really handled by montreal?

Cheers,

NB

[NikLR 13,220]

No the I-130 is a petition. She is petitioning the US government to be allowed to have her spouse apply for a visa. They do need evidence of a bona fide marriage though to show that you actually are a spouse and this is a real relationship. It's also a background check on the petitioner. After the petition is approved it goes to the NVC. The petitioner needs to show that the beneficiary(ies) will not be using means tested benefits and rely on the government for support (aka food stamps or Medicaid for example.) They do that with the AOS (I-864.). It's also a financial agreement that the petitioner will pay back the government if such a thing happens. The beneficiary then applies for a visa that shows they are not a criminal and are who they say they are. (essentially a bit of a background check.) After those are approved the beneficiary goes to Montreal (in Canada's case) and an officer talks to the beneficiary to see for themselves in person and look at the physical original documents that you've scanned for the NVC and AOS submissions. They make the final decision if the marriage is genuine, bona fide and ongoing. If they make the final approval of the visa application and AOS then you get to immigrate!

I think I have it right. Someone will be along to correct any mistakes I'm sure though.

Edited January 17, 2013 by NikiR

[daphoknee 4]

how long gave you been married? IR1 is for couples married greater than 2 years,less than that it would be CR1. The US citizen must be domiciled in the US prior to your immigrating here, and have proof of it. The petitioner is always the main financial sponsor, if she does not meet the minimum income requirements for you and your family she must obtain a joint sponsor. A joint sponsor has to be a US citizen or LPR domiciled in the US. Grandparents can only help if they are willing to become joint sponsors, make over the minimum income requirements, and are willing and able to submit and affidavit of support along with your wife. I am not sure how the process works for your son, I am sure someone else will be along and answer that question.Good luck on your journey!!!!

Is it a MUST that the US petitioner must reside in the US? I am in the same situation as OP, my husband (USC) and I are currently residing in Toronto. We have been married for more than 2 years and he has been in Toronto for a year. It doesnt make any sense that the US petitioner must be in the US..what about all the DCF Filers?

[Flames9_RN 358]

Is it a MUST that the US petitioner must reside in the US? I am in the same situation as OP, my husband (USC) and I are currently residing in Toronto. We have been married for more than 2 years and he has been in Toronto for a year. It doesnt make any sense that the US petitioner must be in the US..what about all the DCF Filers?

there is NO more DCF in Canada. At the top of this forum is a DOMICILE thread--lot of good info there

[pocheros 101]

Is it a MUST that the US petitioner must reside in the US? I am in the same situation as OP, my husband (USC) and I are currently residing in Toronto. We have been married for more than 2 years and he has been in Toronto for a year. It doesnt make any sense that the US petitioner must be in the US..what about all the DCF Filers?

DCF is no longer an option for Canadians, as of August 2012 I believe. I'm not as familiar with the spousal process as others are here but it's not uncommon for Montreal insist the USC move back to the US before issuing the visa, even if there's a family involved. It's crappy, but that's how it goes. Montreal is very strict with evidence of domicile.

Edit: Flames beat me to it!

Edited January 17, 2013 by pocheros

[bsd058 296]

Please understand that domicile can be achieved by having a place set up before moving. The US citizen does not have to be within the US for a visa to be issued. They must prove domicile. This is a broader concept than living within the US.

If the USC can show that they have a rental agreement set up before the move, a job offer (assuming that they already meeting the sponsorship requirements some other way), etc., this proves domicile.

Mind you the Affidavit of Support requires they have a job (not merely a job offer) to support you if you don't meet eligibility criteria based on assets.

Edited January 17, 2013 by bsd058

[Flames9_RN 358]

Please understand that domicile can be achieved by having a place set up before moving. The US citizen does not have to be within the US for a visa to be issued. They must prove domicile. This is a broader concept than living within the US.

If the USC can show that they have a rental agreement set up before the move, a job offer (assuming that they already meeting the sponsorship requirements some other way), etc., this proves domicile.

Mind you the Affidavit of Support requires they have a job (not merely a job offer) to support you if you don't meet eligibility criteria based on assets.

correct----but others in the past were clueless to this, so its all good to know