starting an CR-1/IR-1

[DUSTOFF 0]

Quick question:

I married a Canadian citizen in Colorado last month. She is living in Canada right now, and I am set to deploy in 3 weeks. My family, mom especially, wants her to move to the US while I am gone and live in the family home (not where I am stationed). We have not sent in the initial paperwork (I-130) yet. For one, we want to know if we can file the I-130 if she lives in the US, and can we file additional paperwork for her to work a job while we are awaiting the I-130 process?

Also additional: with me being deployed for 9 months is there any thing that will hold up the process because I am not here? One immigration attorney I contacted told me I would have to wait till I returned from my deployment... however, I have not read anything on this site through all my research that supports that statement.

[SarahBear 4]

Does she have any legal status to come to the US other than has a visitor? If not, she won't be allowed to live in the US until after the petition is approved and she gets her visa in hand. Not to say she couldn't visit the US for up to 6 months at a time if the officer at the border allows her to do that, but it's completely at their discretion.

Since you are deploying, I wonder if you may be eligible for expedited consular processing?? I don't think it would hurt to ask. Otherwise you'll probably just have to send your I-130 to the Chicago Lockbox like the rest of us biding our time waiting for our Canadian sweethearts to be able to live in the US. We used to be able to file the I-130 directly at consulate offices in Canada but they changed the rules over a year ago and made us wait in line with the rest of the people adjusting their status from the USA. TOTALLY unfair IMHO.

Actually, it looks like CIS has a special hotline for members of the military. Maybe if you cal them and explain the situation to them they can advise you on the best way to move forward? Their # is 1-877-247-4645.

Good luck and please stay safe!! I hope everything works out for you guys and you'll be reunited very soon.

[Khal_Drogo 50]

I should add that "military line" simply cuts out the initial menu you get with the regular number. It connects you to the same agents and same info that answer the regular phones (they actually told me that themselves).

And check your inbox. Let me know if there's anything else you want to ask. Shop around for answers for sure, I just speak from my own experience, but if I can get mine done while on deployment and have her here in six months, I don't think you should have to wait nine just to start a long process that may take longer.

Edited February 23, 2013 by Khal_Drogo

[NikLR 13,227]

Because you have deployment orders, this is definitely grounds for an expedite. I would file ASAP, send in the copy of the orders and request an expedite. She can come to visit your family in the USA, but she won't be able to work etc, until after you have completed the process. It should be very fast with your orders. (Have a copy for them for the NVC stage as well.) I would make sure you have the AOS (affidavit of support) filled out and signed, along with the tax transcripts so that she can scan and email them to the NVC as soon as she can, just in case you are gone by then. She will have to do the medical in Canada and interview in Montreal, but as long as you guys have all your paperwork filled out ahead of time, Montreal is online forms so it's easy for her to do everything, email it in, and be all done sooner than later.

Best of luck to you both. Please stop by the Canada forum too if you want. Us Canadian women seem to like our US Military men. LOL My husband was USAF until Jan 2012. We will be living in Colorado too. (Well he is there already.)

Be safe!!!

Edited February 23, 2013 by NikiR

[JP and Tee 13]

Does she have any legal status to come to the US other than has a visitor? If not, she won't be allowed to live in the US until after the petition is approved and she gets her visa in hand. Not to say she couldn't visit the US for up to 6 months at a time if the officer at the border allows her to do that, but it's completely at their discretion.

Since you are deploying, I wonder if you may be eligible for expedited consular processing?? I don't think it would hurt to ask. Otherwise you'll probably just have to send your I-130 to the Chicago Lockbox like the rest of us biding our time waiting for our Canadian sweethearts to be able to live in the US. We used to be able to file the I-130 directly at consulate offices in Canada but they changed the rules over a year ago and made us wait in line with the rest of the people adjusting their status from the USA. TOTALLY unfair IMHO.

Actually, it looks like CIS has a special hotline for members of the military. Maybe if you cal them and explain the situation to them they can advise you on the best way to move forward? Their # is 1-877-247-4645.

Good luck and please stay safe!! I hope everything works out for you guys and you'll be reunited very soon.

The military helpline has not been very helpful. We've had a few agents telling us that we should've just AOS while the beneficiary is on a B2 instead of filing an I130 and waiting. We called and I as the beneficiary was not able to talk or proceed without having my husband present, even though the hotline clearly said it was for military personnel and their family members.

I hope your case has been approved. We're still waiting for our I130 to be approved despite sending it in Aug 2012. I dont know if being in the military is really all that special to the USCIS especially when we have to wait this long