We're both in tears over this. Please help. I can't be without her.

[PeaMealBacon 12]

My soon-to-be-wife and I are sitting here on the couch both in tears over this moving thing. We've found so many answers to questions that are just a wee bit different than our situation and neither of us know really where to turn. I was suggested to check out the forum after visiting Metafilter in search of this problem's solution.

Long story short:

I moved up to Toronto working for a company in Canada that I've been working for since 2009; I took a bigger gig up here, more money. I've been offered something back in my home land of Dallas, TX that I really want, and the lovely lady of my life and I are going to drive to Buffalo next week to get married to each other. I quit the job in Toronto, and my love and I have been living together in the same apartment with me as the bread winner for 8 months. In our heads, this would be a nothing process, and it's been one on a list of thousands of things to do in order to move.

I make the money, I take care of us financially. She takes care of me with love and her sweetness. I don't know what to do here to start, it seems like our situation bends just slightly differently than all of the others. I don't know what to do, and I don't even really know where to start. We are going to planning on moving at the end of this month, maybe beginning of next, in Buffalo, NY. Just us and her mom and dad.

Should I file the I-130 directly after? Do you think that they'll tell her she can't move with me and our truck full of stuff? What will she do then, she'll have nothing and nowhere.

Please help, we're both really stressing over this. I thank you immensely for your help.

[Mina90 134]

My soon-to-be-wife and I are sitting here on the couch both in tears over this moving thing. We've found so many answers to questions that are just a wee bit different than our situation and neither of us know really where to turn. I was suggested to check out the forum after visiting Metafilter in search of this problem's solution.

Long story short:

I moved up to Toronto working for a company in Canada that I've been working for since 2009; I took a bigger gig up here, more money. I've been offered something back in my home land of Dallas, TX that I really want, and the lovely lady of my life and I are going to drive to Buffalo next week to get married to each other. I quit the job in Toronto, and my love and I have been living together in the same apartment with me as the bread winner for 8 months. In our heads, this would be a nothing process, and it's been one on a list of thousands of things to do in order to move.

I make the money, I take care of us financially. She takes care of me with love and her sweetness. I don't know what to do here to start, it seems like our situation bends just slightly differently than all of the others. I don't know what to do, and I don't even really know where to start. We are going to planning on moving at the end of this month, maybe beginning of next, in Buffalo, NY. Just us and her mom and dad.

Should I file the I-130 directly after? Do you think that they'll tell her she can't move with me and our truck full of stuff? What will she do then, she'll have nothing and nowhere.

Please help, we're both really stressing over this. I thank you immensely for your help.

It is always best to plan ahead of time, especially when it comes to immigration. You said your soon-to-be-wife, therefore you will want to file for CR-1 spousal visa (since it will be under 2 years of marriage). Normally with CR-1/IR-1 visa, your spouse waits in their home country until they go through the process and obtain the visa and then they come to the US. A few questions that come to mind:

Do her parents live with you too and are they planning to immigrate to the US with you and your soon-to-be-wife?

Are her parents US Citizens or LPR? If not, who's going to file for them to immigrate to the US?

Did your soon-to-be-wife file for any type of visa?

Are you all planning to take a flight from Canada to US? Or drive?

When you say "they'll say she can't move with you", do you mean officers at POE?

Edited March 12, 2013 by Mina90

[N-o-l-a 7,167]

I think you need to calm down and give us facts.

When are you planning on moving?

Are you the USC?

You need to file the I-130 pronto. It will likely be expedited because you are living abroad (USE A FOREIGN ADDRESS FOR THE USC), but you still need to plan on a minimum of 6-7 months from your filing date. She can stay in America while she waits for her interview and medical as long as Canadians can normally stay without a visa.

Edited March 12, 2013 by Nola123

[JohnR! 5,495]

Jim, there is no reason to be in tears. Your case is not all too complicated, except that entering the US with the intention to marry and stay is considered immigration fraud. There is absolutely nothing wrong with you guys getting married and your wife will be able to stay in the US for the time she is allowed at the POE, but at some point she will need to return to Canada to prepare her documents and to enter the US as a resident. In the meanwhile she will have to be here as a tourist and respect the allowed stay she is given.

Having said that, once you get married go ahead and file the I-130 which is your requisition that she be granted a resident visa to the US. That will start the process.

It is really not that complicated. It is only a matter of paperwork and time.

Congratulations and good luck!

Edited March 12, 2013 by Gegel

[PeaMealBacon 12]

Ok -- we're calm and here's facts -- thanks for replying, please understand that we're both just kind of freaking out.

1. I'm up here on a T23 NAFTA Technical Writer visa. I've been here since February 21, 2012.

2. Laura and I met and moved in together. We're not married quite yet, we have a plan to go and do that on Monday in Buffalo, NY; we live in Toronto.

3. I've been offered another job in Dallas, where I'm from, and I want to move her with me.

4. I am her main means of support and survival

5. Her dad is dead and her mom will not be moving with us, she's married and lives a few hours north.

6. She will have nowhere to go if they don't let her through, I take care of us financially.

7. It is ME who is the USC.

The plan right now was to file the I-130 after Monday when we're married. Will that allow me to at least BRING her to the US with me? We're looking for an apartment right now.

Look, I had no idea the severity of this, that's something we just discovered. We are so seriously in understanding of the severity of this now, if that helps.

When I moved up here, the company got a lawyer for it because they screwed up on the paperwork the first time.

Edited March 12, 2013 by JimOnLight

[PeaMealBacon 12]

Jim, there is no reason to be in tears. Your case is not all too complicated, except that entering the US with the intention to marry and stay is considered immigration fraud. There is absolutely nothing wrong with you guys getting married and your wife will be able to stay in the US for the time she is allowed at the POE, but at some point she will need to return to Canada to prepare her documents and to enter the US as a resident. In the meanwhile she will have to be here as a tourist and respect the allowed stay she is given.

Having said that, once you get married go ahead and file the I-130 which is your requisition that she be granted a resident visa to the US. That will start the process.

It is really not that complicated. It is only a matter of paperwork and time.

Congratulations and good luck!

That stopped the tears!

So is there anything wrong with us hopping over to Buffalo to get married and come back? We have found nothing that states this is bad, we called a place in Niagara that specializes in exactly this.

Is there anything wrong with this as you see that would potentially marr our process? I was under the assumption that this was completely legal!

[JohnR! 5,495]

Ok -- we're calm and here's facts -- thanks for replying, please understand that we're both just kind of freaking out.

1. I'm up here on a T23 NAFTA Technical Writer visa. I've been here since February 21, 2012.

2. Laura and I met and moved in together. We're not married quite yet, we have a plan to go and do that on Monday in Buffalo, NY; we live in Toronto.

3. I've been offered another job in Dallas, where I'm from, and I want to move her with me.

4. I am her main means of support and survival

5. Her dad is dead and her mom will not be moving with us, she's married and lives a few hours north.

6. She will have nowhere to go if they don't let her through, I take care of us financially.

7. It is ME who is the USC.

The plan right now was to file the I-130 after Monday when we're married. Will that allow me to at least BRING her to the US with me? We're looking for an apartment right now.

Look, I had no idea the severity of this, that's something we just discovered. We are so seriously in understanding of the severity of this now, if that helps.

When I moved up here, the company got a lawyer for it because they screwed up on the paperwork the first time.

Jim, only the agent at the POE will be able to tell her if she can come through or not. She may be asked to show proof of her ties to Canada, including a job, bank account, etc. That she has no income there may be a problem if asked and that you are her only financial support would make matters even worse.

I am not sure what I would do in your situation but I think that sometimes the best option is to tell the truth. They will certainly ask her why she is coming to the US and at that point, she will have little latitude for creativity. She might just want to tell them truth that she is coming to marry you in Buffalo, and to return to Canada at the end of her allowed stay. She might want to volunteer that she her no intention of staying and applying for a greencard in the US because she knows that would be considered immigration fraud. She may offer to sign an affidavit to that effect. It has been done before.

However, it will all be up to the agent at the POE. Their decision is final.

Edited March 12, 2013 by Gegel

[JohnR! 5,495]

That stopped the tears!

So is there anything wrong with us hopping over to Buffalo to get married and come back? We have found nothing that states this is bad, we called a place in Niagara that specializes in exactly this.

Is there anything wrong with this as you see that would potentially marr our process? I was under the assumption that this was completely legal!

Absolutely nothing wrong. Many people do just that. In some countries, it is almost impossible for an American to get married, so many choose to bring their fiances over, get married here and the wife then returns to the home country to wait for the CR-1 process.

Edited March 12, 2013 by Gegel

[N-o-l-a 7,167]

Jim, only the agent at the POE will be able to tell her if she can come through or not. She may be asked to show proof of her ties to Canada, including a job, bank account, etc. That she has no income there may be a problem if asked and that you are her only financial support would make matters even worse.

I am not sure what I would do in your situation but I think that sometimes the best option is to tell the truth. They will certainly ask her why she is coming to the US and at that point, she will have little latitude for creativity. She might just want to tell them truth that she is coming to marry you in Buffalo, and to return to Canada at the end of her allowed stay. She might want to volunteer that she her no intention of staying and applying for a greencard in the US because she knows that would be considered immigration fraud. She may offer to sign an affidavit to that effect. It has been done before.

However, it will all be up to the agent at the POE. Their decision is final.

:thumbs:

[Mina90 134]

Ok -- we're calm and here's facts -- thanks for replying, please understand that we're both just kind of freaking out.

1. I'm up here on a T23 NAFTA Technical Writer visa. I've been here since February 21, 2012.

2. Laura and I met and moved in together. We're not married quite yet, we have a plan to go and do that on Monday in Buffalo, NY; we live in Toronto.

3. I've been offered another job in Dallas, where I'm from, and I want to move her with me.

4. I am her main means of support and survival

5. Her dad is dead and her mom will not be moving with us, she's married and lives a few hours north.

6. She will have nowhere to go if they don't let her through, I take care of us financially.

7. It is ME who is the USC.

The plan right now was to file the I-130 after Monday when we're married. Will that allow me to at least BRING her to the US with me? We're looking for an apartment right now.

Look, I had no idea the severity of this, that's something we just discovered. We are so seriously in understanding of the severity of this now, if that helps.

When I moved up here, the company got a lawyer for it because they screwed up on the paperwork the first time.

It's not all that severe, it's just a matter of time really. Relax, it will be fine. As other VJ members have suggested, as soon as you get married, start gathering all the I-130 documentation.

Here is a link to the guide to how to get started: http://www.visajourney.com/content/i130guide1

Best of luck and welcome to the journey.

[Harpa Timsah 13,258]

Just like you need a visa to live in Canada, your wife will need to obtain a visa to be able to live in the US. Filing a I-130 does NOT allow her to live in the US; I think that is getting lost here. The I-130 needs to be approved and she needs to go to Canada for an interview for an immigrant visa. The I-130 is just the first step and does not grant her any special anything by itself. She can visit in the US in the meantime, but her being married to you does not allow her to live in the US by itself.

If you go in a truck with your household belongings to the border and she does not have an immigrant visa, then yes, she will probably be denied entry.

There is no way to get your wife an immigrant visa without being separated for a while, unless you delay your moving back to the US for a year. Seeing as you already quit your job, I guess you are not putting it off for that long.

Edited March 12, 2013 by Harpa Timsah

[Mina90 134]

Just like you need a visa to live in Canada, your wife will need to obtain a visa to be able to live in the US. Filing a I-130 does NOT allow her to live in the US; I think that is getting lost here. The I-130 needs to be approved and she needs to go to Canada for an interview for an immigrant visa. The I-130 is just the first step and does not grant her any special anything by itself. She can visit in the US in the meantime, but her being married to you does not allow her to live in the US by itself.

If you go in a truck with your household belongings to the border and she does not have an immigrant visa, then yes, she will probably be denied entry.

There is no way to get your wife an immigrant visa without being separated for a while, unless you delay your moving back to the US for a year. Seeing as you already quit your job, I guess you are not putting it off for that long.

^Good Point.

To the OP, is there a place where your soon-to-be-wife can stay in Canada while she waits for the I-130 process to be finished? I had previously asked if she had applied for any other visa (for example, tourist visa). If she did, and has that, she can visit until her time is up but then will have to return to not go out of status and wait in Canada until she is issued the CR-1/IR-1 visa.

[squirrelisan 23]

Not to add to all the replies, but I'd like to respond and answer Jim's question a little differently. You have several options, it's just a matter of timing on which one is better for you. All your hardcore VJ'ers please correct me if I'm incorrect on any of this. I think I was in a similar situation to you.

First, look at this pagebelow. It provides a flowchart that applies to basically everyone that isplanning to get married, or already is married. Click on where it says"BEGIN HERE" in red letters. These are your 4 basic options (although nobody really does a K3).

http://www.visajourn.../content/guides

Each type of Visa on this page has different pros/cons. Depending on what is most important to you/situation/requirements, you should pick one. (Although the K3 is pretty useless these days) There are a few factors to consider. I think it's all going to come down to timing for you. What you want to do is fine. My wife came into the country in the VWP (Visa Waiver Program), we got married a few weeks later. You just have to understand there may be a time where you need to be separated, depending on the speed of things. And she will definitely need to be in Canada at some point for the interview. Whether that interview is 3 months from now, or next year,depends all on the speed of the process, and which Visa you apply for.

What I would look into further is the DCF option. That's basically an I-130 except done by the foreign embassy, instead of USCIS/NVC which are horribly slow. You have a foreign address right? The DCF's are typically much much faster. I know you have a wedding in Texas planned, but what about doing like a quick civil marriage type thing in Canada, start your I-130 paperwork, and be separated only a few months, instead of 3-6 months? Do you have to start in Texas right away, or can you delay it a month or two? Ask somebody else about DCF's though, as I have no experience.

Read a lot though before deciding anything or filing any paperwork. I would say no matter how obscure your question is, 95% of them are already answered in these forums. The search box also actually works well, since it seems to be powered by google.

Edited March 12, 2013 by squirrelisan

[N-o-l-a 7,167]

Not to add to all the replies, but I'd like to respond and answer Jim's question a little differently. You have several options, it's just a matter of timing on which one is better for you. All your hardcore VJ'ers please correct me if I'm incorrect on any of this. I think I was in a similar situation to you.

First, look at this pagebelow. It provides a flowchart that applies to basically everyone that isplanning to get married, or already is married. Click on where it says"BEGIN HERE" in red letters. These are your 4 basic options (although nobody really does a K3).

http://www.visajourn.../content/guides

Each type of Visa on this page has different pros/cons. Depending on what is most important to you/situation/requirements, you should pick one. (Although the K3 is pretty useless these days) There are a few factors to consider. I think it's all going to come down to timing for you. What you want to do is fine. My wife came into the country in the VWP (Visa Waiver Program), we got married a few weeks later. You just have to understand there may be a time where you need to be separated, depending on the speed of things. And she will definitely need to be in Canada at some point for the interview. Whether that interview is 3 months from now, or next year,depends all on the speed of the process, and which Visa you apply for.

What I would look into further is the DCF option. That's basically an I-130 except done by the foreign embassy, instead of USCIS/NVC which are horribly slow. You have a foreign address right? The DCF's are typically much much faster. I know you have a wedding in Texas planned, but what about doing like a quick civil marriage type thing in Canada, start your I-130 paperwork, and be separated only a few months, instead of 3-6 months? Do you have to start in Texas right away, or can you delay it a month or two? Ask somebody else about DCF's though, as I have no experience.

Read a lot though before deciding anything or filing any paperwork. I would say no matter how obscure your question is, 95% of them are already answered in these forums. The search box also actually works well, since it seems to be powered by google.

There is no DCF for Canada.

[PeaMealBacon 12]

^Good Point.

To the OP, is there a place where your soon-to-be-wife can stay in Canada while she waits for the I-130 process to be finished? I had previously asked if she had applied for any other visa (for example, tourist visa). If she did, and has that, she can visit until her time is up but then will have to return to not go out of status and wait in Canada until she is issued the CR-1/IR-1 visa.

We literally have nowhere else for her to stay.

@Harpa Timsah:

If you go in a truck with your household belongings to the border and she does not have an immigrant visa, then yes, she will probably be denied entry.

There is no way to get your wife an immigrant visa without being separated for a while, unless you delay your moving back to the US for a year. Seeing as you already quit your job, I guess you are not putting it off for that long.

How can this be the case? I pay our bills. I sustain US. If she can't come with me, she's homeless. Is there NO way to work around this?