Bringing Canadian wife to US... complicated

[VanessaTony 3,567]

It is a B1 - i know its odd, but that is what they are given to complete their clinical rotations in the US if they attended an offshore medical school.

It was a lie by omission and when asked outright I answered truthfully with explanation as to why, as i said there was no point in continuing on this route.

I understand that this would in their eyes increase her immigrant risk and we did not have any proof with us of her ties to Canada - which she has plenty ie. bank accounts, student loans, family, car... and even chance for future employment. Only thing linking her to the US, is myself.

A form stating i won't change her status? Would the be something done as to show good faith in the immigration process or something of significance?

I-130 - I was advised that filing now then doing an AOS once i become a citizen would not be looked favorably upon the application and may prolong it. Is there any truth to that?

My plan of action now is to wait for my citizenship to go through, hopefully!

once that is complete file I-130 then file for a CR-1 by Direct Consular Filing.

Are these events a likely/logical sequence or am I missing something?

Yes, the statement of not changing her status (or form if they have one) will show good faith.

Also, you seem a little confused about the processes so I suggest you do some more reading. The I-130 would actually lead to a CR-1, there is nothing else YOU would file. There is no DCF available. The process is:

- you file I-130 petition for alien relative

- you have it approved (many months later)

- her file is sent to canada for HER to apply for a visa, she is sent information to process this visa

- after her medical, interview, approval and receipt of visa, she would enter the US on a CR-1 visa, and get LPR status on entry.

Also the term AOS is being misused by you above. AOS, adjustment of status, is exactly what the statement is saying you WILL NOT do. Adjustment of status is when you file a different document, I-485, while she is in the US to obtain a GC. This is why she was denied entry, because once you are a USC you could, in theory, file for that. Because of this "intent" in their eyes, and ability to AOS, she was denied entry.

You would not be AOSing her once you become a citizen, you would be changing your petition, again YOUR petition from one filed as an LPR (no immediate visa number) to one filed by a USC (immediate visa number). The I-130 wait time (the time between filing and approval) is dependent on your priority date (date they accepted the petition for processing). If you wait until you're a USC, obviously that date would be later than if you filed it now. So you would effectively be "marking her place in line".

whatever you decide is up to you and your wife, but I would file the I-130 asap, i would also write a statement/sign a form, whatever you can do to assist her in entry to the US for her exams. Otherwise, she may need to talk to her school about postponing these for a year or so, or changing the location (there must be some sort of accommodation for that because not everyone would be permitted entry to the US)

[chaine1 116]

sorry not DCF, i meant by consular processing as opposed to adjustment of status as it is faster.

http://www.lexisnexi...pdfs/web549.pdf

Research, research, research on this website. The link you've provided is misleading - consular processing is not faster than AOS (if you are measuring speed as how quickly you are together).

With consular processing, you are looking at roughly a year before she would move to the USA as a permanent resident.

But as Vanessa said, you need to become very familiar with immigration procedures. Use this website for that.

[med1 0]

OK thanks guys for the responses, i'm trying to research as much as I can between studying... i also have a licensing exam coming up !

I think coming for exams and interviews will be allowed on a parole basis, but we will find out more info once she goes for her parole this week. I am not concerned about that, i am more concerned about her gaining a a GC (or at the very least a visa- J1 or H1B) for residency which would start in July of next year. Sitting out a year is not a practical option really as it would be completely detrimental to her career as a physician.

So filing I-130 will get her in que from now, once i go from LPR to USC, i file to adjust/upgade (you're right, i misused AOS) it and this will bump her up in the que..?

- but from what is in the UCIS guidlines :

"The law gives special consideration to immediate relatives of U.S. citizens, which includes a U.S. citizen’s spouse, unmarried children under 21 years of

age, and parents.

•There is no waiting list to immigrate these relatives.

•The U.S. Department of State will invite them to apply for an

immigrant visa as soon as we approve your I-130 petition.

•If your petition has been approved, and your relatives are currently in the United States after making a legal entry (and they meet certain other

requirements), they may be able to file applications with USCIS to adjust to permanent resident status."

How is there no waiting list to immigrate these relatives if they are only invited to apply for an immigrant visa once the I-130 is approved?

How would they make a legal entry? as a visitor? This is not possible in my situation now i assume and this is why you are telling me to write a letter saying i won't try an AOS...

Consular processing is something the lawyer i just consulted has referred to as being the fastest process (she just did a friend of ours file, she is getting her GC i believe, it could be just a work permit, but in about 4 months total time) and the material in that link is directly copied from the UCIS website... but yes it is a bit confusing.

Edited April 24, 2013 by med1

[chaine1 116]

How is there no waiting list to immigrate these relatives if they are only invited to apply for an immigrant visa once the I-130 is approved?

It's confusing, I know. What they mean is that, as a US citizen, you will not have to wait for a visa number to be available. As a permanent resident, you would likely be looking at 2.5-3 years before a spouse was able to immigrate. It doesn't mean your wife can immediately move to the USA once filing has occurred. It just means you don't have to wait for a visa to become available after approval. As a permanent resident, you would get the I-130 approval, and then be placed in a queue to wait for a visa to become available, which can translate into several years. As a US citizen, you can skip the queue, but must still wait for the approval and visa issuance.

the material in that link is directly copied from the UCIS website

It's completely counter-intuitive, but don't rely on the USCIS website or call center. Had I done that, I would have been sent down the wrong road, chasing a K-3 visa, which is now basically obsolete, but is still offered by the USCIS.

Good luck!

[Rebecca Jo 1,962]

There is no consular processing for Canadians. The lawyer is wrong.

Understand this and understand it now. Customs and Border Patrol don't care about this:

"Sitting out a year is not a practical option really as it would be completely detrimental to her career as a physician."

As you are both busy people and have important stuff going on in your lives, you took it for granted that your personal business wasn't the business of governments. But it is. And now because you made false assumptions, your personal business just became harder to conduct.

She is now going to either need a visa to enter the US, or a paroled entry. Her "career" is not important to the US Government. Her university might be able to help get the government's attention through their foreign student services. Try that.

[med1 0]

thanks for the responses so far - YES i understand that noone cares about what we want or what we need, etc. ESPECIALLY now.

although i appreciate everyones input it's really not useful advice.

We are looking into any documentation or help that university can provide.

And i'm not sure how you mean consular processing is not an option for canadians? from the info i can find, and based on the fact she just processed our friends application who is also a canadian the same way... did i miss something here? I'm not referring to DCF.

So it seems the best route now, looking at the long term:

- file I-130

- wait on my USC to clear

- upgrade the status of the I-130

- have her apply for CR-1 (which involves going to montreal, etc)

and for immediate entry:

- just ask for parole each time

- have evidence of ties to canada

- gather info/documents/help from the school

- letter stating i won't file for AOS for her

[NikLR 13,234]

thanks for the responses so far - YES i understand that noone cares about what we want or what we need, etc. ESPECIALLY now.

although i appreciate everyones input it's really not useful advice.

We are looking into any documentation or help that university can provide.

And i'm not sure how you mean consular processing is not an option for canadians? from the info i can find, and based on the fact she just processed our friends application who is also a canadian the same way... did i miss something here? I'm not referring to DCF.

So it seems the best route now, looking at the long term:

- file I-130

- wait on my USC to clear

- upgrade the status of the I-130

- have her apply for CR-1 (which involves going to montreal, etc)

and for immediate entry:

- just ask for parole each time

- have evidence of ties to canada

- gather info/documents/help from the school

- letter stating i won't file for AOS for her

That is correct. Exactly what you need to do. Yes she will do consular processing because she has to go to the consulate in Montreal to do her interview.

Whether or not our advice is useful for you, depends on what you want. What we tell you is what is LEGALLY allowed to happen. Just because it's not what you WANT to happen is irrelevant at this point.

As a physician she may be able to get an H1B visa. I'm not sure if it is shorter or longer to do so vs the CR1. The difference is, as a CR1 visa applicant she is given a green card (2 or 10 year depending on how long you have been married when she moves to the USA.) After 3 years of being married to a US Citizen while living in the USA as a LPR, she can apply for citizenship. She would not lose her Canadian citizenship.

[med1 0]

oh no no i meant telling me that they don't care what we want - that is not useful advice. i'm well aware of the mistakes we made and that the law is paramount.

everything else has been immensely helpful!

well if she gains a residency position the hospital will file for either a J1 or H1-B on her behalf (this process would start in march of next year)

i am not quite sure on the time of the CR-1, as our friend was married in January to a USC and her process is almost complete.

the CR-1 has clear benefits of her instantly getting a GC.

Edited April 24, 2013 by med1

[Mariana2012 89]

What happens if you get a divorce?

[Boiler 47,538]

oh no no i meant telling me that they don't care what we want - that is not useful advice. i'm well aware of the mistakes we made and that the law is paramount.

everything else has been immensely helpful!

well if she gains a residency position the hospital will file for either a J1 or H1-B on her behalf (this process would start in march of next year)

i am not quite sure on the time of the CR-1, as our friend was married in January to a USC and her process is almost complete.

the CR-1 has clear benefits of her instantly getting a GC.

January last year?

[canadian_wife 1,831]

oh no no i meant telling me that they don't care what we want - that is not useful advice. i'm well aware of the mistakes we made and that the law is paramount.

everything else has been immensely helpful!

well if she gains a residency position the hospital will file for either a J1 or H1-B on her behalf (this process would start in march of next year)

i am not quite sure on the time of the CR-1, as our friend was married in January to a USC and her process is almost complete.

the CR-1 has clear benefits of her instantly getting a GC.

I was denied entry twice, Canadians do not receive any special treatment nor should you or your girlfriend expect any special treatment.

Now that she has been deemed to have immigrant intent, it will be difficult for her to obtain any non-immigrant visa. I suggest you get married in Canada and file for the Cr-1 spousal visa, and upgrade when you become a citizen.

good luck

[bigdog 377]

First, I think you mean F1, not B1. A B1 visa is not a student visa.

Secondly, she is Canadian. she lives just across the border and often some people take this for granted. Don't take offense when I tell you, being Canadian does not make her immune to US laws, nor does it make her special. She was being denied entry because you are her spouse, and because you could have filed for her GC once you became a USC. This alone give her immigrant intent. Not to mention she is in school and her "life" is in the US presently. You are supposed to bring proof of ties to Canada before entering. Your marriage does not alter the F1 (which is what I assume you mean), it can just alter her intent.

You also admit that you effectively lied by omission to CBP. Did they ask you outright if you were married and you said no? Or did they ask relationship status and you said friend? If you lied in way this also looks badly on her. This increases her immigrant risk. To them, why would you lie about your marriage unless your plans were to enter and try and AOS later?

I would file the I-130 now. It will put her in the queue. Then once your naturalise you can upgrade your petition to a citizenship petition. This will make it a lot quicker down the line (given the wait times at the moment).

I would also seek paroled entry for exams, and offer to sign a form stating you will not attempt to file for her adjustment of status while in the US. It will be her only chance. She does not have a right to enter. They do not care about her schooling or exams, they care about the laws.

[stevie b 141]

It is a B1 - i know its odd, but that is what they are given to complete their clinical rotations in the US if they attended an offshore medical school.

It was a lie by omission and when asked outright I answered truthfully with explanation as to why, as i said there was no point in continuing on this route.

I understand that this would in their eyes increase her immigrant risk and we did not have any proof with us of her ties to Canada - which she has plenty ie. bank accounts, student loans, family, car... and even chance for future employment. Only thing linking her to the US, is myself.

A form stating i won't change her status? Would the be something done as to show good faith in the immigration process or something of significance?

I-130 - I was advised that filing now then doing an AOS once i become a citizen would not be looked favorably upon the application and may prolong it. Is there any truth to that?

My plan of action now is to wait for my citizenship to go through, hopefully!

once that is complete file I-130 then file for a CR-1 by Direct Consular Filing.

Are these events a likely/logical sequence or am I missing something?

any statements by you the usc, on behalf of her the foreign spouse, in an effort to obtain a non-immigrant visa is worthless

[med1 0]

What happens if you get a divorce?

not sure, it may effect her in the future when trying to get LPR status.

January last year?

Jan 13 - she was actually on a B1 and did an adjustment of status through consular processing. She has a GC now.

I was denied entry twice, Canadians do not receive any special treatment nor should you or your girlfriend expect any special treatment.

Now that she has been deemed to have immigrant intent, it will be difficult for her to obtain any non-immigrant visa. I suggest you get married in Canada and file for the Cr-1 spousal visa, and upgrade when you become a citizen.

good luck

Why get married in Canada? I'm a LPR. I don't understand why i would apply for a CR-1 and upgrade? Isn't a CR-1 a visa... wouldn't i just apply for I-130 as an LPR, upgrade the status of it once i become a USC, then apply for a CR-1?

any statements by you the usc, on behalf of her the foreign spouse, in an effort to obtain a non-immigrant visa is worthless

hmmm... ok

[Boiler 47,538]

I suggest you take some time reading the guides, your comments and terminology are all over the place.

Adjusting Status through Consular processing is a contradiction in terms. Certainly takes a lot lot longer than you suggest.