Advice for American with Canadian spouse?

[robinde 0]

I'm a dual American-Canadian citizen living in Ontario with my husband, a Canadian, and our two kids, both dual American-Canadian citizens. We've been living in Canada for 11 years (married for almost 9 years) and we are planning to move down to the US this summer. Unfortunately I didn't research the lengthy process for getting an immigrant visa earlier, and I foolishly assumed that we would be able to do DCF at Toronto (not an option now). I just filed the I-130 form at the Chicago lockbox earlier this week. Based on what I've read on these forums, it sounds like the IR-1 visa will take several months in processing and isn't going to be available by this summer.

We don't want to live apart, but I also have the problem of re-establishing my US domicile and finding employment in order to qualify for the I-864, Affidavit of Support. We would like our kids to be able to start school in September in the US. We're also starting the process of selling our house in Canada in order to be able to afford a house in the US. My parents live in the US (in the same city where we are moving) and can help as my husband's joint sponsors, if necessary. My husband's mother lives in Ontario, and he plans to use her address as his Canadian residence until getting permanent residence/green card in the US.

My question is - can my Canadian husband legally enter the US in mid-July as a 3 month visitor (without a visa)? Is this at the discretion of the US border guards? He isn't planning to work in the US until he gets a green card. He would also be returning to Canada for short periods (two weeks or less) to finish up his business matters here. Can we file the forms for his permanent residence/green card while he is staying with me as a visitor in the US? As I understand it, Canadians are legally allowed to enter the US as short-term visitors without filing for a visa. We have Canadian friends who temporarily reside in the US for the winter months, and return to Canada during the summer. But we're concerned that we could be denied at the border if it appears that he is moving down to the US to actually live there, and not just staying as a temporary visitor with intent to return to Canada.

Also, would it expedite the process to get the medical exams/police certificates completed before we travel down to the US?

thanks for any advice you can give me!

[ricky and elaine 8]

Oh my dear! You seem to be facing the same thing as I. We are doing it by the book. and still we are faced with long wait times. We have bona fide marriages and still it is odd. I do so wish you the best. Hopefully the kids will be in school in the US in the fall. If you look at Canadian timelines for CR1 you can see that some are quite quick.. I am not sure what is the criteria they use or perhaps its the service center it has been sent to. I wish you a speedy approval. Btw, I have not had any trouble crossing the border. Brought ties to Canada and was straight up with immigration. All the best!

[NikLR 13,234]

I'm a dual American-Canadian citizen living in Ontario with my husband, a Canadian, and our two kids, both dual American-Canadian citizens. We've been living in Canada for 11 years (married for almost 9 years) and we are planning to move down to the US this summer. Unfortunately I didn't research the lengthy process for getting an immigrant visa earlier, and I foolishly assumed that we would be able to do DCF at Toronto (not an option now). I just filed the I-130 form at the Chicago lockbox earlier this week. Based on what I've read on these forums, it sounds like the IR-1 visa will take several months in processing and isn't going to be available by this summer.

We don't want to live apart, but I also have the problem of re-establishing my US domicile and finding employment in order to qualify for the I-864, Affidavit of Support. We would like our kids to be able to start school in September in the US. We're also starting the process of selling our house in Canada in order to be able to afford a house in the US. My parents live in the US (in the same city where we are moving) and can help as my husband's joint sponsors, if necessary. My husband's mother lives in Ontario, and he plans to use her address as his Canadian residence until getting permanent residence/green card in the US.

My question is - can my Canadian husband legally enter the US in mid-July as a 3 month visitor (without a visa)? Is this at the discretion of the US border guards? He isn't planning to work in the US until he gets a green card. He would also be returning to Canada for short periods (two weeks or less) to finish up his business matters here. Can we file the forms for his permanent residence/green card while he is staying with me as a visitor in the US? As I understand it, Canadians are legally allowed to enter the US as short-term visitors without filing for a visa. We have Canadian friends who temporarily reside in the US for the winter months, and return to Canada during the summer. But we're concerned that we could be denied at the border if it appears that he is moving down to the US to actually live there, and not just staying as a temporary visitor with intent to return to Canada.

Also, would it expedite the process to get the medical exams/police certificates completed before we travel down to the US?

thanks for any advice you can give me!

No you likely will not get a visa by summer time.

The length of stay and the ability to do so is completely on the CBP officer that your husband encounters when trying to cross over. If that person feels your husband is trying to move without a visa, he could easily be denied. However, a great deal of the time Canadians are simply asked a few extra questions and waved through. The idea is that he should bring proof of his ties to Canada, as many as possible. For instance a letter from an employer, bills, a lease (car or apartment) and basically things that the average person wouldn't just walk out on. A return ticket is a VERY good idea.

If you file from Canada and do not use a US address anywhere on the form, it's highly possible that your petition would be sent directly to the NBC and stay there to be adjudicated. This is preferable than most local offices and people who file from abroad tend to be adjudicated in 1-2 months vs 4-8+. (Keep in mind this is for the petition only. There is still the NVC, medical and interview afterwards.) YOu cannot schedule the medical exam until after you have an interview letter and a police clearance file is good for 1 year at the Montreal Consulate where the interview will take place.

If your parents are willing to be a joint sponsor for you, it would help lessen the time you are apart. They would need to show an income for a family of 3 (your mom, your dad and your husband) unless they also have other dependents at the moment. You would need to show the income for a family of 4.

[robinde 0]

Thanks for both of your replies! I really appreciate your advice. I used our Canadian home address on the I-130 form, except for in Question 18 (Address in the U.S. where your relative intends to live), for which I put my parents address in North Carolina. When I get the notification back from the Chicago lockbox that the I-130 has been received, will they tell me which office/service center (or NBC) is processing the petition?

Also, is there any point in doing the I-129F process directly through Montreal as in this page?

http://montreal.usconsulate.gov/visas/visas/fianc-k-1-visas/steps.html

Or is this going to interfere with my I-130 petition processing? Someone on another forum told me that K3 spouse visas are no more... does that mean they are not being regularly processed?

Our plan was to sell our house this summer, move our belongings down to the US in July via a moving company, and drive our two cars down (declaring my husband's visitor status at the border and my intent to return and re-establish residency in the US). It sounds like this could be problematic if my husband isn't able to demonstrate that he still has strong ties to Canada. Now I'm thinking that we should only drive one car down to the US, and buy him a return one-way plane ticket back to Canada, leaving one of the cars in Ontario for him to drive down on a future trip. It will also be helpful to have that car in Canada in order to get to Montreal for the eventual visa interview. Thanks again for the advice about bringing proof of ties to Canada - it sounds like that will be very helpful in crossing the border.

[NikLR 13,234]

A k3 is an obsolete visa. One lady on here tried to go that route. Her I-129f actually made it to the NVC before the I-130 so it remained open and was sent to Montreal. Montreal closed the I-129f because she had an approved I-130 on file. Don't waste your time or money. The CR1 is the superior visa. The K3 requires adjustment of status to obtain a green card while your husband will have a green card immediately upon arrival to the USA with the CR1 path. His initial POE gives him a stamp that acts as a temporary green card until his actual one arrives. It means he can work as soon as he has a SSN and can travel immediately.

To be honest, having your husband with you for that drive down could be problematic. But if you are using a moving company vs a uhaul it might be okay and go easier. Bring a copy of the NOA1 along with his ties to Canada so that they know you're doing things legally. Also be prepared for him to be put into secondary and have extra questioning (aka bring food, beverages etc for your kids and lots to keep them entertained, just in case.) It's better to be prepared for the worst and not need anything, than need it all and not have it, IMHO.

I suggest coming down to the Canada forum for ideas and personal experience stories.

In regards to your petition I would have put "to be decided" on where you were going to live. The first 3 letters of your receipt number will most likely say MSC which is the National Benefits Center in Lee's Summit, Missouri. From there they may or may not send it to a local office. You can only find that out by calling the USCIS and talking to an ISO (tier 2 person) after about 2-3 months. Your petition will likely be approved by then if it stays at there NBC. We never called the USCIS and ours was approved in 4 months, likely out of Denver. However because my husband is ex USAF and currently working for the FAA, he would have easily passed any background checks. After all he had a visit from the FBI just for his current job.

Edited May 15, 2013 by NikiR

[robinde 0]

Thanks so much Niki! Our house contents will travel separately from us (shipped in my name), but we're probably still going to have a large carload of stuff with us, and our 9-year-old son's pet bird. So it will be pretty obvious that we are moving to the US and not just visiting. We do want to be straight-up with the CBP about our intentions, and I hope we don't get turned away. Good idea about bringing food and entertainment for the kids... it could be a long wait at the border! I'll visit the Canada forum as you suggested.

[NikLR 13,234]

To be honest you have a recipe for disaster. Birds probably need quarantine and probably quite a bit of vet work. Also a whole car full with your stuff... I can see your stuff and husband being denied. I mean it could be okay but I can't see this going well.

[hikergirl 277]

https://help.cbp.gov/app/answers/detail/a_id/57/kw/pets%20birds

Birds from Canada that have been in the owner's possession for at least 90 days before importation and that are found healthy upon veterinary inspection at one of the Canadian border ports of entry where veterinarians are stationed are exempt from the 30-day quarantine.

In any case, every bird is subject to inspection by a veterinarian. You should call ahead to make sure that a vet will be available at the port of entry you intend to enter the U.S. through. If arrangements are not made to ensure that a vet will be there, thebird may be detained until the vet can travel to the port. There is a $16 inspection fee. Pet birds must be kept separate and apart from all other birds and poultry while outside the United States.

[NikLR 13,234]

Get those vet bills! Thanks hikergirl for searching that up.

[Ms Hogan 296]

I have to agree with everything that has already been said. I also hate to say it but don't see how you could possibly get through the process in time to have the kids in school for the Fall. Best case scenario would be a clean start after the holidays maybe?

I also would be very concerned with having your husband try to visit while all of you are traveling together. You moving back to the U.S. with the kids and then him following later as a visitor would be what you'd have to do. Does he have anyone he can take up residence with in Ontario to show a lease with? Does he have a job in Ontario or anything at all? When he says he is visiting you they'll ask how long he's staying. If he goes back and forth a lot it might be easier. They will ask him if he's applying for residence. I traveled back and forth across the border almost every other weekend, sometimes more, during our process and would be asked where we were in the process etc. They wanted to be certain I wasn't planning to stay without permission. But because I kept coming back through another week or so later they would see that obviously I was truly visiting as opposed to over-staying at any point.

I'm not sure how much help, if any at all, I've been but we're here to help in whatever way we can. Please take a moment to update your timeline when you get a chance.

[robinde 0]

Thanks so much for your thoughts and for the information about importing pet birds! One good thing is that my son's bird is a cockatiel and not a larger parrot, as larger parrots apparently require a CITES permit (see www.parrottravel.org/), while cockatiels do not. I don't know if I should go ahead and get a veterinary health certificate here in Ontario and THEN make a future vet appointment at the border crossing? I'll plan to call the border crossing and find out the exact procedure and requirements.

Yes, I'm very concerned that we'll be denied crossing in July! By then, we'll have our possessions in storage ready to move, which can't happen until after I cross the border. Our move is being done in my name and the moving company (U-Haul) won't transport our belongings until I'm actually in the US. Do you think it would be a better plan to have my husband fly down to NC from Toronto in August with a return ticket to Ontario around October? That means I would drive from Ontario to NC by myself with our kids (and a travel letter from my husband so I could take the kids into the US), but at least we would only have to worry about the bird being denied entry and not my husband...

This would also give him time to finish up with our house closing and his business matters. He owns his own incorporated business and will be talking to his accountant and lawyer about the best way to proceed. After our house is sold, he can use his mother's house as his temporary residence and mailing address until the US immigration plans come through. It feels weird that we're going to have to repeat the back-and-forth travel that we did 11 years ago before I moved to Canada to live with him!

[Ms Hogan 296]

I think your plan is falling into place nicely and that your expectations are very reasonable. Him having a return ticket would be very helpful in this situation.

[NikLR 13,234]

I agree. I really do hope it goes smoothly for you!

[Keith&Helen 3]

I visited my husband multiple times during the process of waiting for my green card. Fortunately, he lives in Buffalo, I was in Toronto, only 2 hours away. I didn't have any problem crossing the border, if you're honest and have all the supporting documents, they would believe your intention. I always had a letter from my employer and the lease from the landlord. Good luck! It'll be worth it!