Need to know how to get Greencard for my husband who is Canadian

[Vegaslady 0]

hello , I am new to this site but need some advice, I am a US citizen who married a Canadian, this is our story we started dating Jan 2008 , I, me the USA Citizen moved to Canada in Sept 2009, with my Canadian BF at the time , in canada since sept 2009, we married in The USA back Jan 2011 in Niagara falls NY, came across the canadian Border , and after that I recvd my Permanent resident in Canada Dec 2011, we are here in canada now 2013. but want to move to the USA in NC where I am orignally from, we have ties in the USA bank acct , time share and a home we just purchased . so I am trying to see how I can enter my husband through the usa border , and then I apply for I-130 and i believe it is the 1-495 not sure about that one , so he can get his greencard and PR in the USA. we also have ties in Canada as well . so the run down

been married over two yrs , dated for 3 before married . I am have job in the USA I work for a USA company here in canada and have worked for them two yrs . and when we go to the border what do i tell them why he is coming across, I mean we go to USA all the time to visit my family and never had an issue , but I am trying to find out how does he enter legally so when we get to the USA I can change his status for applying for greencard , I am not sure how to go about this , my first concern is what to tell them at the border , I would think us being together for 5 yrs and married over two yrs and 5 months it should not be much of a problem ... any advise would be greatly appreciated

[NikLR 13,227]

You will have to go the IR1 route.

http://www.visajourney.com/content/i130guide1

http://www.visajourney.com/wiki/index.php/EZGuideSpouse

Because of the length of your marriage. At the end of the process your husband will receive a 10 year green card which makes this an IR1 rather than a CR1 (which is what I will hopefully be getting at my interview.)

Edited May 23, 2013 by NikiR

[Vegaslady 0]

You will have to go the IR1 route.

http://www.visajourney.com/content/i130guide1

http://www.visajourney.com/wiki/index.php/EZGuideSpouse

Because of the length of your marriage. At the end of the process your husband will receive a 10 year green card which makes this an IR1 rather than a CR1 (which is what I will hopefully be getting at my interview.)

But does he have to wait here in canada , I mean we both live in canada now , so what we like to do is go to the uSA in June or July 2013 this yr , cause we always do and visit my family , but this time since we have purchased a home in NC , WE like to be able to cross the border in June ot July with his intentins to immigrate to the USA can he get on a tourist visa and change status after being in USA, I like to file the 1-130 and his paper work in the USA while we are there , not here in Canada , and he will not have to stay in Canada awaiting for greencard or invitation to USA, Is it possible to do this , and if it is possible what do we tell them at the border crossing ?

[NikLR 13,227]

But does he have to wait here in canada , I mean we both live in canada now , so what we like to do is go to the uSA in June or July 2013 this yr , cause we always do and visit my family , but this time since we have purchased a home in NC , WE like to be able to cross the border in June ot July with his intentins to immigrate to the USA can he get on a tourist visa and change status after being in USA, I like to file the 1-130 and his paper work in the USA while we are there , not here in Canada , and he will not have to stay in Canada awaiting for greencard or invitation to USA, Is it possible to do this , and if it is possible what do we tell them at the border crossing ?

He will not be able to move to the USA to immigrate without the appropriate paperwork. You can move. Your children, as US citizens, can move. He cannot. To change status AFTER being in the USA is fraud if you intended to immigrate like you are wanting to do. It's called misrepesentation and can carry a lifetime ban.

He will have to do all the paperwork from Canada. However, he can visit the USA as long as he shows proof of ties to Cnada if asked. If you want your whole family to stay together, the best thing is to wait until after he is approved, then move. But that creates it's own problems with the need to establish domicile and a joint sponsor if you're not already working and making enough to support the family. (Poverty guidelines are available on the USCIS website.)

I'm sorry if that means seperating your family, which I know is VERY hard. And that it means to take longer than you were hoping. My CR1 process has taken 8 months. I'm finally at the interview stage. I can't wait to actually LIVE with my husband again. Yours could certainly take less time if you start the filing process ASAP from Canada and filers from abroad tend to get auto expedited through the USCIS but there's no guarantees.

[Ryan H 3,813]

Moved from Progress Reports to Process & Procedures.