Applying for CR-1 with Request to Expedite?

[TeamZoo 0]

I'm really hoping that one of you knowledgeable forum members can help me. Here's our situation:

My husband and I both live here in Canada. He is here on a work visa and since I recently left my job to relocate to him, I am currently unemployed. He still has his property in the U.S. and had been looking into selling it. He recently received a job offer back in the city where he lived and is seriously considering taking it. This obviously means that we would need to apply for a CR-1 for me to be able to move too. From what I've read, it seems as though we can prove his current domicile here in Canada (we are both on the lease, we have a shared bank account) and he still has his place in the U.S. and U.S. bank accounts which can prove that he, "in good faith" intends to relocate to the U.S. Having read that DCF doesn't apply to Canada as their is no USCIS office up here and we would need to apply in the usual way, I am looking for the advice of you fine people.

If my husband took the job offer and we had to wait for the usual length of time, it would create a substantially severe financial loss as he would have to maintain the cost of 2 households, which qualifies as a criteria for an expedite. How likely is it that our case would be approved for expedition? How long would the process then take if it were expedited? These two questions are the ones we need answered most in order for him to decide whether or not to accept the job offer.

Any help / advice that anyone can provide us would be greatly appreciated! Thanks in advance for taking the time to read this

[NikLR 13,234]

That won't get you an expedite. I had to stay in Canada and support myself while my husband supported himself in the USA. Expedites are very hard to get unless there is a military spouse being deployed.

However, if you both file now while you're both still in Canada, the chances are good that you'll qualify for an unofficial "auto-expedite" because there are no local offices in Canada for them to send the file. Also historically, even with the I-130s were sent to Vermont and California service centers, foreign spouses who lived together abroad, tended to be auto-expedited. That means the I-130 would take a few months vs the average 6-10 months it takes while the US spouse lives in the US.

[TeamZoo 0]

Thank you for your insight, its much appreciated! We would be applying while we're both still here, so knowing they would auto-expedite it is good. About how long does that usually take?

Edited August 28, 2013 by TeamZoo

[NikLR 13,234]

Normally 1-3 months. The USCIS is trying to open the new Kansas center so they can deal with the stand-alone I-130s, so I'm unsure how they will deal with spouses living together abroad. You may be one of the first bunch to see it through. I hope they keep up the status quo!

I know it's hard, my visa process took 8 months from filing the petition to living in Colorado with the hubs. It was fairly quick actually. Your husband moving back to the USA ahead of time actually helps you with the Affidavit of Support and domicile issues you two will face. He could do it anytime after you file the I-130 petition from Canada.

I suggest reading the general guide: http://www.visajourney.com/content/i130guide1

Then this wiki guide:http://www.visajourney.com/wiki/index.php/How_Do_I_Bring_My_Spouse_(Husband_or_Wife)_to_Live_in_the_United_States%3F

Then this NVC guide especially for Canadians: http://www.visajourney.com/wiki/index.php/NVC_for_Montreal_Beneficiaries_%E2%80%93_Electronic_Processing_and_New_Online_Forms

Also visit the Canada forum for others who have immigrated to the USA from Canada: http://www.visajourney.com/forums/forum/93-canada/

I know it's a lot to think about and go over. But we're here for any questions you may have!

Edited August 28, 2013 by NLR

[pushbrk 13,616]

Thank you for your insight, its much appreciated! We would be applying while we're both still here, so knowing they would auto-expedite it is good. About how long does that usually take?

"We" don't "apply". Th process starts when the USC files a petition. When the petition is approved, the foreigner applies for a visa. Your petition might be autoexpedited or it may not. There's no way to know.

Edited August 28, 2013 by pushbrk

[TeamZoo 0]

Wow....seriously? I said "we" because my husband and I are a team, we work together. So yes, while "he" is the one doing the petition, this is a process that we are working on together.

[TeamZoo 0]

Btw, thanks again NLR for all your help...looks like I've got some more reading to do!

[pushbrk 13,616]

Wow....seriously? I said "we" because my husband and I are a team, we work together. So yes, while "he" is the one doing the petition, this is a process that we are working on together.

I get that a "couple" is involved in the process. It's not my first rodeo. I'm giving you the correct terminology. It's critical to understanding the discussion going forward.

Edited August 29, 2013 by pushbrk