US Immigrant brining Canadian husband to the USA

[canuckmoran 7]

Good morning everyone.

My wife is an American citizen whose been living with me in Canada for the past two years; since we have been married, and last year became a pernament resident of Canada.

Our stay in Canada was only to be temporary. In fact, we originally filed paperwork for me to move to the US via K1 fiance/spousal visa in 2009 until the markets crashed and unemployed rose, and we deemed it might be more advantageous for us to stay in Canada until the economy and job market heals itself.

Now, for a few personal reasons my wife and I decided that it is time to head to the US, in her case back to the US. This is where we need some advice.

What is the best route to go?
Does abandoing the K1/Fiance application hinder any future applications?

It just seems there are so much information out there. We just want to get the right information.

I look forward to hearing from you.

Thanks

[lost_at_sea 995]

Your K1 abandonment should have no effect on a new petition (we ditched ours and got married, no problems). Did you officially withdraw the petition and/or receive a letter that the case was closed?

You'll want to start following the I-130 for CR/IR-1 guide: http://www.visajourney.com/content/i130guide1

As you're both in Canada, your priority issue to think about is probably how you're going to do the I-864 affidavit of support - you'll need US income or a wedge of assets, or a joint sponsor.

Edited September 3, 2013 by lost_at_sea

[stevie b 141]

Good morning everyone.

My wife is an American citizen whose been living with me in Canada for the past two years; since we have been married, and last year became a pernament resident of Canada.

Our stay in Canada was only to be temporary. In fact, we originally filed paperwork for me to move to the US via K1 fiance/spousal visa in 2009 until the markets crashed and unemployed rose, and we deemed it might be more advantageous for us to stay in Canada until the economy and job market heals itself.

Now, for a few personal reasons my wife and I decided that it is time to head to the US, in her case back to the US. This is where we need some advice.

What is the best route to go?

Does abandoing the K1/Fiance application hinder any future applications?

It just seems there are so much information out there. We just want to get the right information.

I look forward to hearing from you.

Thanks

first withdraw your k-1 petition. since you are already married, you can NOT proceed with it anyway. then go the 130 route

[canuckmoran 7]

Your K1 abandonment should have no effect on a new petition (we ditched ours and got married, no problems). Did you officially withdraw the petition and/or receive a letter that the case was closed?

You'll want to start following the I-130 for CR/IR-1 guide: http://www.visajourney.com/content/i130guide1

As you're both in Canada, your priority issue to think about is probably how you're going to do the I-864 affidavit of support - you'll need US income or a wedge of assets, or a joint sponsor.

Hey lost at sea.

Thanks for your reply. My topic shoud've read US Citizen..... and FYI the original K1 was filed back in late 2010 and then abandoned in April 2011.

We were comtemplating her moving back into her previous residence and then sponsor me from there. That way I we both can continue to work and not worry.

Thanks,

Richard

first withdraw your k-1 petition. since you are already married, you can NOT proceed with it anyway. then go the 130 route

Hey StevieThanks for your reply. My topic shoud've read US Citizen..... and FYI the original K1 was filed back in late 2010 and then abandoned in April 2011.

We were comtemplating her moving back into her previous residence and then sponsor me from there. That way I we both can continue to work and not worry.

Thanks,

Richard

[lost_at_sea 995]

Hey lost at sea.

Thanks for your reply. My topic shoud've read US Citizen..... and FYI the original K1 was filed back in late 2010 and then abandoned in April 2011.

We were comtemplating her moving back into her previous residence and then sponsor me from there. That way I we both can continue to work and not worry.

Thanks,

Richard

I assumed you meant citizen, to be honest.

Did your I-129f/K1 get properly closed? You will declare the old petition on the application form for the new petition, and they'll ask the status of it.

[canuckmoran 7]

I assumed you meant citizen, to be honest.

Did your I-129f/K1 get properly closed? You will declare the old petition on the application form for the new petition, and they'll ask the status of it.

As far as I know it was. My wife was dealing with that.

If it isn't and has been 2.5yrs since the abandonment what will happen? We haven't received any communication from them since April 2011.

[stevie b 141]

Hey lost at sea.

Thanks for your reply. My topic shoud've read US Citizen..... and FYI the original K1 was filed back in late 2010 and then abandoned in April 2011.

We were comtemplating her moving back into her previous residence and then sponsor me from there. That way I we both can continue to work and not worry.

Thanks,

Richard

Hey StevieThanks for your reply. My topic shoud've read US Citizen..... and FYI the original K1 was filed back in late 2010 and then abandoned in April 2011.

We were comtemplating her moving back into her previous residence and then sponsor me from there. That way I we both can continue to work and not worry.

Thanks,

Richard

even though it was abandoned, it is still in the system.

you should withdraw it with a simple letter to the uscis that handled your case.. I have seen members have issues with an old petition that was never formally withdrawn. it's easy peasy bud.. I had to do it too

[lost_at_sea 995]

Same. We just sent a letter back to the processing centre our case was at, stating the case number, our full names and the reason for withdrawal (married in London instead) and then a couple weeks later we got a letter back saying the case was closed. The letter was done by my husband, as he was the petitioner (pretty sure it has to be the petitioner sending/signing the letter).

[stevie b 141]

confirmed.. petitioner must send the letter since they are the one that filed the petition