Applying for Visa for Canadian Spouse

[Merica! 0]

Hello all and thanks in advance for your help. I intend to apply for a visa for my Canadian wife soon and have a few questions. Some of them might sound like no-brainers but I like to be cautious when doing important things. Plus it might help someone else out =). I am following instructions at this website: Step-by-Step Guide on How to File for a IR-1 / CR-1 Visa for a Foreign Spouse. I apologize for the long read.

I married my Canadian wife in late 2013. The ceremony was in Canada and marriage license was issued by Canada. We intend to live in the United States. She is currently living and works full time in Canada and I live and work full time in the United States. I am also a full time student and have been in the Army Reserves for 10 years. I was born abroad and my parents immigrated here. They got their citizenship before I turned 18 and I was naturalized and obtained my citizenship certificate through them. I want to get wifey here ASAP but also want to do it in the safest and most legal way possible. On to my questions:

1) On these documents and in the website, does the word "petitioner" refer to me (the U.S. citizen) or my wife? I am pretty sure it is me but want to be certain.

2) Do copies of birth certificates, marriage certificate, passport, and divorce papers HAVE to be certified? I do not own an original of my birth certificate, I only have a greyscale English copy (front only) that I have used for college, work, Army, etc. all my life. Also, the original marriage certificate is currently in Canada with the wife. So if I can get away with just using high quality copies it would be very convenient.

3) Is my citizenship certificate acceptable for "proof of naturalization"?

4) Should I throw a copy of our driver's licenses and/or my military ID into the packet?

5) We do not have much "evidence of a bonifide marriage". We do not jointly own anything, have not co mingled resources, and have no children at all. Will an affidavit from one of her friends and one of mine be enough? We have also gathered photos, flight itineraries, hotel reservations from our trips to each other's countries as well as a log of our Skype conversations. Can these items be submitted as evidence?

6) She plans on visiting here in a few weeks. We are even going to have a 2nd wedding reception for the benefit of my friends and family that could not make it to the Canadian reception. Is it safe for me to go ahead and submit the application within a week? She is only visiting for two weeks and will be gone by mid August =(.

7) Once the application is approved, is wifey required to drop everything and fly to the U.S. immediately? At her job, she gets involved with projects that span months and a "2 week notice" would be highly irresponsible. She might need to give a 2-3 MONTH notice and complete her current project before she can quit her job and fly down.

8) How long is this process going to take from mailing the application to her being eligible to fly down here? I will be mailing to the Arizona Lockbox facility.

Here are the items I have already gathered/completed:

a) I-130

b) G-325As with original signatures and passport pics dated 2 weeks ago

c) G-1145

d) Proof of our vists to each other and Skype logs

e) 2 affidavits (one from her friend and one from mine)

f) UNCERTIFIED copies of passports, citizenship certificate, birth certificates, marriage certificate, divorce paper

Thanks again for your help folks!

Edited July 17, 2014 by Merica!

[NikLR 13,234]

Hello all and thanks in advance for your help. I intend to apply for a visa for my Canadian wife soon and have a few questions. Some of them might sound like no-brainers but I like to be cautious when doing important things. Plus it might help someone else out =). I am following instructions at this website: Step-by-Step Guide on How to File for a IR-1 / CR-1 Visa for a Foreign Spouse. I apologize for the long read.

I married my Canadian wife in late 2013. The ceremony was in Canada and marriage license was issued by Canada. We intend to live in the United States. She is currently living and works full time in Canada and I live and work full time in the United States. I am also a full time student and have been in the Army Reserves for 10 years. I was born abroad and my parents immigrated here. They got their citizenship before I turned 18 and I was naturalized and obtained my citizenship certificate through them. I want to get wifey here ASAP but also want to do it in the safest and most legal way possible. On to my questions:

1) On these documents and in the website, does the word "petitioner" refer to me (the U.S. citizen) or my wife? I am pretty sure it is me but want to be certain.

--You

2) Do copies of birth certificates, marriage certificate, passport, and divorce papers HAVE to be certified? I do not own an original of my birth certificate, I only have a greyscale English copy (front only) that I have used for college, work, Army, etc. all my life. Also, the original marriage certificate is currently in Canada with the wife. So if I can get away with just using high quality copies it would be very convenient.

--As you are not natural born USC your Birth Certificate isn't required. A photocopy of the marriage certificate is needed, not the original. Do not send original documents to the USCIS.

3) Is my citizenship certificate acceptable for "proof of naturalization"?

--you can use a photocopy of that or your entire passport.

4) Should I throw a copy of our driver's licenses and/or my military ID into the packet?

--No. Not required or needed. You do not even need a photocopy of the beneficiary's birth certificate.

5) We do not have much "evidence of a bonifide marriage". We do not jointly own anything, have not co mingled resources, and have no children at all. Will an affidavit from one of her friends and one of mine be enough? We have also gathered photos, flight itineraries, hotel reservations from our trips to each other's countries as well as a log of our Skype conversations. Can these items be submitted as evidence?

--Absolutely. Read the bottom of this wiki for a list of evidence you can submit. http://www.visajourney.com/wiki/index.php/EZGuideSpouse

6) She plans on visiting here in a few weeks. We are even going to have a 2nd wedding reception for the benefit of my friends and family that could not make it to the Canadian reception. Is it safe for me to go ahead and submit the application within a week? She is only visiting for two weeks and will be gone by mid August =(.

--She can visit while the process is ongoing. She should bring proof of her ties to Canada, like bills, leases, rental agreement or proof of mortgage, letter from her employer or proof of school enrollment, and a return ticket or itinerary showing return. She likely wont be asked for it, but should be prepared for extra questions when she says she is visiting her husband. Most people never have an issue crossing the border but being denied entry doesn't affect the process as long as you arent banned. Never lie!

7) Once the application is approved, is wifey required to drop everything and fly to the U.S. immediately? At her job, she gets involved with projects that span months and a "2 week notice" would be highly irresponsible. She might need to give a 2-3 MONTH notice and complete her current project before she can quit her job and fly down.

--Take some time to look over that wiki. First comes the petition. That takes 4-8 months, sometimes longer. Secondly comes the NVC where she applies for a visa and you submit the Affidavit of Support. Then finally comes the medical at an approved panel physician and the interview in Montreal where the evidence is reviewed and the visa is appproved, denied, or they ask for more info. She has 6 months from the medical (which cannot be booked until the interview date is given) to immigrate. She has a green card upon entry and can travel outside the USA, work, or collect EI upon entry.

8) How long is this process going to take from mailing the application to her being eligible to fly down here? I will be mailing to the Arizona Lockbox facility.

--Anywhere from 8-18 months. It depends how fast the service centers and NVC are, and how well you can do paperwork.

Here are the items I have already gathered/completed:

a) I-130

b) G-325As with original signatures and passport pics dated 2 weeks ago

c) G-1145

d) Proof of our vists to each other and Skype logs

e) 2 affidavits (one from her friend and one from mine)

f) UNCERTIFIED copies of passports, citizenship certificate, birth certificates, marriage certificate, divorce paper

--no one's birth certificate is needed since you are not a natural born USC. Her passport copy is NOT needed either. Add photos maybe?

Thanks again for your help folks!

[BBCC 16]

1) On these documents and in the website, does the word "petitioner" refer to me (the U.S. citizen) or my wife? I am pretty sure it is me but want to be certain.

Yes, you are the petitioner. Spouse is the beneficiary.

2) Do copies of birth certificates, marriage certificate, passport, and divorce papers HAVE to be certified? I do not own an original of my birth certificate, I only have a greyscale English copy (front only) that I have used for college, work, Army, etc. all my life. Also, the original marriage certificate is currently in Canada with the wife. So if I can get away with just using high quality copies it would be very convenient.

Read through the instructions on the guide for details on this. For some submissions, copies are OK. For others, you will need originals.

3) Is my citizenship certificate acceptable for "proof of naturalization"?

Yes

4) Should I throw a copy of our driver's licenses and/or my military ID into the packet?

Yes, you can. Citizenship is a primary documentary evidence they are looking for from the petitioner, to establish your right to petition.

5) We do not have much "evidence of a bonifide marriage". We do not jointly own anything, have not co mingled resources, and have no children at all. Will an affidavit from one of her friends and one of mine be enough? We have also gathered photos, flight itineraries, hotel reservations from our trips to each other's countries as well as a log of our Skype conversations. Can these items be submitted as evidence?

This is a very important part of your I-130 petition and CR-1 visa application. You need to document evidence of a bonafide marriage in the manner they are looking for.

the main keys to this are:

co-mingled domicile (JOINT rental lease/agreement, JOINT mortgage)

co-mingled financials (JOINT bank accounts). Open a checking account together. You can even open a US account together if you apply for a TAX ID number her via irs.gov

The rest helps, documentary evidence of time spent together (photos,emails Skykpe and other electronic communication logs, etc) evidence of travel (itineraries, resevations, etc)

but nothing works as well as evidence of co-mingling of residence and finances. It demonstrates a significant level of mutual trust that comes with a bona fide commitment. Every situation is unique, of course, so if any of this lacking, look further in the guide for the additional evidence you can use to compensate.

6) She plans on visiting here in a few weeks. We are even going to have a 2nd wedding reception for the benefit of my friends and family that could not make it to the Canadian reception. Is it safe for me to go ahead and submit the application within a week? She is only visiting for two weeks and will be gone by mid August =(.

Thanks again for your help folks!

Always safe to submit the petition. The earlier you submit a COMPLETE packet, the better just to get things going.

We applied from Canada in a September and completed it all in early February, which included a one month delay due to an RFE, request for additional documentation. That's probably the fastest you can hope to complete the process, assuming you submit a COMPLETE packet.

Read through the guides and feel free to post any questions beyond what is described in the guide for help.

Lots of help available here.

Edited July 17, 2014 by BBCC

[CanadianMom 45]

Hello all and thanks in advance for your help. I intend to apply for a visa for my Canadian wife soon and have a few questions. Some of them might sound like no-brainers but I like to be cautious when doing important things. Plus it might help someone else out =). I am following instructions at this website: Step-by-Step Guide on How to File for a IR-1 / CR-1 Visa for a Foreign Spouse. I apologize for the long read.

I married my Canadian wife in late 2013. The ceremony was in Canada and marriage license was issued by Canada. We intend to live in the United States. She is currently living and works full time in Canada and I live and work full time in the United States. I am also a full time student and have been in the Army Reserves for 10 years. I was born abroad and my parents immigrated here. They got their citizenship before I turned 18 and I was naturalized and obtained my citizenship certificate through them. I want to get wifey here ASAP but also want to do it in the safest and most legal way possible. On to my questions:

1) On these documents and in the website, does the word "petitioner" refer to me (the U.S. citizen) or my wife? I am pretty sure it is me but want to be certain.

2) Do copies of birth certificates, marriage certificate, passport, and divorce papers HAVE to be certified? I do not own an original of my birth certificate, I only have a greyscale English copy (front only) that I have used for college, work, Army, etc. all my life. Also, the original marriage certificate is currently in Canada with the wife. So if I can get away with just using high quality copies it would be very convenient.

3) Is my citizenship certificate acceptable for "proof of naturalization"?

4) Should I throw a copy of our driver's licenses and/or my military ID into the packet?

5) We do not have much "evidence of a bonifide marriage". We do not jointly own anything, have not co mingled resources, and have no children at all. Will an affidavit from one of her friends and one of mine be enough? We have also gathered photos, flight itineraries, hotel reservations from our trips to each other's countries as well as a log of our Skype conversations. Can these items be submitted as evidence?

6) She plans on visiting here in a few weeks. We are even going to have a 2nd wedding reception for the benefit of my friends and family that could not make it to the Canadian reception. Is it safe for me to go ahead and submit the application within a week? She is only visiting for two weeks and will be gone by mid August =(.

7) Once the application is approved, is wifey required to drop everything and fly to the U.S. immediately? At her job, she gets involved with projects that span months and a "2 week notice" would be highly irresponsible. She might need to give a 2-3 MONTH notice and complete her current project before she can quit her job and fly down.

8) How long is this process going to take from mailing the application to her being eligible to fly down here? I will be mailing to the Arizona Lockbox facility.

Here are the items I have already gathered/completed:

a) I-130

b) G-325As with original signatures and passport pics dated 2 weeks ago

c) G-1145

d) Proof of our vists to each other and Skype logs

e) 2 affidavits (one from her friend and one from mine)

f) UNCERTIFIED copies of passports, citizenship certificate, birth certificates, marriage certificate, divorce paper

Thanks again for your help folks!

1-you are the petitioner, canadian wide is the beneficiary.

2- at this stage all we sent was copies I think, but the NVC/interview stage I believe requires originals, so you have sometime to get that squared away. The guide that goes with the I-130 form should have specific instructions on what's needed now.

3- yes

4- Not needed

5- when she comes in August add her to your bank account, it's just a quick visit to the bank. Pictures showing you at different times, showing you visiting each other's friends and family, proof of visits with each other, wedding pictures etc. are all good things to show a Bona fide relationship. Affadavits are generally seen as "weaker" evidence.

6- she should be fine to visit if you send in the application. Just have he bring some evidence of ties to Canada when she crosses the border (lease, letter from work saying when she's expected back)

7- She has 6 months from the medical date to move down.

8- Count on about a year. It took 6 months for our I-130 to be approved, and NVC is back logged right now.

[Ryan H 3,922]

Your questions have been answered correctly, however, there are two things that were not pointed out but need to be, in your first sentence you said, "I intend to apply for a visa for my Canadian wife soon," you will not be applying for a visa, your wife will, what you are doing is filing a petition. The second thing is the I-130 form that you will ultimately file is a petition form, not an application form (i.e. you're sending a petition, not an application).

[Merica! 0]

Thank you all for giving me such great answers. Luckily my lease was expiring at the end of this month so I took the opportunity to sign a new lease jointly with the wife. I am now finalizing this packet and have some final questions. They may seem nit-picky but I have a feeling that it pays to be nit-picky during this process:

1) My new lease starts on the 26th (this Saturday) so I have updated the I-130 and G-325A with my new address and will sign and date it on the 26th. I will then overnight it and it should arrive at my Arizona Lockbox on the 28th (Monday). The wife's passport picture is dated for June 30 and will hit 30 days on July 29 or 30 (depending on how they want to count it). Is that cutting it too close or should it be fine?

2) On Block 17 of I-130 where it says, "List spouse and all children of your relative", do I have to list myself again?

3) I have two affidavits I am planning on including, one from my friend and one from her's. Her friend's affidavit that she mailed to me does not include the friend's address or date of birth. Besides that has all the required information and is adequately executed. Should I include the incomplete affidavit anyways or will that trigger an RFE? If I do NOT include it, should I just discard the other affidavit as well since the I-130 instructions call for TWO affidavits?

Thanks again ladies and gents. Looking forward to your responses.

[NikLR 13,234]

1) that's fine. She really didn't need to get the dated stamps on the back. I suggest when you get the pictures for the visa that she gets them in the US standard (50mmx50mm) and that they are not stamped.

2) yep. Lol

3) there really isn't an affidavit format,they're not required, and they're very low on the evidence scale so you can still include them or not. Up to you?