Overwhelmed Canadian wanting to immigrate to the US

[almost_umrican 53]

Also to note, the only place immigrant interviews take place in Canada is in Montreal.

ville de montreal , gosh i miss mtl

[NikLR 13,220]

I spoke to someone there that was doing the spouse visa interview but who knows if that changed

Perhaps a K3. They do occasionally (I've seen ONE) go through Vancouver. But immigrant interviews, only happen in Montreal. K1 are considered non-immigrant with immigrant intent.

[JayJayH 546]

Hello everyone!

I'm new to the forums, so I thought I would introduce myself. I'm Michelle - I am a Canadian citizen and my husband is an American citizen currently on a visitor visa with me in Canada.

We got married in Canada and we were going to do the Canadian Sponsorship program, but I unexpected lost my mother and truly have nothing worth 'keeping' me here in Canada anymore.

Therefore, I want to start my life in America with my husband!

I'm really overwhelmed right now because I got so used to the Canadian Sponsorship Program that I don't know where to start! I want to enter the US without any issues when we are ready to move.

From what I understand, I need to complete the I-130 and G-325A form?

Then we will receive a receipt in the mail, saying Immigration received it?

From there I can apply for a I-129F that would allow me to stay in America while it's being processed? But I'm wondering if I need this, if I am applying from Canada?

How long does the I-130/G-325A take to process/approve typically?

I will be here until the summer/fall of 2016 as I need to sort out my mother's estate and taxes before leaving the country.

In a nutshell:

1. US Citizen fills out I-130 petition and submits it to USCIS along with G-325A (one for each), evidence of bona fide marriage and any other relevant paperwork.

- In short, the I-130 petition is a piece of paper any US citizen or resident can send to USCIS asking "Can my relative apply for an immigrant visa?"

2. USCIS receives I-130 petition and puts it into a storage box while working on previously filed petitions.

3. USCIS looks at I-130 petition and either (a) approves it, (b) denies it, or © issues a request for evidence (RFE).

- An "RFE" is normally issued if anything is missing from the I-130 package. They normally give you 90 days to submit whatever it is they want.

4. Upon approval, USCIS forwards the approved I-130 petition to the National Visa Center (NVC).

5. US citizen sends the NVC a form I-864, Affidavit of Support.

- Affidavit basically says "I will cover any costs to the taxpayers if my relative uses mean tested benefits (food stamps, public housing etc.)"

6. Foreign beneficiary sends the NVC a DS-260, Immigrant Visa application.

7. NVC sends the approved I-130, along with Affidavit of Support and Immigrant Visa Application to beneficiary's local consulate or embassy (in your case Montreal).

8. NVC sends the foreign beneficiary a notice to come to an interview in Montreal.

9. Foreign beneficiary goes to interview.

10. Embassy/Consulate determines whether or not to issue the immigrant visa (in your case CR-1, or IR if married longer than 2 years).

11. With approved and issued visa, the foreign beneficiary travels to the US.

12. Upon arrival in the US, Customs and Border Protection officers at the first US port of entry admits the foreign beneficiary into the US as a lawful permanent resident (green card).

13. Receive green card in the mail.

If you arrive on a CR-1 visa, you will receive a 2 year, conditional green card. You will have to file for removal of conditions on that green card 2 years later.

If you arrive on an IR-1 visa, you will receive a 10 year, permanent green card.

The guides on here are excellent. http://www.visajourney.com/content/i130guide1

Edited January 7, 2016 by JayJayH

[NikLR 13,220]

Thanks NLR!

Yeah, I did do a lot more reading and although USCIS said I could be in America while it's processed, I'm seeing otherwise from the forums here.

So I'll file the I-130 and the G-325As to get us started, and go through the things for the next steps while we wait (like tax return documentation, etc),

Did you have to do your interview in Montreal, NLR? Did you send all the documents following your I-130 to the Chicago location, or does the US Embassy in Montreal deal with all that afterwards?

Are both of you living in Canada? If so then yes, you send the I-130, other forms and documents to the USCIS chicago lockbox.

The USCIS still tries to get people to do the K3 even though they know it's virtually obsolete. And if you were already in the USA you could adjust your status to stay, but the USA doesn't allow a spouse to come across the border with the intention to immigrate like Canada does. The CBP would turn you around.

I did have both my medical and my interview in Montreal. There are other places for a medical as well but that depends on where you want to have it and where you're currently residing in Canada. I was living in Alberta.

Also try this: http://www.visajourney.com/wiki/index.php/EZGuideSpouse

[Ms Hogan 295]

Come hang out in the Canada forum,too, with fellow Canucks who can be more clear on our specific experiences during the process!

Do you know where you'll move to in the U.S.?

Edited January 7, 2016 by Ms Hogan