What are my options for moving to U.S. this summer?

[billybob123 0]

Hi, I am new to this website and would appreciate your feedback.

I am a Canadian citizen married to a U.S. citizen. We have a bunch of U.S, citizen children and one more on the way. We've been living in Israel almost 8 years, and in Canada before that. We just decided to move this July to Dearborn, Michigan where my wife is from. Problem is, we made this decision just now, and from what I've been reading online it takes a minimum of 5-6 months and possibly longer to get the I-130 petition approved, which means we won't get the approval before our planned move (we haven't filed anything yet). I also read that I cannot enter the U.S. with intent to remain there before the petition is approved,and that if I do I could be accused of committing visa fraud and banned from the U.S. So, I would appreciate any advice as to what my options are. For now, postponing our move is not an option, or maybe it is an option but only as a last-resort. What can we do?

Should we:

1. Not filing anything now, I enter the U.S. as a Canadian visitor under the VWP, and we file everything once we're already there?

2. File the I-130 now, and then try to find a job in the U.S. and get a work visa to enter the U.S. legally this summer?

3. File I-130, family moves to U.S., I go back to Canada until we get the petition approved?

4. Try to get permission to file DCF via Athens which has jurisdiction over Israel (supposedly less than 1 month turnaround) on the grounds that wife is pregnant and may not be able to fly in 5-6 months from now?

5. Any other options?

Thanks for any and all feedback,

BB

[NikLR 13,234]

3 or 4.

1 is illegal. 2 is unlikely unless you qualify for a TN visa.

[Transborderwife 4,666]

3 or 4.

1 is illegal. 2 is unlikely unless you qualify for a TN visa.

I second this

[Ryan H 3,925]

Should we:

1. Not filing anything now, I enter the U.S. as a Canadian visitor under the VWP, and we file everything once we're already there?

2. File the I-130 now, and then try to find a job in the U.S. and get a work visa to enter the U.S. legally this summer?

3. File I-130, family moves to U.S., I go back to Canada until we get the petition approved?

4. Try to get permission to file DCF via Athens which has jurisdiction over Israel (supposedly less than 1 month turnaround) on the grounds that wife is pregnant and may not be able to fly in 5-6 months from now?

5. Any other options?

Thanks for any and all feedback,

BB

Answers:

1. Nonstarter, it's illegal.
2. What NLR said.
3. Yes
4. Unlikely to be granted.
5. #3 is the most viable.

[aleful 1,905]

hi

#3 and it will take about a year, so nothing this summer

[happiestoflives 17]

You can do 3 or 4. For 4, if it works, your wife could fly to the US after filing the initial paperwork, but you would have to wait in Israel until your visa is approved. Yes, it may mean you're separated for a few months, but it's faster than CR1/IR1 (depending on how long you've been married, judging by your mentioning of a number of kids, I'd say you've been married for more than 2 years, so IR1).

[billybob123 0]

Thank you for the responses. My profession does qualify for TN Visa, so maybe that's the ideal solution. But I would have to find a job. My wife's brother in the U.S. is in the same field and he has his own company. What if he offers me a job? Will that look too suspicious to the immigration officer? The last thing I want to do is to get red-flagged and jeopardize my chances of ever getting a green card. Also, what should we file first, my wife's I-130 or my TN application? I understand that to get TN visa the interviewer must be convinced that the applicant intends to leave the U.S. once the temporary job is over. So does that mean we should not file I-130 ?

[NikLR 13,234]

TN IMHO.

But as for the BIL job thing, you'd have to research TN visas and see what's required.