Canadian Moving to the US - US spouse

[Lisa Jennifer 0]

I haven't been able to find a reasonably straight forward answer to my question so I'm posting my question with the hope that someone may be able to help. My husband is a US citizen who moved to Canada once he received permanent resident status in 2012. We got married in Canada in 2011. We would like to move back to his hometown in the US, where most of his extended family lives, but I can't seem to find out whether we can both move to the US together or not. Whether there's a way to go visit his family and while there proceed with the immigration process????  Any help or advice would be greatly appreciated - we would just like to know what our options might be before going to see an immigration lawyer.

[p-ana 933]

It's considered fraud to enter the USA with a visa waiver/ tourist visa and intention to stay and adjust status. You'd have to apply for a cr1/ir1 visa and it's about a year of waiting from sending petition to getting a visa and being able to move. Go to the guides section here and read more about the visa, what to do, forms, etc

 

good luck

[bantam88 1]

Maybe consider consular processing https://www.uscis.gov/green-card/green-card-processes-and-procedures/consular-processing ?  When it is far enough along, he can then begin the process of re-establishing domicile in the US to prepare the way for you to join him.

[AstroCanada 206]

15 hours ago, bantam88 said:

Maybe consider consular processing https://www.uscis.gov/green-card/green-card-processes-and-procedures/consular-processing ?  When it is far enough along, he can then begin the process of re-establishing domicile in the US to prepare the way for you to join him.

Just to be clear, this is the normal path for married spouses to immigrate.  Don't confuse with with Direct Consular Processing which is not offered in Canada and is substantially faster.

[Transborderwife 4,666]

15 hours ago, bantam88 said:

Maybe consider consular processing https://www.uscis.gov/green-card/green-card-processes-and-procedures/consular-processing ?  When it is far enough along, he can then begin the process of re-establishing domicile in the US to prepare the way for you to join him.

As already stated DCF isn't permitted in Canada 

[dburnt 59]

On 1/11/2017 at 10:41 PM, Lisa Jennifer said:

I haven't been able to find a reasonably straight forward answer to my question so I'm posting my question with the hope that someone may be able to help. My husband is a US citizen who moved to Canada once he received permanent resident status in 2012. We got married in Canada in 2011. We would like to move back to his hometown in the US, where most of his extended family lives, but I can't seem to find out whether we can both move to the US together or not. Whether there's a way to go visit his family and while there proceed with the immigration process????  Any help or advice would be greatly appreciated - we would just like to know what our options might be before going to see an immigration lawyer.

My comment is in your choice of words...a "US citizen" is not the same a "permanent resident status"...did he receive citizenship or permanent residence (i.e. a 10 year Green Card).  If the latter, he may be seen as having abandoned his permanent residence in the US.

[Transborderwife 4,666]

3 minutes ago, dburnt said:

My comment is in your choice of words...a "US citizen" is not the same a "permanent resident status"...did he receive citizenship or permanent residence (i.e. a 10 year Green Card).  If the latter, he may be seen as having abandoned his permanent residence in the US.

I think that she's saying he received permanent residency in Canada 

[NikLR 13,220]

Please follow our IR1/CR1 guide.  No you cannot just move down and start immigration.  Unlike Canada, this is not allowed and the CBP will turn you away.  Lying to them about your intentions is illegal. The whole process takes about 1 year. 

 

However you should be able to spend most of your time together in Canada. At some point in time your husband will need to reestablish his domicile the USA as Montreal is quite strict about that one subject.  

[dburnt 59]

28 minutes ago, Transborderwife said:

I think that she's saying he received permanent residency in Canada 

Ah, that makes more sense...more used to the other way.  

[dburnt 59]

20 minutes ago, NikLR said:

Please follow our IR1/CR1 guide.  No you cannot just move down and start immigration.  Unlike Canada, this is not allowed and the CBP will turn you away.  Lying to them about your intentions is illegal. The whole process takes about 1 year. 

 

However you should be able to spend most of your time together in Canada. At some point in time your husband will need to reestablish his domicile the USA as Montreal is quite strict about that one subject.  

Note, it isn't allowed in Canada either, and they don't have a K1 equivalent process. 

[Transborderwife 4,666]

3 minutes ago, dburnt said:

Note, it isn't allowed in Canada either, and they don't have a K1 equivalent process. 

Wrong, dual intent is permitted: http://www.cic.gc.ca/english/resources/tools/temp/visa/dual.asp

[dburnt 59]

1 hour ago, Transborderwife said:

Wrong, dual intent is permitted: http://www.cic.gc.ca/english/resources/tools/temp/visa/dual.asp

Technically not quite the same thing...it still only allows temporary stays in Canada while in the process of applying for permanent residence (i.e. there are two separate applications - one for PR and one for the temporary stay).  That is similar to someone visiting the US while in the process of a K1 or IR/CR.

 

What I was referencing is still true...you can't visit, marry and just stay indefinitely waiting for PR status (wait times at one point were >2 years...we looked into whether it would make more sense for hubby to move to Canada, and the process was longer at that time)...whatever your duration was on arrival (i.e. whether a visa or visit) continues to apply...just as in the US (I could visit the US during my K1 process, but the BCP had every right to deny that visit if they felt I wouldn't leave when I was supposed to, and I had to leave based on the B1).

Edited January 13, 2017 by dburnt

[nightingalejules 678]

Don't bother getting a lawyer... you can totally do this yourself.

 

File the I-130 to get IR1/CR1 visa, and plan for both of you to stay in Canada until your visa is approved. You will need a "joint sponsor" if your husband isn't living and working in the US, but other than that, it's actually fairly easy to prove that he's working to re-establish residency. Worst case scenario he goes ahead of you by a couple of months, gets a job and a place to live etc. Make sure he's up to date on his taxes in the US!

 

It sucks that you can't wait out the process in the US, but fortunately he's got residency in Canada, so you can at least be together!

 

Seriously, though, don't waste your money on a lawyer. There are a lot of forms, but they're not really that hard to figure out, and this process is expensive enough without paying a lawyer!

[NikLR 13,220]

On 1/13/2017 at 8:16 AM, dburnt said:

Technically not quite the same thing...it still only allows temporary stays in Canada while in the process of applying for permanent residence (i.e. there are two separate applications - one for PR and one for the temporary stay).  That is similar to someone visiting the US while in the process of a K1 or IR/CR.

 

What I was referencing is still true...you can't visit, marry and just stay indefinitely waiting for PR status (wait times at one point were >2 years...we looked into whether it would make more sense for hubby to move to Canada, and the process was longer at that time)...whatever your duration was on arrival (i.e. whether a visa or visit) continues to apply...just as in the US (I could visit the US during my K1 process, but the BCP had every right to deny that visit if they felt I wouldn't leave when I was supposed to, and I had to leave based on the B1).

I know several people personally in Canada who have done exactly that.  They just kept renewing their work visas while their inland spousal process was processing.  

Edited February 18, 2017 by NikLR

[dburnt 59]

14 hours ago, NikLR said:

I know several people personally in Canada who have done exactly that.  They just kept renewing their work visas while their inland spousal process was processing.  

Work visas are again different from a "visitor" visa, or from "just staying".  My point was that you must always have status, and just as with any application, your friends could also have been denied (less likely for work visa than a spontaneous visit).  Canada is no different than the USA...you can't just show up and stay indefinitely without status...you can be denied status at any time if they feel the need.  The difference might be the degree of enforcement.  But just as with the US, if you are doing a permanent application and you have been violating the immigration laws, there is a good risk that you will be denied and barred.