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Immigrating from Canads

By Tunapiano in IR-1 / CR-1 Spouse Visa Process & Procedures

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Tunapiano Apprentice

Tunapiano   9

Posted
Filed: K-1 Visa Country:
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2 minutes ago, Lemonslice said:

Canadians do NOT enter under the VWP and are allowed to visit the USA up to.  

 

You can marry your wife and she can visit while waiting for the CR1 - I visited multiple times, from a couple of days to a month, during our process. Canadians are usually allowed to visit (not work or live, visit!) for up to 6 months at a time.  It currently takes 10 to 12 months for Canadians to receive their visa. 

So how long would you suggest she go back to Canada if she stayed 6 months?

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Lemonslice
Lemonslice

Canadians do NOT enter under the VWP.     You can marry your wife and she can visit while waiting for the CR1 - I visited multiple times, from a couple of days to a month, during our process

Lemonslice
Lemonslice

No.  You cannot plan to circumvent the rules.  She can come and study, but she has to intend to leave and not adjust her status to become a permanent resident.  Misrepresenting yourself or your intent

geowrian
geowrian

Whoops, you're right. It's not VWP (but it's darn close to the same thing :P)

geowrian Grand Master

geowrian   22,336

Posted
Filed: Lift. Cond. (pnd) Country: Philippines
 Timeline
Posted
1 minute ago, Lemonslice said:

Canadians do NOT enter under the VWP and are allowed to visit the USA up to.  

 

You can marry your wife and she can visit while waiting for the CR1 - I visited multiple times, from a couple of days to a month, during our process. Canadians are usually allowed to visit (not work or live, visit!) for up to 6 months at a time.  It currently takes 10 to 12 months for Canadians to receive their visa. 

Whoops, you're right. It's not VWP (but it's darn close to the same thing :P)

Timelines:

ROC:

Spoiler

7/27/20: Sent forms to Dallas lockbox, 7/30/20: Received by USCIS, 8/10 NOA1 electronic notification received, 8/1/ NOA1 hard copy received

AOS:

Spoiler

AOS (I-485 + I-131 + I-765):

9/25/17: sent forms to Chicago, 9/27/17: received by USCIS, 10/4/17: NOA1 electronic notification received, 10/10/17: NOA1 hard copy received. Social Security card being issued in married name (3rd attempt!)

10/14/17: Biometrics appointment notice received, 10/25/17: Biometrics

1/2/18: EAD + AP approved (no website update), 1/5/18: EAD + AP mailed, 1/8/18: EAD + AP approval notice hardcopies received, 1/10/18: EAD + AP received

9/5/18: Interview scheduled notice, 10/17/18: Interview

10/24/18: Green card produced notice, 10/25/18: Formal approval, 10/31/18: Green card received

K-1:

Spoiler

I-129F

12/1/16: sent, 12/14/16: NOA1 hard copy received, 3/10/17: RFE (IMB verification), 3/22/17: RFE response received

3/24/17: Approved! , 3/30/17: NOA2 hard copy received

 

NVC

4/6/2017: Received, 4/12/2017: Sent to Riyadh embassy, 4/16/2017: Case received at Riyadh embassy, 4/21/2017: Request case transfer to Manila, approved 4/24/2017

 

K-1

5/1/2017: Case received by Manila (1 week embassy transfer??? Lucky~)

7/13/2017: Interview: APPROVED!!!

7/19/2017: Visa in hand

8/15/2017: POE

 

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Lemonslice Experienced

Lemonslice   4,564

Posted
Filed: Lift. Cond. (apr) Country: Canada
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Posted
2 minutes ago, Tunapiano said:

So how long would you suggest she go back to Canada if she stayed 6 months?

How long can she support herself in the US without working?  It is recommended to be longer in Canada than in the USA - also, if she is absent of her province of residence for too long, she will lose her provincial benefits (health, etc.).  

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Boiler Grand Master

Boiler   43,546

Posted
Filed: K-1 Visa Country: Wales
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Posted

How much vacation does she get?

“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

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Tunapiano Apprentice

Tunapiano   9

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Filed: K-1 Visa Country:
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I can support her just fine so she can wait to work if it has to be that way. I Just don't like that she'd have to go back to Canada after 6 months and stay there for however long until she can come back.

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Boiler Grand Master

Boiler   43,546

Posted
Filed: K-1 Visa Country: Wales
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Posted

What are her ties to Canada?

“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

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Boiler Grand Master

Boiler   43,546

Posted
Filed: K-1 Visa Country: Wales
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Posted

Sounds like a problem.

“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

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Boiler Grand Master

Boiler   43,546

Posted
Filed: K-1 Visa Country: Wales
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Posted

She is looking to enter the US as a visitor, as an immigrant you have no ties, visitors have thing to go back to, job, property a life etc.

 

Does the child not need to go to school.

“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

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geowrian Grand Master

geowrian   22,336

Posted
Filed: Lift. Cond. (pnd) Country: Philippines
 Timeline
Posted
12 minutes ago, Tunapiano said:

How so?

CBP needs to have a reason to believe she is compelled to return home. Having no ties to Canada is very bad for that. Having ties to the US (i.e. a spouse) is also very bad for that. Without a compelling reason to return home, CBP is likely to believe she may stay in the US, and therefore turn her away.

Timelines:

ROC:

Spoiler

7/27/20: Sent forms to Dallas lockbox, 7/30/20: Received by USCIS, 8/10 NOA1 electronic notification received, 8/1/ NOA1 hard copy received

AOS:

Spoiler

AOS (I-485 + I-131 + I-765):

9/25/17: sent forms to Chicago, 9/27/17: received by USCIS, 10/4/17: NOA1 electronic notification received, 10/10/17: NOA1 hard copy received. Social Security card being issued in married name (3rd attempt!)

10/14/17: Biometrics appointment notice received, 10/25/17: Biometrics

1/2/18: EAD + AP approved (no website update), 1/5/18: EAD + AP mailed, 1/8/18: EAD + AP approval notice hardcopies received, 1/10/18: EAD + AP received

9/5/18: Interview scheduled notice, 10/17/18: Interview

10/24/18: Green card produced notice, 10/25/18: Formal approval, 10/31/18: Green card received

K-1:

Spoiler

I-129F

12/1/16: sent, 12/14/16: NOA1 hard copy received, 3/10/17: RFE (IMB verification), 3/22/17: RFE response received

3/24/17: Approved! , 3/30/17: NOA2 hard copy received

 

NVC

4/6/2017: Received, 4/12/2017: Sent to Riyadh embassy, 4/16/2017: Case received at Riyadh embassy, 4/21/2017: Request case transfer to Manila, approved 4/24/2017

 

K-1

5/1/2017: Case received by Manila (1 week embassy transfer??? Lucky~)

7/13/2017: Interview: APPROVED!!!

7/19/2017: Visa in hand

8/15/2017: POE

 

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canadian_wife Grand Master

canadian_wife   1,791

Posted
Filed: Citizen (apr) Country: Canada
 Timeline
Posted
1 hour ago, Tunapiano said:

Once she and her son come here she wouldn't have any ties back home. 

I assume she has the permission of the child's father?

 

Why does the child not need to attend school?  How old is the child?

 

Good luck 

USCIS
August 12, 2008 - petition sent
August 16, 2008 - NOA-1
February 10, 2009 - NOA-2
178 DAYS FROM NOA-1

NVC
February 13, 2009 - NVC case number assigned
March 12, 2009 - Case Complete
25 DAY TRIP THROUGH NVC

Medical
May 4, 2009

Interview
May, 26, 2009

POE - June 20, 2009 Toronto - Atlanta, GA

Removal of Conditions
Filed - April 14, 2011
Biometrics - June 2, 2011 (early)
Approval - November 9, 2011
209 DAY TRIP TO REMOVE CONDITIONS

Citizenship

April 29, 2013 - NOA1 for petition received

September 10, 2013 Interview - decision could not be made.

April 15, 2014 APPROVED. Wait for oath ceremony

Waited...

September 29, 2015 - sent letter to senator.

October 16, 2015 - US Citizen

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SAJourney Contributor

SAJourney   16

Posted
Filed: IR-1/CR-1 Visa Country: South Africa
 Timeline
Posted

If she doesn't need to work and has limited ties to Canada, why not do a K1 visa instead and get married here.  I believe K1's are processed much faster and she can stay with you after you're married. 

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NovaSprings Enthusiast

NovaSprings   89

Posted
Filed: Citizen (pnd) Country: Canada
 Timeline
Posted

Ours took 11 months to complete, we had no RFE (request for evidence).  Make sure your application is complete when you send it in as RFE's cause delays.  I visited the US 4 times during the process, stayed 1 to 3 weeks, no issues  Just make sure you spouse is honest with the CBP officer as has evidence of ties back to Canada (apt lease, utility bills, return ticket, employment contract, etc)

 

Good luck on your journey! 

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Tunapiano Apprentice

Tunapiano   9

Posted
Filed: K-1 Visa Country:
Timeline
  • Author
Posted (edited)
2 hours ago, NovaSprings said:

Ours took 11 months to complete, we had no RFE (request for evidence).  Make sure your application is complete when you send it in as RFE's cause delays.  I visited the US 4 times during the process, stayed 1 to 3 weeks, no issues  Just make sure you spouse is honest with the CBP officer as has evidence of ties back to Canada (apt lease, utility bills, return ticket, employment contract, etc)

 

Good luck on your journey! 

What if we marry in Canada and then she enters on a student visa, could we then apply for a CR1? 

 

Edit: she wouldn't need a student visa to come here and go to school. Special agreement we have with Canada but still would this scenario work?

Edited by Tunapiano
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