CR-1/IR-1 vs AOS for Canada/US

[Alcyone 0]

hi! 

 

I'm new here and have already found a great deal of excellent information. I've tried searching for answers to my particular question but haven't found something that gave me clarity.

 

My situation is as follows....I'm a US Citizen and Canadian PR (Green Card equivalent) and live in Canada with my Canadian Wife. I just received a job offer in the Southeast and I plan to take the job offer, file the i-130, and then i'd like to bring her over when it is legally possible. 

 

It appears I can go one route where she remains in Canada, I establish US domicile, and we file the I-130. All the while she remains in Canada and I am thinking she should be able to visit me provided she shows an intent to return to canada and has ties to canada (housing lease/mortgage, job, etc). Is it safe to assume this? Everything I read from the long sticky thread on "can foreign spouse visit during i-130" suggests that yes they can provided there is clear evidence they're not planning to overstay or not return.

 

Obviously I can travel to Canada without issue but my job might limit my ability to take time off, hence the question of her coming to see me.

 

Now is there any other option where she could be with me in the USA while our paperwork is already started and in process? In essence she would be there on a standard up to 6 month stay as a tourist. I don't want to do anything illegal or endanger or future prospects of being able to settle in the USA. In addition, my wife is a trusted traveler (nexus) and again, we want to not endanger that privilege in any way. I've read the following which suggests that there is no other way than filing the i-130.

 

 "If you are already married, and your spouse came to the US on a tourist visa with the intent of immigration and marriage, then he/she should return to his/her home abroad, and the I-130 (or along with an I-129f for a K-3 Visa) should be filed with the relative outside of the U.S. to avoid denial, deportation, or even being banned from re-entry to the US.

The above conditions are serious and can result in the separation of families for many years if not taken seriously."

 

EDIT: Just wanted to add, is the K-3 an option? Can one start off the process in the CR-1/IR-1 fashion and then switch to the K-3?

Any thoughts or suggestions on what our options are?

Edited June 22, 2017 by Alcyone
added question on K-3

[jle2234 68]

My husband and I had a similar situation to yours. I am a Canadian citizen, he is a U.S. citizen. When we married, he immigrated and became a permanent resident of Canada, where we lived for several years. He was then offered a job in the U.S. and we decided to make the move.

 

We applied for the IR-1 and then applied for a K-3 with the hopes that I could reside in the U.S. until I received my immigrant visa. For us, this K-3 application turned out to be a waste of time -- the IR-1 petition was approved before the K-3, so the K-3 application was closed.

 

Anyways, we applied for the IR-1 while still in Canada, and I then entered the U.S. on a tourist visa five times during my immigration process (after the IR-1 petition had been filed). I never had issues at POE, but was once asked to provide verbal confirmation that I had obligations requiring me to return to Canada. Per the requirements, I disclosed my last five border crossings on the I-260 and it was accepted by the NVC. Just waiting on an interview date now. I will update you if any issues arise regarding my time spent in the U.S.

Edited June 22, 2017 by jle2234

[JFH 12,190]

There is no DCF in Canada so that option is closed.

 

The only option is the CR-1/IR-1 visa. K-3 is very unlikely to happen. The K-3 was introduced some years ago when it was taking several years for CR-1/IR-1 visas to be processed but not that the time has reduced they are very rarely granted. 

 

The sooner you start, the sooner you will be finished. You can start the I-130 now. You don't need to demonstrate intent to re-establish domicile until the NVC stage which is several months into the process. 

[Alcyone 0]

 

Thank you for all the answers and suggestions!

 

Jle2234, your experience was very insightful and also encouraging to know that you were able to travel in largely event free fashion with the CBP.

 

That's too bad about the k3 as I had hoped it would be a quick way to minimize our time separated.

 

On that note, did you tell the cbp officers about your open i-130 and immigration case before they asked the purpose of your visit or only if pressed? Sorry if that's tmi, I'm just trying to avoid any issues at all all with those folks.

 

Unrelated, I guess what was confusing for me is that the AOS path suggests a foreign spouse already in the US could file. However I'm wondering who this could actually apply to? It doesn't seem like there's any way my wife could be with me in the USA throughout the process. Canadians aren't issued visas so they enter legally all the time. However it appears based on this feedback here that any canadian spouses cannot file or start the immigration process while in the states.

 

 

Edited June 23, 2017 by Alcyone

[jle2234 68]

2 hours ago, Alcyone said:

 

Thank you for all the answers and suggestions!

 

Jle2234, your experience was very insightful and also encouraging to know that you were able to travel in largely event free fashion with the CBP.

 

That's too bad about the k3 as I had hoped it would be a quick way to minimize our time separated.

 

On that note, did you tell the cbp officers about your open i-130 and immigration case before they asked the purpose of your visit or only if pressed? Sorry if that's tmi, I'm just trying to avoid any issues at all all with those folks.

 

Unrelated, I guess what was confusing for me is that the AOS path suggests a foreign spouse already in the US could file. However I'm wondering who this could actually apply to? It doesn't seem like there's any way my wife could be with me in the USA throughout the process. Canadians aren't issued visas so they enter legally all the time. However it appears based on this feedback here that any canadian spouses cannot file or start the immigration process while in the states.

 

 

In entering the U.S. during the immigration process, my immigration status often came up naturally without being pressed. Typically, the conversation with the border officer would start with them asking where I was going and for what purpose. When I told them that I was going to visit my husband, they would usually respond by asking why we lived separately. At that point, I would tell them my immigration status. One border guard asked a few questions about it (which visa I applied for, how it was going, etc.), but he really seemed like he was just being friendly more than pressing me on it.

[pushbrk 12,969]

There is a pinned topic in this forum about visiting.  My general advice is not to mention visiting a husband but rather to give a more generic truthful answer as to the purpose of your visit.  If you're going to mention visiting a husband, be sure you have a copy of the receipt notice for the I-130 petition filed on your behalf.

[life-journey 7]

I'm a US citizen and my husband is a Canadian citizen and my husband visits every 2-3 months with no problem. Gather all documents needed to file I-130 now so when you move back to US it will not take too long for you to send the petition. Once they receive it she can easily cross the border with no problem as long as she provides strong ties to Canada i.e. letter from her employer, mortgage, bills.