Canada --> USA (while travelling/working abroad)

[theworldawaits 0]

Hey everyone,

 

I have a slightly complicated scenario, and I'd love to get your input about the best possible approach.

 

The Basics

- My wife is an American citizen, and I'm Canadian

- We've been married for three years

- We currently live in Canada but want to move to the United States

 

The Complicated Part

- We want to travel abroad for one year before 'settling down' in the USA

- Before travelling abroad, we'd like to spend 4-6 months in the USA

- We have an online business (registered in Canada) we'd like to continue working on during these times

 

The rough plan is to head down to California in January and spend 4-6 months there. After that, we would like to travel abroad for one year before settling back in the United States. I'm hoping that somehow we can apply for a VISA during this time, so when we return I'll have a Green Card.

 

We are in the planning stage at this point, so totally open to adapting our plan to make it easier to immigrate.

 

Any thoughts on how realistic this plan is? Any possible hurdles to overcome? Any ideas on when is the best time to apply, etc? I'm assuming we'll be applying for the IR-1 visa.

 

Also—is working on an online business (that is location independent) while visiting the United States illegal? 

 

Thanks so much for taking the time to hear our story. We really appreciate it!

 

Warm regards,

Jason

 

 

Edited August 10, 2017 by theworldawaits

[Coco8 1,039]

Your wife, as the US citizen, needs to have all her US taxes up to date, she has to have a US domicile established (you can look up how to do that, but you'll have to have an address, maybe of a relative, and have bank account, etc. with that). 

 

You will also need a financial cosponsor who is either a US citizen or permanent resident. You wife won't be working in the US (your business will remain in Canada, unless you transfer it to the US) so she will have no income to be your sponsor. But you can also use assets in the US (house, savings, etc.) which for a household of 2 would be ~ 60,000 dollars. 

 

Regarding time to apply, I'd apply early. I would apply when you get to California since the application is sent by mail to a US address. Also, doing it early in California will allow you to get the receipt that USCIS got your package and everything went through OK (some people make silly mistakes like writing the wrong amount on the cheque and get their whole package back). You will also get a receipt number that allows you to track your process online. 

 

The process takes 12-14 months, but once it reaches the consulate you have leeway on the date of your appointment. So it is better that you have everything ready ahead of time and have room to decide to go back to Canada, do the medical, and have the interview. You will be traveling so you don't want to have to be checking whether your application is ready and getting stressed over that because you are ready to go back. For me, it would be better to have the application sitting in the consulate for 6 months and I can decide when to go to Canada and finish the process. 

 

Also, you need to have an address in the US (or Canada) to which USCIS can contact you. It has to be to someone you trust and who is not going to throw the envelope away. They might request more information and you need to respond from whenever in the world you are (But if you are very thorough in the way you put together the package is less likely you will get one).

 

 

 

Edited August 10, 2017 by Coco8

[theworldawaits 0]

Thank you so much for taking the time share your thoughts. We really appreciate it!

 

So if I understand correctly.. we can apply for IR-1 around January 2018 and do the medical/interview in Canada sometime around early 2019? I'm assuming the medical/interview comes after the 12-14 month application process, and can be done in Canada sometime after we get that go-ahead? We will also make sure we have a rock-solid 'permanent mailing address' where somebody trusted can monitor our mail.

 

In regards to financial situation.. my wife also has her own freelance business with US clients, and is up to date on US taxes—so there shouldn't be any issues there. We also have a good amount in savings (in a US bank), so financial co-sponsor shouldn't be necessary (I hope).

 

I'm really encouraged to hear that it might actually be possible to what we had planned.. I was beginning to think it was unlikely..

 

Thanks so much for sharing!

 

 

Edited August 10, 2017 by theworldawaits

[NikLR 13,220]

Its the long visit in the USA which may give you issues.  Also the visa isnt issued at interview and it can take a few days to a month or more to get it.  You wont have a passport during that time.  

Edited August 12, 2017 by NikLR