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Delman

Working in USA while waiting for IR-1???

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Hi guys, hope someone can give me a good advice. 

Here is our situation:

I’m an American citizen married to Canadian citizen for 5 years( 2 kids both have American citizenships). We live in Canada ( I’m a permanent resident of Canada for the last 4years). We would like to move to USA. I understand that I have to prove domicile. ( I filed taxes, have 1 credit card). 

I understand that we have to file IR-1, but I was wondering if my husband gets work visa/TN visa, is it possible to move to USA and file for IR-1 from there??? So basically can he legally work in USA and wait for ir-1 approval? 

 

Thank you 

any advice is appreciated. 

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As I understand it, if he is already legally within the US he could adjust status. If already living and working in the US under a work visa there is no need to obtain a spousal visa to enter, as entry has already taken place. IR1 is specifically for spouses who live outside of the US. 

 

Whether or not it is legal to file for a work visa with the intent to adjust later, I don't know. But I guarantee someone else will. 

Edited by Sarah G

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TN is not an immigrant visa. Entering on any nonimmigrant visa with the intent to adjust status is visa fraud.


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The IR1 spousal visa is done via consular processing. Since you reside in Canada maybe there is even DCF. Either way one he gets it all approved he will be a permanent resident as soon as he enters and eligible to work. Since you're a resident of Canada you can wait there with your husband while it all processes. 

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11 minutes ago, little immigrant said:

The IR1 spousal visa is done via consular processing. Since you reside in Canada maybe there is even DCF. Either way one he gets it all approved he will be a permanent resident as soon as he enters and eligible to work. Since you're a resident of Canada you can wait there with your husband while it all processes. 

There is only DCF in Canada through very special circumstances.  Montreal is quite strict on domicile and not everyone wants or can get a joint sponsor  or qualify on assets which would enable them to continue to stay together. 


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2 hours ago, NikLR said:

There is only DCF in Canada through very special circumstances.  Montreal is quite strict on domicile and not everyone wants or can get a joint sponsor  or qualify on assets which would enable them to continue to stay together. 

We are definitely not qualified for DCF. Do you know where I can find more information on reestablishing domicile for Montreal? And also how much assets should you have to qualify? 

 

 

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Thank you all for your answers. 

 

My my husband got a few job offers in USA, and I’m confused if he accepts job offer and gets work visa, and we all go there for his job, can we  apply for adjustment of status later down the road or not? 

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2 hours ago, NikLR said:

There is only DCF in Canada through very special circumstances.  Montreal is quite strict on domicile and not everyone wants or can get a joint sponsor  or qualify on assets which would enable them to continue to stay together. 

Do you have to proof domicile after I-130 is approved? Or at the same time?

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1 hour ago, Delman said:

We are definitely not qualified for DCF. Do you know where I can find more information on reestablishing domicile for Montreal? And also how much assets should you have to qualify? 

 

 

There's a thread in the Canada forum about it.   

 

Domicile is for interview. 

 

Very few work visas are dual intent.  So you would have to research the type of work visa.  TN is not.  You are supposed to show you intend to return back to your home country (aka Canada) to qualify. 


You have brains in your head. You have feet in your shoes. You can steer yourself any direction you choose.  - Dr. Seuss

 

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4 hours ago, Delman said:

Thank you all for your answers. 

 

My my husband got a few job offers in USA, and I’m confused if he accepts job offer and gets work visa, and we all go there for his job, can we  apply for adjustment of status later down the road or not? 

Trying to get a dual intent work visa is only complicating and prolonging this process. Do IR1, which grants work authorization upon entry into the US.

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I've been in your exact shoes @delman.  You have very few choices in this matter other than filing for IR-1.  DCF is out (Canada doesn't do it), TN is out (not dual intent), H1B is a lottery and potentially a properly long wait.  

 

Now, IR-1 is a minor challenge coming from Canada.  You (the US citizen) will need to take concrete steps to re-establish domicile in the US, which means a job offer, residence, etc.  You'll also need to be able to show enough income from that job (or through assets) to meet the affidavit of support guidelines.  Finally, this whole process will take around a year.  

 

What I did was to file the paperwork and time my job search to be a bit ahead of the NVC/interview stage.  I moved to the US 3 months ahead of my husband (which was annoying, but doable).  I sympathize with having to figure this out with 2 kids.  Hopefully a job offer/place to live is enough at time of interview.  

 

One completely random thought...if you've been a PR for 4 years, you might qualify for Canadian citizenship shortly or already (I know they changed the calculation recently to 5 years).  Given that Canada doesn't tax worldwide income, and you'll have to give up Canadian PR status when you move, maybe it's worth getting citizenship before you move.  Then you never have to worry about doing Canadian immigration again if you move back.


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16 hours ago, Delman said:

My my husband got a few job offers in USA, and I’m confused if he accepts job offer and gets work visa, and we all go there for his job, can we  apply for adjustment of status later down the road or not? 

Entering the US via a non-immigrant path with the intent to stay and adjust status later is visa fraud.


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On 1/28/2019 at 11:26 PM, AstroCanada said:

I've been in your exact shoes @delman.  You have very few choices in this matter other than filing for IR-1.  DCF is out (Canada doesn't do it), TN is out (not dual intent), H1B is a lottery and potentially a properly long wait.  

 

Now, IR-1 is a minor challenge coming from Canada.  You (the US citizen) will need to take concrete steps to re-establish domicile in the US, which means a job offer, residence, etc.  You'll also need to be able to show enough income from that job (or through assets) to meet the affidavit of support guidelines.  Finally, this whole process will take around a year.  

 

What I did was to file the paperwork and time my job search to be a bit ahead of the NVC/interview stage.  I moved to the US 3 months ahead of my husband (which was annoying, but doable).  I sympathize with having to figure this out with 2 kids.  Hopefully a job offer/place to live is enough at time of interview.  

 

One completely random thought...if you've been a PR for 4 years, you might qualify for Canadian citizenship shortly or already (I know they changed the calculation recently to 5 years).  Given that Canada doesn't tax worldwide income, and you'll have to give up Canadian PR status when you move, maybe it's worth getting citizenship before you move.  Then you never have to worry about doing Canadian immigration again if you move back.

 

On 1/28/2019 at 11:26 PM, AstroCanada said:

I've been in your exact shoes @delman.  You have very few choices in this matter other than filing for IR-1.  DCF is out (Canada doesn't do it), TN is out (not dual intent), H1B is a lottery and potentially a properly long wait.  

 

Now, IR-1 is a minor challenge coming from Canada.  You (the US citizen) will need to take concrete steps to re-establish domicile in the US, which means a job offer, residence, etc.  You'll also need to be able to show enough income from that job (or through assets) to meet the affidavit of support guidelines.  Finally, this whole process will take around a year.  

 

What I did was to file the paperwork and time my job search to be a bit ahead of the NVC/interview stage.  I moved to the US 3 months ahead of my husband (which was annoying, but doable).  I sympathize with having to figure this out with 2 kids.  Hopefully a job offer/place to live is enough at time of interview.  

 

One completely random thought...if you've been a PR for 4 years, you might qualify for Canadian citizenship shortly or already (I know they changed the calculation recently to 5 years).  Given that Canada doesn't tax worldwide income, and you'll have to give up Canadian PR status when you move, maybe it's worth getting citizenship before you move.  Then you never have to worry about doing Canadian immigration again if you move back.

Thank you for your reply, we decided to apply for IR-1 and will try to reestablish domicile. I’m a home stay mom now, we have enough cash for affidavit of support( but it’s in my husband’s account) do you think we can use his account for affidavit? Or should cash be in my account? 

 

Also so it’s a great suggestion for me to get Canadian citizenship, I’m qualified now, I might as well do it just in case later down the road we decide to move back. 

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