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Marriage-Based Green Card Application (Canadian citizen marrying US citizen)

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On 4/2/2019 at 7:24 AM, LilyJ said:

1) No, it is not illegal. It would be illegal if you came and got married without a K1 with the intent to stay. It is not illegal to come and get married and then go back to your country. Many people do this, don’t worry.

2) Yes, you are allowed to visit, however expect questioning from border patrol and maybe bring a letter from an employer or other type of evidence to show you have intent of going back to Canada, just in case.

3) A lease and a joint bank account work for bona fides. A good idea is to also show proof of lots of time spent together. Plane tickets, passport stamps, pictures, wedding pictures, etc. You can also include some wedding receipts if you like. They understand that most people have not lived together and don’t have some of the things other couples may have especially if they have been married a short amount of time, so proof of time together is 100% acceptable, and the lease and joint account will help as well. You are also coming from a low fraud country, so don’t sweat it too much. Give what you have and what you’re able to get and you will be okay.

Hi,

I'm wondering if you could answer another question for me.

 

I see many members mentioning concurrently filing i130 and i485. I'm just wondering if that is a necessary or advised step for everyone applying with i130?

I am a Canadian citizen who married my wife in USA and left back to Canada to complete schooling. Thank you!

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Filed: IR-1/CR-1 Visa Country: Denmark
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53 minutes ago, bigbuns1291 said:

Hi,

I'm wondering if you could answer another question for me.

 

I see many members mentioning concurrently filing i130 and i485. I'm just wondering if that is a necessary or advised step for everyone applying with i130?

I am a Canadian citizen who married my wife in USA and left back to Canada to complete schooling. Thank you!

I-485 is only for adjusting status if you are in the United States already on another, non-immigrant visa so no it’s not necessary. Personally I wouldn’t recommend it as something to consider preemptively because it can be considered fraud if you enter the US on a tourist or similar visa/ESTA if you enter with intent to adjust status and grounds for denying of visa or ban from US if you are found of visa fraud. This is why the CBP could be hard on you if you visit and why it’s good to show ties proving you will go back to your country after your visit such as a work note from your boss of when you will be back to work in Canada or etc when you are entering as a tourist with a pending visa petition so the CBP can see you aren’t intending to adjust status as a tourist (and why they can turn you away from the border if they think you will adjust status). In my opinion it’s much safer to not do adjusting status and safer to just stick to visiting each other and wait out the CR1

Our CR1 Journey:

 

USCIS Stage:

  • Feb 14 2019: NOA1 (NSC)
  • July 31 2019: I129f NOA1
  • Sep 19 2019: I129f NOA2 (Denied - 50 days from NOA1)
  • Sep 19 2019: I130 NOA2 (Approved - 217 days from NOA1)

 

NVC Stage:

  • Sep 27 2019: Sent to Department of State
  • Oct 31 2019: Case number received (34 days since sent)
  • Nov 1 2019: IV & AOS fees received & paid
  • Nov 14 2019: IV & AOS submitted
  • Dec 18 2019: All docs accepted, but one additional doc requested (5 weeks from submission)
  • Dec 18 2019: Requested doc submitted
  • Feb 19 2020: Documentarily Qualified (9 weeks from 2nd submission, 14 weeks from first submission)

 

Interview Stage:

  • Mar 11 2020: Interview letter received
  • Apr 1 2020: Interview date
  • Mar 17 2020: Interview cancelled due to COVID-19
  • August 3 2020: Rescheduled letter received, new appointment August 25 2020
  • August 25 2020: Visa approved at interview! (558 days from NOA1)
  • September 10 2020: Embassy received passport in mail
  • September 15 2020: Passport with visa in hand

 

October 11 2020: Arrived in US!

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Filed: IR-1/CR-1 Visa Country: Canada
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4 hours ago, bigbuns1291 said:

Hi,

I'm wondering if you could answer another question for me.

 

I see many members mentioning concurrently filing i130 and i485. I'm just wondering if that is a necessary or advised step for everyone applying with i130?

I am a Canadian citizen who married my wife in USA and left back to Canada to complete schooling. Thank you!

Where are you doing residency after graduating medical school, the US or Canada?

 

I ask because if you are planning to do your residency in Canada, you would run into trouble as you won't be able to permanently reside in the US whilst completing a 2+ year program in Canada.

Edited by ADW & JOP
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16 hours ago, LilyJ said:

I-485 is only for adjusting status if you are in the United States already on another, non-immigrant visa so no it’s not necessary. Personally I wouldn’t recommend it as something to consider preemptively because it can be considered fraud if you enter the US on a tourist or similar visa/ESTA if you enter with intent to adjust status and grounds for denying of visa or ban from US if you are found of visa fraud. This is why the CBP could be hard on you if you visit and why it’s good to show ties proving you will go back to your country after your visit such as a work note from your boss of when you will be back to work in Canada or etc when you are entering as a tourist with a pending visa petition so the CBP can see you aren’t intending to adjust status as a tourist (and why they can turn you away from the border if they think you will adjust status). In my opinion it’s much safer to not do adjusting status and safer to just stick to visiting each other and wait out the CR1

Thank you for the detailed explanation!

If you don't mind I have a few questions about the process I'm hoping you can answer:

 

1.From my understanding, my wife has to complete the form i130, and i have to complete the form i130a

2.The forms i-485, i-765 and i-131 will not be necessary because I will not be living in the states to adjust my status nor will I be applying for work there before the CR1 has processed (I will only be visiting her over the Christmas break)

3.We will concurrently file form G-1145 so we can have electronic confirmation of the status of our package

4.Would you recommend we also file form G-1450 (alongside step "3") to authorize credit card transactions? Or is it better to just send a cheque?

5. If my wife moves after the NVC phase/Before the interview, how can she go about updating the relevant authority? Is it using form i-865?

6. In regards to form i-864 (affidavit of support):

I am unclear about whether both my wife and I will have to file this once we reach the NVC stage, or is it just my wife who will have to complete this form? The reason I am asking is because the USCIS website says: " Who completes this form? The sponsor of an intending immigrant fills out and signs this form in black ink..{...}.The principal immigrant must submit one original Form I-864 for his or her file along with supporting financial evidence of the sponsor’s income."

7.Will we be able to use the i-864EZ form if my wife is only using her income and the money in her savings account from her income? Or is the money in her savings account considered an asset?

8. My last question is in regards to the forms OF-169 and Of-230 Part 1 and 2 forms that we need to bring to the interview. I saw on some VJ forums that these do not exist anymore. I'm just wondering what the new forms are called and where I could find them.

   
   

Thank you very much!

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15 hours ago, ADW & JOP said:

Where are you doing residency after graduating medical school, the US or Canada?

 

I ask because if you are planning to do your residency in Canada, you would run into trouble as you won't be able to permanently reside in the US whilst completing a 2+ year program in Canada.

Hi, I am planning on applying for residency in the US once the CR1 gets approved. Until then I will complete my schooling, study for the first board exam and focus on research within Canada.

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Filed: IR-1/CR-1 Visa Country: Canada
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1 minute ago, bigbuns1291 said:

Hi, I am planning on applying for residency in the US once the CR1 gets approved. Until then I will complete my schooling, study for the first board exam and focus on research within Canada.

I don't know if you completed the MCCQE part I and II, but the MCCQEs are considered equivalent to USMLEs in most states for licensure. I am thankful I don't have to go through the 3 steps myself. 

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Filed: IR-1/CR-1 Visa Country: Denmark
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1 hour ago, bigbuns1291 said:

Thank you for the detailed explanation!

If you don't mind I have a few questions about the process I'm hoping you can answer:

 

1.From my understanding, my wife has to complete the form i130, and i have to complete the form i130a

2.The forms i-485, i-765 and i-131 will not be necessary because I will not be living in the states to adjust my status nor will I be applying for work there before the CR1 has processed (I will only be visiting her over the Christmas break)

3.We will concurrently file form G-1145 so we can have electronic confirmation of the status of our package

4.Would you recommend we also file form G-1450 (alongside step "3") to authorize credit card transactions? Or is it better to just send a cheque?

5. If my wife moves after the NVC phase/Before the interview, how can she go about updating the relevant authority? Is it using form i-865?

6. In regards to form i-864 (affidavit of support):

I am unclear about whether both my wife and I will have to file this once we reach the NVC stage, or is it just my wife who will have to complete this form? The reason I am asking is because the USCIS website says: " Who completes this form? The sponsor of an intending immigrant fills out and signs this form in black ink..{...}.The principal immigrant must submit one original Form I-864 for his or her file along with supporting financial evidence of the sponsor’s income."

7.Will we be able to use the i-864EZ form if my wife is only using her income and the money in her savings account from her income? Or is the money in her savings account considered an asset?

8. My last question is in regards to the forms OF-169 and Of-230 Part 1 and 2 forms that we need to bring to the interview. I saw on some VJ forums that these do not exist anymore. I'm just wondering what the new forms are called and where I could find them.

   
   

Thank you very much!

1. Technically yes but your wife can also fill out I-130a for you if it’s what you two would rather do, she would just have to answer the questions on your behalf. But yes I-130 is questions for the petitioner (your wife) and I-130a is questions for the beneficiary (you)

2. Yes correct, since you’re not adjusting status you don’t need I-485, and since your CR1 visa automatically grants you the right to work and travel outside of the US upon arrival, you don’t need I-765 or I-131 either, you can work and travel immediately.

3. Yes, this will allow you to get electronic notifications of your petition (text and/or email) alongside your physical letter notifications

4. Personally it will be yours and your wife’s own decision whether you want to submit card payment authorization or if you just want to send a check, but in my opinion a check might be easier, we sent a check as well

5. I don’t have much personal experience with that but based on the instructions for the form yes, she will have to submit that form for any time she moves addresses after submitting the affidavit of support up until she is considered no longer a financial sponsor for you (listed in the instruction forms), though anyone who knows more about this can correct me if I got anything wrong on that

6. It is only your wife who will fill out I-864 based on only her own income, as you cannot count your own income or sponsor yourself unless your same job you have currently will be continuing once you are in the US

7. As far as I can tell from the instructions, she can only use her income on I-864EZ, no assets or savings (again someone correct me if I’m mistaken)

8. I haven’t heard of those forms before, so I assume they probably aren’t being used, I don’t know if there are any new equivalents of them, but here is a general checklist from the Canadian US embassy on what you need to bring to your visa interview (some things on the list you may not need depending on your situation such as you won’t need custody paperwork if you aren’t bringing a child or divorce paperwork if this is your first marriage, or employer note since you aren’t getting an employment based visa etc) : https://ca.usembassy.gov/visas/family-immigration/appointment-checklist/

Our CR1 Journey:

 

USCIS Stage:

  • Feb 14 2019: NOA1 (NSC)
  • July 31 2019: I129f NOA1
  • Sep 19 2019: I129f NOA2 (Denied - 50 days from NOA1)
  • Sep 19 2019: I130 NOA2 (Approved - 217 days from NOA1)

 

NVC Stage:

  • Sep 27 2019: Sent to Department of State
  • Oct 31 2019: Case number received (34 days since sent)
  • Nov 1 2019: IV & AOS fees received & paid
  • Nov 14 2019: IV & AOS submitted
  • Dec 18 2019: All docs accepted, but one additional doc requested (5 weeks from submission)
  • Dec 18 2019: Requested doc submitted
  • Feb 19 2020: Documentarily Qualified (9 weeks from 2nd submission, 14 weeks from first submission)

 

Interview Stage:

  • Mar 11 2020: Interview letter received
  • Apr 1 2020: Interview date
  • Mar 17 2020: Interview cancelled due to COVID-19
  • August 3 2020: Rescheduled letter received, new appointment August 25 2020
  • August 25 2020: Visa approved at interview! (558 days from NOA1)
  • September 10 2020: Embassy received passport in mail
  • September 15 2020: Passport with visa in hand

 

October 11 2020: Arrived in US!

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Filed: IR-1/CR-1 Visa Country: Canada
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On 4/3/2019 at 5:58 AM, bigbuns1291 said:

Thank you very much for replying!

I have a few more question if you don't mind:

 

1. Once I get to the NVC/Consulate General in Montreal phase, I am wondering if I need to give them my passport? If so, how long does it take to get my passport back?

 

2. If I happen to be traveling outside of Canada at the time of the NVC/Consulate General in Montreal phase, am I able to use the Consulate services in other countries or do i have to fly back to Canada and complete the process in Montreal, since I am a Canadian Citizen?

 

Thank you very much again for your help, you are making this process a little less terrifying than it was earlier this week :)

You should read through all of the guides and process documents in here. A lot of your questions would be answered and you’d get a better idea on the entire process.

 

There is a also a forum Dornian Canadians on here that will help you a lot with your country specific issues.

 

My husband is also a Canadian. I can’t add him to my lease or open a joint bank account for him as both required a SSN. Also, if you don’t actually live with her, I wouldn’t put your name on her lease. It might look like you’re living illegally in the US.

 

To prove that we have a bona fide marriage I sent photos spanning our 4yr relationship (lots with friends & family to show that people know we’re a couple. I also sent photos from our wedding/reception, receipts from vacations taken together, our honeymoon bookings, contracts & bills from the wedding, and one sample of conversations per month from our entire relationship. And luckily I kept all of our flight stubs, so I sent copies of those showing us traveling together or traveling to see each other. Proof of spending time together carries a lot of weight. 

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