Question about process in Canada for US spousal green card

[Hamlet 122]

Hi 

 

My wife and I got married in the USA in 2015. Right after we moved to Canada where I am from. She has her Canadian permanent residency and now we have a beautiful 1 year old daughter.  She has a full time job and her company has a large presence in California and have offered her a very good job as she has US citizenship. 

 

My question is can I apply for my green card from Canada and for my daughters dual citizenship while we are still working here in Canada? We really don’t want to make the move without myself being able to work.  Luckily her company will keep the offer if we can do this. 

[payxibka 10,044]

6 minutes ago, Hamlet said:

Hi 

 

My wife and I got married in the USA in 2015. Right after we moved to Canada where I am from. She has her Canadian permanent residency and now we have a beautiful 1 year old daughter.  She has a full time job and her company has a large presence in California and have offered her a very good job as she has US citizenship. 

 

My question is can I apply for my green card from Canada and for my daughters dual citizenship while we are still working here in Canada? We really don’t want to make the move without myself being able to work.  Luckily her company will keep the offer if we can do this. 

File an i130 petition with the uscis stateside,  no ability to file at a location in Canada 

 

CRBA for the child is submitted to the consulate 

Edited September 26, 2019 by payxibka

[Hamlet 122]

1 hour ago, payxibka said:

File an i130 petition with the uscis stateside,  no ability to file at a location in Canada 

 

CRBA for the child is submitted to the consulate 

Thank you. 

 

Is it possible to apply from Canada while we are still working here and go to Montreal for my interview or does my wife have to be working in the USA to show she lives there and has income. She reports her Canadian income to the IRS every year. Is this good enough?

 

Im sorry for all the questions but no lawyer will talk to me without a $500 “consult fee” to even know if what we want to do is possible and I’ve searched all forums and found no info. 

 

Thanks in advance. 

[payxibka 10,044]

10 minutes ago, Hamlet said:

Thank you. 

 

Is it possible to apply from Canada while we are still working here and go to Montreal for my interview or does my wife have to be working in the USA to show she lives there and has income. She reports her Canadian income to the IRS every year. Is this good enough?

 

Im sorry for all the questions but no lawyer will talk to me without a $500 “consult fee” to even know if what we want to do is possible and I’ve searched all forums and found no info. 

 

Thanks in advance. 

You certainly can start the process,  but by the time of the interview,  she needs to have reestablished US domicile.   You are looking at 12 to 14 months from initial petition filing to Visa interview based on current timelines 

[Hamlet 122]

26 minutes ago, payxibka said:

You certainly can start the process,  but by the time of the interview,  she needs to have reestablished US domicile.   You are looking at 12 to 14 months from initial petition filing to Visa interview based on current timelines 

Will my daughter need to stay with me or move with my wife. 

 

This information is making me re evaluate things as we were in a long distance relationship for 4 years and don’t want to be separated again. 

[payxibka 10,044]

3 minutes ago, Hamlet said:

Will my daughter need to stay with me or move with my wife. 

 

This information is making me re evaluate things as we were in a long distance relationship for 4 years and don’t want to be separated again. 

Your daughter doesn't need anything other than for you to apply for CRBA and her "blue" passport,  which should only take a month or so.  Once she has the passport she can do as you feel is best for her 

 

Some separation is inevitable 

Edited September 26, 2019 by payxibka

[carmel34 3,538]

The spousal visa process takes more than a year.  Sounds like if you want to move to the US to be with her you'll likely have many months of living apart since she will need to move at some point during the process without you to establish a US domicile, and show enough US-based income to sponsor you.  Good luck!

[millefleur 5,039]

**Moved from DCF Discussion to IR-1 / CR-1 Spouse Visa Process & Procedures**

[NikLR 13,220]

Some people have had success with quick relocation times filing DCF with the consulate in Mexico.  You can certainly try if you want but understanding that if it doesn't happen you've just wasted your time and have to start over. 

[SunnyTiger 9]

On 9/26/2019 at 1:56 PM, Hamlet said:

Hi 

 

My wife and I got married in the USA in 2015. Right after we moved to Canada where I am from. She has her Canadian permanent residency and now we have a beautiful 1 year old daughter.  She has a full time job and her company has a large presence in California and have offered her a very good job as she has US citizenship. 

 

My question is can I apply for my green card from Canada and for my daughters dual citizenship while we are still working here in Canada? We really don’t want to make the move without myself being able to work.  Luckily her company will keep the offer if we can do this. 

We filed our I-130 while living in Calgary before I moved down.  We are now DQ at NVC, but still haven't received interview letter for Montreal.  Process is more like 16-20 months right now, sad to say.

 

Can you try to get a visa another way (i.e. through employment) so that you can move down and then file adjustment of status?  

 

If you want to avoid separation, it may be best to consult an immigration attorney because they may have other ideas for you.

[Hamlet 122]

9 minutes ago, SunnyTiger said:

We filed our I-130 while living in Calgary before I moved down.  We are now DQ at NVC, but still haven't received interview letter for Montreal.  Process is more like 16-20 months right now, sad to say.

 

Can you try to get a visa another way (i.e. through employment) so that you can move down and then file adjustment of status?  

 

If you want to avoid separation, it may be best to consult an immigration attorney because they may have other ideas for you.

Thanks everyone for your replies. I engaged a prominent immigration attorney for our matter (no consult fee!!!)and he says that there is a way for all of us to not be separated and move down together once I receive my GC.  He stated that many of his past clients came to him with this exact concern and that he has successfully gotten a spousal GC while family is living/working in Canada as long as we both have some sort of connection in the US, which we do. 

 

Before I apply he recommended that my daughter applies for her US passport and that my wife applies for her Canadian citizenship (which she can as she has been here for over 1095 days) as it will be difficult for her to do this later. Because our plan to move is for the next 18-24 months we will be retaining this attorney for his services as our situation will not allow us to perform this work ourselves. 

 

I will keep this post update throughout our process for anyone in our same situation. 

 

[payxibka 10,044]

Except a green card isn't issued until entry so not sure how you can receive a green card before then

[Hamlet 122]

10 minutes ago, payxibka said:

Except a green card isn't issued until entry so not sure how you can receive a green card before then

Once we make the move and cross border GC will be issued

[payxibka 10,044]

Just now, Hamlet said:

Once we make the move and cross border GC will be issued

So  standard visa process.   Nothing unusual here

[Hamlet 122]

On 9/26/2019 at 1:38 PM, payxibka said:

You certainly can start the process,  but by the time of the interview,  she needs to have reestablished US domicile.   You are looking at 12 to 14 months from initial petition filing to Visa interview based on current timelines 

Other than you saying she needs to re establish us domicile. This was a major point of contention for us. 

 

So yes, it is a standard process but we don’t have to be apart. All members were saying that being apart is inevitable including yourself but this attorney has a way around which most people applying without an attorney wouldn’t know about. 

 

Im not a professional in immigration, that is why I have chosen to hire one to make my wish and outcome happen.