US Citizen doesn't live in the U.S.

[raymaga 25]

What visa would a person that is a U.S. citizen, not living in the U.S., apply for to get their Canadian spouse to the U.S.?  They both live in Canada, the U.S. citizen works in the U.S. and crosses border every day from Canada to U.S.  

[Crazy Cat 39,216]

To live in the US, CR-1/IR-1 spousal visa.  See the appropriate guide on this web site.

Edited January 7, 2020 by missileman

[Going through 5,668]

CR-1 visa as mentioned above.

Canadian would have their interview in Montreal.

Depending on how long the USC has been living in Canada, the USC will also have to reestablish US domicile to immigrate the wife.

Presumably the USC has been filing US taxes all this time as required while living abroad, and filing as Married during the course of their wedlock?  (that's one piece of evidence that can be used to show a bonafide marriage, as well as US domicile.)

The USC continuing working in the US is very much in their favour as well with domicile.

Edited January 7, 2020 by Going through

[raymaga 25]

Thank you for your replies.  I am asking for my daughter, the dual citizen.  They are not actually married yet, so I'm helping them figure out what is the best route to go to get her fiancé (the Canadian) to the US to live after they are married.

 

They are planning an August, 2021 wedding, so we'll need to figure out when the best time for my daughter to get domicile in the US and then when to start the visa process for her husband.

 

 

 

[payxibka 10,044]

11 minutes ago, raymaga said:

Thank you for your replies.  I am asking for my daughter, the dual citizen.  They are not actually married yet, so I'm helping them figure out what is the best route to go to get her fiancé (the Canadian) to the US to live after they are married.

 

They are planning an August, 2021 wedding, so we'll need to figure out when the best time for my daughter to get domicile in the US and then when to start the visa process for her husband.

 

 

 

Best time to domicile is before the actual Visa interview 

 

She can petition immediately after the marriage 

[Nitas_man 3,100]

IR1 or CR1 depending on how long you have been married

[Nitas_man 3,100]

38 minutes ago, raymaga said:

Thank you for your replies.  I am asking for my daughter, the dual citizen.  They are not actually married yet, so I'm helping them figure out what is the best route to go to get her fiancé (the Canadian) to the US to live after they are married.

 

They are planning an August, 2021 wedding, so we'll need to figure out when the best time for my daughter to get domicile in the US and then when to start the visa process for her husband.

 

 

 

She does not have to physically domicile, just demonstrate intent to domicile.  Simplified by working in the US

1.  Marry

2.   File a petitoon

2.  Wait for approval and visa processing

3.  Relocate to the US after approval / visa 

 

Rule sez:  She has to either precede or accompany her husband to the US

 

Hope that helps

[payxibka 10,044]

You need to visit the Canadian regional forum as Montreal is a bit picky on the domicile  issue 

[Going through 5,668]

58 minutes ago, raymaga said:

Thank you for your replies.  I am asking for my daughter, the dual citizen.  They are not actually married yet, so I'm helping them figure out what is the best route to go to get her fiancé (the Canadian) to the US to live after they are married.

 

They are planning an August, 2021 wedding, so we'll need to figure out when the best time for my daughter to get domicile in the US and then when to start the visa process for her husband.

 

Ok, earlier you'd referred to the "Canadian spouse"----so natural thought was that they were already married.

With the USC working in the US already, there shouldn't be much hassle for intent to domicile.

 

 

Edited January 8, 2020 by Going through