Married through a k-1 visa- looking to return to Canada

[Canadianb 1]

Hi so I’m sorry if this has been asked or if I’m in the wrong area, any help is appreciated.

 

so I’m Canadian and married my husband who is American through a k-1 visa and currently am an American resident. 
 

my questions is how do I go about filing for him to come to Canada instead (I assume it would take a year or so processing) and can he stay in Canada while we process it or not. (We have two children).

 

 

if any one can point me in the right direction it would be greatly appreciated!

[igoyougoduke 1,604]

Start here https://www.canada.ca/en/immigration-refugees-citizenship/services/immigrate-canada/family-sponsorship/spouse-partner-children.html

[Quarknase 1,072]

I know that you didn't ask for this, but I can't stop myself Since you don't have a timeline, I don't know for how long you have been a permanent resident in the US/if you are eligible for dual citizenship if you wish so.

But wanted to note that if you decide to permanently move back to Canada, you might have to surrender your greencard voluntarely, and if you ever plan to return go through the IR1 spousal process again.

[Canerican 242]

31 minutes ago, Canadianb said:

Hi so I’m sorry if this has been asked or if I’m in the wrong area, any help is appreciated.

 

so I’m Canadian and married my husband who is American through a k-1 visa and currently am an American resident. 
 

my questions is how do I go about filing for him to come to Canada instead (I assume it would take a year or so processing) and can he stay in Canada while we process it or not. (We have two children).

 

 

if any one can point me in the right direction it would be greatly appreciated!

Keep in mind that if you are outside of the US 6 months or more you could be considered to have abandoned your status if you are a permanent resident. It would be better if you got US citizenship and then immigrated him to Canada. If you immigrant him now without you having US citizenship you will most likely lose your status in the US and have to start again with an IR-1 visa if you decide to come back to the US. 
 

 

1 minute ago, Quarknase said:

I know that you didn't ask for this, but I can't stop myself Since you don't have a timeline, I don't know for how long you have been a permanent resident in the US/if you are eligible for dual citizenship if you wish so.

But wanted to note that if you decide to permanently move back to Canada, you might have to surrender your greencard voluntarely, and if you ever plan to return go through the IR1 spousal process again.

I couldn’t stop myself either...lol

Edited July 30, 2020 by CDN(ON)-USA(VT)

[Quarknase 1,072]

2 minutes ago, CDN(ON)-USA(VT) said:

couldn’t stop myself either...lol

We've seen it happen here so many times, that folks ran into processing issues with new applications after not properly surrendering LPR status. I think it's important to know, especially since I assume that not only the husband, but also the kids have American Citizenship.

[JFH 12,189]

*~*~*moved from “K-3 spouse visa” to “emigrating outside the US”*~*~*

[Canadianb 1]

8 minutes ago, Quarknase said:

We've seen it happen here so many times, that folks ran into processing issues with new applications after not properly surrendering LPR status. I think it's important to know, especially since I assume that not only the husband, but also the kids have American Citizenship.

Okay thank you, I don’t have a time line  I’m looking into it because the health care here is killing me with two kids lol. That’s being said , I get what you guys are saying. IF I get my citizenship here then I can return later on if I want to correct ? That won’t cause issues with my Canadian citizenship? I was really looking to return in 5 years most probable. So I am filling out the paper work for my kids to have Canadian citizenship as well.
I’ve already been here 3 years I think I can get citizenship in another two? 

[Canadianb 1]

39 minutes ago, James120383 said:

Start here https://www.canada.ca/en/immigration-refugees-citizenship/services/immigrate-canada/family-sponsorship/spouse-partner-children.html

Thanks!

[Quarknase 1,072]

3 minutes ago, Canadianb said:

Okay thank you, I don’t have a time line  I’m looking into it because the health care here is killing me with two kids lol. That’s being said , I get what you guys are saying. IF I get my citizenship here then I can return later on if I want to correct ? That won’t cause issues with my Canadian citizenship? I was really looking to return in 5 years most probable. So I am filling out the paper work for my kids to have Canadian citizenship as well.
I’ve already been here 3 years I think I can get citizenship in another two? 

If you gained permanent residency through your current husband, you are actually eligible to file 90 days before your 3 year anniversary of your LPR status: https://www.uscis.gov/sites/default/files/document/guides/chapter4.pdf

 

I am not sure about Canadian rules for dual citizenship, you would have to look those up for Canada specifically (unless there are Canadians here that know). The US doesn't have an issue with dual citizenship, so from that side you're clear. Yes, once you are naturalized you can come and go as you please

[Ontarkie 13,915]

Dual citizenship is perfectly fine with Canada. Since you do plan at some point to return to the US I would definitely get USC. 

[Lemonslice 4,553]

Should you become a citizen, you will also have to file US taxes (not necessarily pay, but file every year).  Might or might not be significant in your situation/income, but something to consider. 

[retheem 553]

Get your US citizenship then move back. Then you will be done with USCIS forever

Edited July 31, 2020 by retheem

[mushroomspore 3,043]

20 hours ago, Canadianb said:

Okay thank you, I don’t have a time line  I’m looking into it because the health care here is killing me with two kids lol. That’s being said , I get what you guys are saying. IF I get my citizenship here then I can return later on if I want to correct ? That won’t cause issues with my Canadian citizenship? I was really looking to return in 5 years most probable. So I am filling out the paper work for my kids to have Canadian citizenship as well.
I’ve already been here 3 years I think I can get citizenship in another two? 

What is the issuance date on your PR card? Add 3 years to that. 90 days PRIOR to the 3-year anniversary, your window for citizenship application opens. But be aware that for US naturalization, you must meet the residency requirements. You also risk losing PR status if you are out of the US for more than six months. Usually, this means one long continuous stretch of six months or more. But if you leave the US every every month and are abroad for a month at a time or something similar, this may trigger CBP suspicions. They technically can't revoke PR status and you have to go to immigration court if they feel you have violated residency. It'd just be best to plan accordingly and minimize any risks. 

Edited July 31, 2020 by mushroomspore

[Canadianb 1]

16 minutes ago, mushroomspore said:

What is the issuance date on your PR card? Add 3 years to that. 90 days PRIOR to the 3-year anniversary, your window for citizenship application opens. But be aware that for US naturalization, you must meet the residency requirements. You also risk losing PR status if you are out of the US for more than six months. Usually, this means one long continuous stretch of six months or more. But if you leave the US every every month and are abroad for a month at a time or something similar, this may trigger CBP suspicions. They technically can't revoke PR status and you have to go to immigration court if they feel you have violated residency. It'd just be best to plan accordingly and minimize any risks. 

01/31/17 Is my issue date.

 

I don’t plan to keep going back and forth, we are looking into a permanent move in the future but I would like the option to return to the United States as well.

[Lucky2Lucky 2,526]

I'm surprised no one has mentioned the elephant in the room.. health insurance. You need to see if you lost your benefits in Canada being a resident of the US. If you become a citizen in the US you also need to see if this voids your benefits in Canada. I feel I've read somewhere it does. .. but I suggest you looking into this if health insurance is your main reason to move. Additionally- look into if your husband would ever qualify for health insurance in Canada without giving up his US citizenship.