Suggestions for Couple Going through I130 Process

[rainbow-skies 130]

Hello everyone!

 

I did not know where to post these questions.

 

Summary of Our Journey:

My wife and I met about a little over a year ago  (She is US Citizen and Im Canadian Citizen Beneficiary). We got married in July 2020 (courthouse wedding as it was COVID and my family couldnt travel due to COVID) and I have gone to visit her in the US 3 times in total (each trip lasting about 12 days). I am a Registered Nurse in Ontario and so getting time off to go visit her is not as easy in general, but even more so difficult given the new travel restrictions.

 

We submitted our I130 application on July 16th 2020, with NOA1 day of. Our case was initially for Nebraska, but quietly got transferred to Texas on July 23, 2020. We are still awaiting an approval (NOA2).

 

This time as been very hard on us. I hate being away from her and am literally crying every day. I know everyone away from their loved ones is going through a hard time right now.

 

We do have the following questions if anyone doesnt mind offering their experiences or suggestions.

1) We got married in a courthouse just us two as we felt ready to commit to each other. All of our friends, family, amd coworkers know we are married. I even have cards and gifts from them proving so. But we still booked an actual wedding event for a future date in 2022 for when pandemic is finally over and my family from Canada can attend.  Is this a red flag that we got married at a courthouse and have postponed an actual wedding with our families and friends to when COVID is done and it is safe to travel again?

 

2) given how long this process might be, i am considering applying for a Work TN Visa to go work as a Nurse in her state so i can continue to financially support us and be with her at the same time. I am allowed to do this even though we are undergoing the I130/CR1 process? Or should i continue to work as a nurse in Ontario and patiently await for this to be over soon?

 

3) how understanding is USCIS that although she and I our married - we dont yet have a residence together (though we are looking)? Due to her own health and personal reasons, She is currently still living with her mother and I (currently residing and working in Canada) cant purchase a home with my wife until I build my savings and build credit in the US. 

 

We currently have joint finances, our names on each others' pensions.

 

Once we actually are residing together when I move there will we get joint utilities, insurance, a residence. 

 

 

 

Thank you all in advance for reading this and assisting!

 

Melissa

[Crazy Cat 41,981]

1.  There is no issue.  Nothing requires a big wedding.  A court house wedding is not a red flag.

2.  https://www.hooyou.com/tn/requirements.html .  A TN visa is not "dual-intent"

   

3.  The best evidence you can provide USCIS at this point is that time actually spent together, your marriage certificate, and the documents you have described.

Edited February 15, 2021 by Lucky Cat

[HRQX 4,145]

2 hours ago, rainbow-skies said:

given how long this process might be, i am considering applying for a Work TN Visa to go work as a Nurse in her state so i can continue to financially support us and be with her at the same time. I am allowed to do this even though we are undergoing the I130/CR1 process?

Only if you overcome the INA 214(b) presumption of immigrant intent. A visa is not required; as a Canadian citizen you can apply directly at a POE; but CBP recommends certain POEs: https://www.cbp.gov/travel/canadian-and-mexican-citizens/traveling-tn-or-l1-visa-canada

 

Since TN doesn't allow dual intent you cannot have preconceived intent to AOS. You must still intend to interview in Montreal for IR-1/CR-1.

Edited February 15, 2021 by HRQX