American lives in Canada relocate to USA with Canadian wife

[Crown007 0]

Hi this is my first time in here, so bare with my ignorance!

Let me first give you the details. Any help wold be grateful!😊

 

My husband is an American. He grew up in Canada. He currently lives and works in Canada. He would not be able to show how he can “support” us in America because he does not work there.

I am Canadian. 

We are married. We got married in New York. We have 3 Canadian kids.

We now want to relocate to America.

Which visa should we use to get this done? 

[Dashinka 23,291]

Your husband will petition for you as a spouse (I130), then eventually you will apply for a spousal visa (CR1/IR1 depending on the length of the marriage when the visa is approved).  If your husband does not meet the financial support requirements for the I864 form, he will need to find a joint sponsor.

 

I would start here with your research.

 

 

Good Luck!

[Crown007 0]

Thank you so much! So we should still go ahead with the I-130 visa first and see what happens? We already know he will not meet the financial criteria. Who can be the joint sponsor? Can he still do the I-130 from Canada?

[HRQX 4,145]

***I have moved this topic to IR-1 / CR-1 Spouse Visa Process & Procedures*****

[HRQX 4,145]

32 minutes ago, Crown007 said:

Can he still do the I-130 from Canada?

Yes, he can file it online: https://www.uscis.gov/i-130

 

File Online

[Lucky2Lucky 2,526]

1 hour ago, Crown007 said:

Thank you so much! So we should still go ahead with the I-130 visa first and see what happens? We already know he will not meet the financial criteria. Who can be the joint sponsor? Can he still do the I-130 from Canada?

An American or a permanent resident in the US can be a joint sponsor.

[Chancy 6,233]

On 7/22/2021 at 7:25 AM, Crown007 said:

My husband is an American. He grew up in Canada.

 

Has he spent any time residing in the US at all?  If so, how much time?  If he has less than 5 years of physical presence in the US before your kids were born, he will also need to file I-130 petitions for your kids.  So 4 petitions to start the immigration process for your family.

 

Edited July 23, 2021 by Chancy
clarification

[Crown007 0]

4 hours ago, Chancy said:

 

Has he spent any time residing in the US at all?  If so, how much time?  If he has less than 5 years of physical presence in the US before your kids were born, he will also need to file I-130 petitions for your kids.  So 4 petitions to start the immigration process for your family.

 

Yes it has been less than 5 years. So you are saying that 4 petitions should be done at once? Four I-130 forms? Do they all have to be done at the same time? Or should mine get started, then the kids?

Edited July 23, 2021 by Crown007

[HRQX 4,145]

5 minutes ago, Crown007 said:

So you are saying that 4 petitions should be done at once?

If filing online then he'll submit 1 petition at a time. In total it'll be 4 separate petitions.

 

But multiple petition drafts can be saved on the online account. The actual filing is that has to be separate.

[Crown007 0]

18 hours ago, HRQX said:

If filing online then he'll submit 1 petition at a time. In total it'll be 4 separate petitions.

 

But multiple petition drafts can be saved on the online account. The actual filing is that has to be separate.

Ok got it! Now i was thinking of doing a work visa…… since he will not be able to show support for us….. I am a teacher and a nurse. Do you think this is wise or just stick with the I-130?

[pushbrk 12,146]

On 7/23/2021 at 3:01 PM, Crown007 said:

Yes it has been less than 5 years. So you are saying that 4 petitions should be done at once? Four I-130 forms? Do they all have to be done at the same time? Or should mine get started, then the kids?

The wording of your answer seems to indicate you answered a different question than the one asked.  The subject is whether your children are entitled to US Citizenship.  They are, if your husband was physically present in the US for at least 5 years, 2 years of which after turning 14.  If your husband does not meet the physical presence requirements, then you'll need petitions and immigrant visas for you and all 3 children.  If he DOES meet those requirements, you need to apply for Consular Report or Birth Abroad, and US passports for each child.  In that case, only you would be immigrating.

 

If your husband cannot find a suitable joint sponsor, the obvious option is for him to precede the family to the US and get a job.  He doesn't need a visa to do that.

[Crown007 0]

7 hours ago, pushbrk said:

The wording of your answer seems to indicate you answered a different question than the one asked.  The subject is whether your children are entitled to US Citizenship.  They are, if your husband was physically present in the US for at least 5 years, 2 years of which after turning 14.  If your husband does not meet the physical presence requirements, then you'll need petitions and immigrant visas for you and all 3 children.  If he DOES meet those requirements, you need to apply for Consular Report or Birth Abroad, and US passports for each child.  In that case, only you would be immigrating.

 

If your husband cannot find a suitable joint sponsor, the obvious option is for him to precede the family to the US and get a job.  He doesn't need a visa to do that.

Perfect, thank you for that! He has not been in the USA for that amount of time so i guess yes, he would have to petition for immigrant visa for all of us. The joint sponsor would have to be a relative of his or can it be a friend?

[Crown007 0]

Question:

I am a teacher and a nurse. Would a work visa be better in this situation? Would I be able to bring the kids with me on a work visa? And then after working on that visa for a while, I could apply for a permanent visa for myself and the kids?

[Dashinka 23,291]

7 hours ago, Crown007 said:

Question:

I am a teacher and a nurse. Would a work visa be better in this situation? Would I be able to bring the kids with me on a work visa? And then after working on that visa for a while, I could apply for a permanent visa for myself and the kids?

For a work visa, you would need an employer willing to sponsor you for some type of visa.

[HRQX 4,145]

3 hours ago, Dashinka said:

For a work visa, you would need an employer willing to sponsor you for some type of visa.

And if it's a nonimmigrant visa then most of those categories don't allow immigrant intent at POE.