dual citizen married to canadian, moving to US for job

[DualMatty 3]

I'm an American citizen (and Canadian citizen), who's lived in Canada 34 out of my 36 years. I'm currently living in Montreal with my fiancée, we'll be married next month here in Canada. She's just a Canadian citizen, not American. We've been together for 2+ years and lived together for 1 1/2 years. 

 

I received an amazing job offer, my dream job, to start in Washington state in September. We want to be able to live together, that's the main priority. She doesn't need to work, or vote, but it'd be a bonus if that were possible.  Apparently if I were Canadian-only it'd be pretty easy for the job to give me a visa that allows her to get an attached visa. It seems it should be easier if I'm dual... What are our options?

 

I already messaged the consulate here in Montreal about Direct Consular Filing of I-130. That could branch out to a CR1 or a K3, either way works. Haven't heard back yet, but it's just been a week. According to their website, they can process it there and it takes 2 months. But someone else told us it may be longer. Either way, that may work out, but is it true that she would have to stay in Canada during the whole processing, which may take longer than 2 months?

 

Another option that we've looked at is to file I-130 with the USCIS, again for either a CR1 or K3. If we do that, is she allowed to visit me during the processing? We've heard the processing is over 10 months, up to 14. Can she come and go? We could maintain an apartment in Montreal, and she has family in BC.

 

Is it an option to just not get a visa at first? And we could cross the border and return if ever she's there 6 months, until we figure out what to file for? We just don't want her to get stuck in Canada for months. If she gets stuck in the states, for months that's not great either since her family is in BC. She wouldn't be working... or voting... and this job I'm going for is in the national interest... and of course economic interest. Is there some precedent to be able to come and go through the border in this situation?

 

Thank you!

[Crazy Cat 39,285]

A spousal visa filed with USCIS will take about 2 years.  That 10 to 14 months is just for the USCIS part of the process.  She can visit the US during the process at the discretion of CBP.  EVERY entry is at the sole discretion of CBP at the US border.  DCF would be a good option if the consulate in Montral agrees..... Step 1 is to marry.  Good Luck.

[DualMatty 3]

Thanks for the input. I'd imagine the border guards would want us across, given my job. At least maybe it'd help if I accompany her. At least the job is close to the border. If we file with USCIS I could accompany her each time she crosses the border. Would that make sense? Although, can I even file I130 before I get an American address? The problem with DCF is if it takes longer and she's stuck in Canada during it. If she could visit during it that'd be fine.

Edited July 22, 2022 by DualMatty

[Crazy Cat 39,285]

6 minutes ago, DualMatty said:

Thanks for the input. I'd imagine the border guards would want us across, given my job. At least maybe it'd help if I accompany her. At least the job is close to the border. If we file with USCIS I could accompany her each time she crosses the border. Would that make sense? Although, can I even file I130 before I get an American address? The problem with DCF is if it takes longer and she's stuck in Canada during it. If she could visit during it that'd be fine.

Every person who visits the US is assumed to have the intent to illegally stay in the US.  It will be her responsibility to convince them otherwise.  I don't see your escorting her as an advantage.  

Edited July 22, 2022 by Crazy Cat

[DualMatty 3]

 I understand that, I'm just trying to figure out, what is legal for us to do, in each of the first posted options (or any other better options)

[Crazy Cat 39,285]

1 minute ago, DualMatty said:

 I understand that, I'm just trying to figure out, what is legal for us to do, in each of the first posted options (or any other better options)

She can legally visit (at the discretion of CBP) regardless of which route you take.  Although the risk is probably low, there have been documented cases of Canadian spouses being denied entry to visit.  Perhaps alternating visit locations would be beneficial.

Nothing associated with US immigration is convenient, fast, or cheap.  The immigration process requires a great deal of knowledge, planning, time, patience, and money. Good luck.

[DualMatty 3]

If she wanted to visit me where I'm living and working in Washington state, and we keep an apartment in Montreal, how much could she visit? Why couldn't we just straight up say to the border guards the situation, and she won't be working or voting, so during the 2 years of processing she could visit. And how much? Like half the time spent in Washington, half the time in Canada overall?

[Crazy Cat 39,285]

1 minute ago, DualMatty said:

Why couldn't we just straight up say to the border guards the situation, and she won't be working or voting, so during the 2 years of processing she could visit.

You won't like this, but the truth is that she can visit until a CBP Officer tells her she is visiting too much.  There just isn't a written rule.  Until she receives a valid visa, she can't live in the US whether she votes or works. 

[mushroomspore 3,043]

7 minutes ago, DualMatty said:

If she wanted to visit me where I'm living and working in Washington state, and we keep an apartment in Montreal, how much could she visit? Why couldn't we just straight up say to the border guards the situation, and she won't be working or voting, so during the 2 years of processing she could visit. And how much? Like half the time spent in Washington, half the time in Canada overall?

Every single entry is up to the discretion of the CBP agent she talks to every time she crosses the border. CBP will let her know at each entry how long they're allowing her to stay in the US for that visit. Being Canadian, she's unlikely to be turned away or denied entry. However, keep in mind that she will be declaring immigrant intent by filing I-130 and of course, CBP will know that. The onus is on her to prove that it is JUST a visit while the I-130 is pending and that she fully intends to return to Canada when CBP instructs her and that she will ONLY move permanently when her spousal visa is issued and not before that point. They will not allow her blanket entry for as long as she likes or allow her "easier access" just because you attempt to explain the situation to them. They don't do that for anyone.

Edited July 22, 2022 by mushroomspore

[DualMatty 3]

Is there another option other than I-130? Like a non-immigrant visa? If the best option is for me to rescind my American citizenship to get a H-1B and H-4 visa or TN&TD on our Canadian passports, that seems absurd...

[mushroomspore 3,043]

7 minutes ago, DualMatty said:

Is there another option other than I-130? Like a non-immigrant visa? If the best option is for me to rescind my American citizenship to get a H-1B and H-4 visa or TN&TD on our Canadian passports, that seems absurd...

I-130 is the easiest and fastest way for her to move permanently to the US without issues. Rescinding your American citizenship is an absurd idea. There's absolutely no reason to do that. Besides, even if you were to pursue that, that process PLUS trying to get an H1B or TN would take time. At the end of the day, it'd probably take around the same amount of time as just waiting for the spousal visa. You also would not be able to start your job right away. You'd have to wait for H1B visa to be processed and that can take a while.

 

And there is no reason to pursue a non-immigrant visa. Not all non-immigrant visas allow for a green card, which is ultimately what your wife needs to live and work permanently in the US. Non-immigrant visas come with all sorts of conditions and restrictions that your wife would have to adhere to. She would also have to qualify on her own terms and merits for a non-immigrant visa, depending on which one you look at.

 

Stick to the I-130. Sorry but if you're unable to handle some separation time, then consider just staying in Canada. Separation time is part of the deal if you're in a relationship where you don't have the same citizenship and must deal with these government legal processes.

Edited July 22, 2022 by mushroomspore

[Crazy Cat 39,285]

Many, many of us have had to be separated during the part of the immigration process.  Visiting during the process is sometimes the only option. 

Edited July 22, 2022 by Crazy Cat

[DualMatty 3]

19 minutes ago, mushroomspore said:

Separation time is part of the deal if you're in a relationship where you don't have the same citizenship and must deal with these government legal processes.

We do have the same citizenship... we're both Canadian. If I didn't have my American one in addition, we could get a TN/TD in a month or two directly from the job.

[mushroomspore 3,043]

Just now, DualMatty said:

We do have the same citizenship... we're both Canadian. If I didn't have my American one in addition, we could get a TN/TD in a month or two directly from the job.

You share Canadian citizenship but not American and that is the issue. There is no reason to rescind your American citizenship. That process alone can take some time. You're better off filing I-130 and dealing with that.

[Crazy Cat 39,285]

Best option, imo, is to marry, then go with the I-130 route (either DCF or USCIS).  After your spouse has been a legal US resident for 3 years, she can apply for American citizenship.