Bringing Canadian Spouse to US

[CARR1 2]

Hello I am new here so I am not sure if I am posting in the correct spot. I apologize in advance! 

I am a US Citizen, married to a Canadian Citizen.  We live in Canada and I am a PR in Canada.  We want to move to the US, and unsure where to start.  Seems like I need to apply for I-130, but confused on the domicile part.  Would it be better if I move back to the US first to have domicile? If I move back to the US, can my husband visit for 6 months at a time.  I know he will not be able to work, but we would rather be together.  I am guessing from start to finish to get the GC is a long time, took us 10 months for me to receive PR in Canada so we have sort of done this process before.  

Any help I would appreciate.  TIA! 

[powerpuff 6,594]

You can move to the US later in the process, it doesn’t have to be before you file I-130. I’m not sure about best timing, others can advise.

 

49 minutes ago, CARR1 said:

If I move back to the US, can my husband visit for 6 months at a time.  I know he will not be able to work, but we would rather be together.

The rule of thumb is to stay out of the US twice the length of time spent in. So if he stays full 6 months, expect to stay out for at least 1 year. Furthermore, If he stays full 6 months, I can safely assume that there is a very high chance he won’t be let in next time he visits (if its sooner than a year later). He essentially does not have any ties to Canada including a job to get back to so CBP will see that he is pretty much living in the US.

 

53 minutes ago, CARR1 said:

I am guessing from start to finish to get the GC is a long time, took us 10 months for me to receive PR in Canada so we have sort of done this process before.

Those are two different immigration systems. Expect this process to take 18-24 months .
 

 

[CARR1 2]

4 minutes ago, powerpuff said:

The rule of thumb is to stay out of the US twice the length of time spent in. So if he stays full 6 months, expect to stay out for at least 1 year. Furthermore, If he stays full 6 months, I can safely assume that there is a very high chance he won’t be let in next time he visits (if its sooner than a year later). He essentially does not have any ties to Canada including a job to get back to so CBP will see that he is pretty much living in the US.

Wow! Is there any visa he could apply for to stay in the US with me? 

 

Those are two different immigration systems. Expect this process to take 18-24 months .

Totally understand, was not thinking it would take almost 2 years.  I guess we better start now! I will have to dig more into the domicile part as that is really confusing me. I have always filed my US taxes using my Canadian address.  I wonder if I can just get a US address and start using that? We had planned on just selling our house in Canada and paying cash for a house in the US and I could look for a job in the US. We would not have to rush to have him get a job.  

 

Here is another time the US and Canada are very different on GC route times, but I expected that.   I appreciate the help! 
 

 

 

[powerpuff 6,594]

“Wow! Is there any visa he could apply for to stay in the US with me? “ 

that would be the spousal visa you’re planning to apply for. There is no legal way he can stay in the US while waiting for the process

 

You should search for domicile threads here on VJ, I’ve seen a lot of those for Canadian filers.

 

This is a good one, It has another link to a much larger thread within:

 

 

 

 

Edited December 20, 2022 by powerpuff

[CARR1 2]

Thanks so much! 

[pushbrk 12,801]

4 hours ago, powerpuff said:

You can move to the US later in the process, it doesn’t have to be before you file I-130. I’m not sure about best timing, others can advise.

 

The rule of thumb is to stay out of the US twice the length of time spent in. So if he stays full 6 months, expect to stay out for at least 1 year. Furthermore, If he stays full 6 months, I can safely assume that there is a very high chance he won’t be let in next time he visits (if its sooner than a year later). He essentially does not have any ties to Canada including a job to get back to so CBP will see that he is pretty much living in the US.

 

In my experience the rule of thumb is to stay out longer than in.  No need for twice as long out as in.  Latest time for petitioner to establish domicile in the USA and have a JOB or lots of liquid assets is before filing the affidavit of support during the NVC stage, so about a year after filing the I-130.  Pick the timing that matches the rest of your circumstances.

[Neonred 3,540]

22 hours ago, powerpuff said:

 

The rule of thumb is to stay out of the US twice the length of time spent in. So if he stays full 6 months, expect to stay out for at least 1 year. Furthermore, If he stays full 6 months, I can safely assume that there is a very high chance he won’t be let in next time he visits (if its sooner than a year later). He essentially does not have any ties to Canada including a job to get back to so CBP will see that he is pretty much living in the US.

 

.
 

 

I don't think that applies to Canadians.  Where I live,  we have Canadian snow birds that are here every year.  The important factor for them is that they stay just less than 6 months.  They are here every year for just a few days short of 6 months.

[CARR1 2]

I guess I have lots more research to do! I will start with filling out the I-130.  I appreciate the help so much. 

[pushbrk 12,801]

3 hours ago, CARR1 said:

I guess I have lots more research to do! I will start with filling out the I-130.  I appreciate the help so much. 

Please no.  Start by downloading and becoming an A-Student of the I-130 instructions.

[CARR1 2]

17 hours ago, pushbrk said:

Please no.  Start by downloading and becoming an A-Student of the I-130 instructions.

Yes, been looking at the instructions and checklist for the 1-130 and A.  Application seems much easier than the Canadian PR application and we completed that by ourselves without issues.  I do also have a consultation with an immigration lawyer booked to see if I am missing any other way to have him immigrate.  I appreciate the help, thanks! 

Hoping to get this all started in the new year so maybe I can move back to the states, with my husband, by the summer of 2024.

[Mern V 14]

I'm a Canadian awaiting i-130 approval, residing in Ontario Canada, currently. 

 

My husband is a US citizen, we filed in Feb 2022. Within a few months of filing he secured a job and moved back to the States in May 2022. We've been apart since then, although I did fly down for 2 weeks before Christmas for a visit. 

 

Everything my lawyer tells me, and everything I've read says to stay put until you get approval to go. Yes, a visit is ok, but I would absolutely make sure you get proof of return to the home country, and that you don't overstay. 

 

It's a long wait (only a few months for us! but it feels like eons) ... but I feel like we're in the homestretch now, so it will have been worth it!

[CARR1 2]

On 12/29/2022 at 3:15 PM, Mern V said:

I'm a Canadian awaiting i-130 approval, residing in Ontario Canada, currently. 

 

My husband is a US citizen, we filed in Feb 2022. Within a few months of filing he secured a job and moved back to the States in May 2022. We've been apart since then, although I did fly down for 2 weeks before Christmas for a visit. 

 

Everything my lawyer tells me, and everything I've read says to stay put until you get approval to go. Yes, a visit is ok, but I would absolutely make sure you get proof of return to the home country, and that you don't overstay. 

 

It's a long wait (only a few months for us! but it feels like eons) ... but I feel like we're in the homestretch now, so it will have been worth it!

Hi! I wanted to check and see how you are doing in the process and if you had any issues with visiting your spouse in the US? Thx! We still have not applied as I really do not want us to be apart but know that if I move back first it seems a bit easier (no domicile/sponsor stuff). 

[pushbrk 12,801]

On 12/21/2022 at 3:46 AM, powerpuff said:

You can move to the US later in the process, it doesn’t have to be before you file I-130. I’m not sure about best timing, others can advise.

 

The rule of thumb is to stay out of the US twice the length of time spent in. So if he stays full 6 months, expect to stay out for at least 1 year. Furthermore, If he stays full 6 months, I can safely assume that there is a very high chance he won’t be let in next time he visits (if its sooner than a year later). He essentially does not have any ties to Canada including a job to get back to so CBP will see that he is pretty much living in the US.

 

Those are two different immigration systems. Expect this process to take 18-24 months .
 

 

Regarding the rule of thumb.  I would call that belt and suspenders plus thumbs. LOL  Many Canadians own homes in Florida and stay just less than six months of every year.  My understanding is the "rule of thumb" is to spend more time out of the USA than inside.

 

File the I-130 when ready.  Move to the US in a year or so, and YEAH, more like 18 to 24 months for the total  process of getting the immigrant visa.  

[powerpuff 6,594]

1 minute ago, pushbrk said:

Regarding the rule of thumb.  I would call that belt and suspenders plus thumbs. LOL  Many Canadians own homes in Florida and stay just less than six months of every year.  My understanding is the "rule of thumb" is to spend more time out of the USA than inside

If you scroll through the thread carefully, you have already addressed that to me in December of 2022.

On 12/20/2022 at 7:42 PM, pushbrk said:

In my experience the rule of thumb is to stay out longer than in.  No need for twice as long out as in.  Latest time for petitioner to establish domicile in the USA and have a JOB or lots of liquid assets is before filing the affidavit of support during the NVC stage, so about a year after filing the I-130.  Pick the timing that matches the rest of your circumstances.

 

[pushbrk 12,801]

Just now, powerpuff said:

If you scroll through the thread carefully, you have already addressed that to me in December of 2022.

 

Hate these zombi threads popping up.