US Citizen Living in Canada - Looking to Sponsor Husband

[Uber Wild Pigeon 0]

I am a USC (Naturalized - lived in the US for 7 years, 5 of which were after the age of 15). 

 

I married my husband and moved to Canada. All of my kids are USC via CRBA. I want to bring my husband to the US and would really like to avoid being separated for 1-2 years if at all possible. Is there any way I can first bring him to the US and then start the paperwork?

 

I want my children to finish their high school in the states in preparation for university. I really don't want us to be separated for 1-2 years during the entire process.

 

I don't have any way to establish Domicile because I didn't keep anything of mine active in the US.

 

Hopefully there's a way without us being separated? Please let me know <3

[SalishSea 16,827]

10 minutes ago, Uber Wild Pigeon said:

I am a USC (Naturalized - lived in the US for 7 years, 5 of which were after the age of 15). 

 

I married my husband and moved to Canada. All of my kids are USC via CRBA. I want to bring my husband to the US and would really like to avoid being separated for 1-2 years if at all possible. Is there any way I can first bring him to the US and then start the paperwork?

 

I want my children to finish their high school in the states in preparation for university. I really don't want us to be separated for 1-2 years during the entire process.

 

I don't have any way to establish Domicile because I didn't keep anything of mine active in the US.

 

Hopefully there's a way without us being separated? Please let me know ❤️

Unfortunately, there is not going to be a way to avoid separation.   And the domicile requirement for Montreal is very strict.

 

You can always file the petition and then try to expedite at some point during the process.   But plan on 18 months-2 years minimum.

 

And in terms of bringing him over to “finish the process”- no, that is not allowed.   Entering with the intent to adjust status is immigration fraud and could get him a permanent bar.

Edited February 16 by SalishSea

[Uber Wild Pigeon 0]

Thank you! 

My son got a job there recently and will be starting in a few weeks. Would there be any chance he can start the sponsorship as soon as he starts working? If so, would it be the same wait time if he were to do the sponsorship as opposed to me doing it?

[appleblossom 1,379]

15 minutes ago, Uber Wild Pigeon said:

Thank you! 

My son got a job there recently and will be starting in a few weeks. Would there be any chance he can start the sponsorship as soon as he starts working? If so, would it be the same wait time if he were to do the sponsorship as opposed to me doing it?

 

Where is 'there', the US? Is your husband your son's biological father?

[Uber Wild Pigeon 0]

5 minutes ago, appleblossom said:

 

Where is 'there', the US? Is your husband your son's biological father?

That's correct. He has a job in the US and he is my son's biological father. If it makes a difference, he'll be working in California.

[appleblossom 1,379]

3 minutes ago, Uber Wild Pigeon said:

That's correct. He has a job in the US and he is my son's biological father. If it makes a difference, he'll be working in California.

 

Assuming he's over 21, he can sponsor his father then. About the same timescale as you sponsoring him.

 

Worth noting that even if you do sponsor him, you wouldn't have to be apart from him for the entire time - but you would need to establish domicile towards the end of the process and before his interview.

 

Good luck. 

Edited February 16 by appleblossom

[Boiler 43,606]

25 minutes ago, Uber Wild Pigeon said:

Thank you! 

My son got a job there recently and will be starting in a few weeks. Would there be any chance he can start the sponsorship as soon as he starts working? If so, would it be the same wait time if he were to do the sponsorship as opposed to me doing it?

Being sponsored by a USC child is probably an easier route.

[Ryan H 3,791]

Moved from What Visa Do I Need - Family Based Immigration forum to IR-1/CR-1 Process & Procedures.

[pushbrk 12,154]

On 2/17/2024 at 5:37 AM, Boiler said:

Being sponsored by a USC child is probably an easier route.

Yes, easier in this case because the son already qualifies as sponsor, and is domiciled in the USA.  Is he 21 already?

 

Note that "what you want" is NOT a reason for expedite.  You get to chose between separation and kids finishing high school in the USA.  Expedites are for special circumstance, not for convenience.

 

Edited February 20 by pushbrk