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Walees Newbie

Walees   1

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Posted

Hey everyone, we're just looking to start the process & have a few questions. 

 

Our current situation: 

- Husband is a US citizen

- Wife is Canadian

- We currently live in Canada & want to move to the US (Michigan)

 

My understanding is that these forms would apply to us...

- i-130: To establish relationship

- i-485: Adjustment of status

- i-765 Application of employment authorization

- EAD: Employment authorization 

 

We're not sure if we should move first then file, what documents to file first or if they can all be filed at the same time & if there are other forms required in this situation?

I believe the first step is to file the i-130 but have read it can take over a year to process & we would like to live/work in the US while it's pending. 

 

Dashinka Grand Master

Dashinka   24,597

Posted
Filed: Citizen (apr) Country: Russia
 Timeline
Posted (edited)
26 minutes ago, Walees said:

Hey everyone, we're just looking to start the process & have a few questions. 

 

Our current situation: 

- Husband is a US citizen

- Wife is Canadian

- We currently live in Canada & want to move to the US (Michigan)

 

My understanding is that these forms would apply to us...

- i-130: To establish relationship

Only the I130 and I130A to get started (see guide below).

26 minutes ago, Walees said:

- i-485: Adjustment of status

- i-765 Application of employment authorization

- EAD: Employment authorization 

Not needed if going through consular processing (see below).

26 minutes ago, Walees said:

 

We're not sure if we should move first then file, what documents to file first or if they can all be filed at the same time & if there are other forms required in this situation?

You cannot enter the US with the intent to stay and adjust status, so your only option is to have your husband file the I130, and go through consular processing unless you are currently physically present in the US.

26 minutes ago, Walees said:

I believe the first step is to file the i-130 but have read it can take over a year to process & we would like to live/work in the US while it's pending. 

 

Your husband will need to re-establish ties to the US and I have heard Montreal can be very strict about that.   If your husband has a reason to repatriate to the US on short notice, you could also look at doing a Direct Consular Processing. 

 

Good Luck!

 

 

Edited by Dashinka

Visa Received : 2014-04-04 (K1 - see timeline for details)

US Entry : 2014-09-12

POE: Detroit

Marriage : 2014-09-27

I-765 Approved: 2015-01-09

I-485 Interview: 2015-03-11

I-485 Approved: 2015-03-13

Green Card Received: 2015-03-24 Yeah!!!

I-751 ROC Submitted: 2016-12-20

I-751 NOA Received:  2016-12-29

I-751 Biometrics Appt.:  2017-01-26

I-751 Interview:  2018-04-10

I-751 Approved:  2018-05-04

N400 Filed:  2018-01-13

N400 Biometrics:  2018-02-22

N400 Interview:  2018-04-10

N400 Approved:  2018-04-10

Oath Ceremony:  2018-06-11 - DONE!!!!!!!

Crazy Cat Grand Master

Crazy Cat   41,981

Posted
Filed: Citizen (apr) Country: Taiwan
 Timeline
Posted

The I-485, I-765 do not apply since you are outside the US.  

Option 1: DCF (Spousal Visa) if you have exceptional circumstances

Option 2: US spouse starts the spousal visa process by filing an I-130 with USCIS.

 

You cannot enter the US as a visitor with the intent to stay and file an I-485.  Good luck.

"The US immigration process requires a great deal of knowledge, planning, time, patience, and a significant amount of money.  It is quite a journey!"

- Some old child of the 50's & 60's on his laptop 

 

Senior Master Sergeant, US Air Force- Retired (after 20+ years)- Missile Systems Maintenance & Titan 2 ICBM Launch Crew Duty (200+ Alert tours)

Registered Nurse- Retired- I practiced in the areas of Labor & Delivery, Home Health, Adolescent Psych, & Adult Psych.

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______________________________________

In summary, it took 13 months for approval of the CR-1.  It took 44 months for approval of the I-751.  It took 4 months for approval of the N-400.   It took 172 days from N-400 application to Oath Ceremony.   It took 6 weeks for Passport, then 7 additional weeks for return of wife's Naturalization Certificate.. 
 

Walees Newbie

Walees   1

Posted
Timeline
  • Author
Posted
24 minutes ago, Dashinka said:

Only the I130 and I130A to get started (see guide below).

Not needed if going through consular processing (see below).

You cannot enter the US with the intent to stay and adjust status, so your only option is to have your husband file the I130, and go through consular processing unless you are currently physically present in the US.

Your husband will need to re-establish ties to the US and I have heard Montreal can be very strict about that.   If your husband has a reason to repatriate to the US on short notice, you could also look at doing a Direct Consular Processing. 

 

Good Luck!

 

 

Thank you for the info, I should specify he still travels back & forth to the US as he works there

Dashinka Grand Master

Dashinka   24,597

Posted
Filed: Citizen (apr) Country: Russia
 Timeline
Posted
39 minutes ago, Walees said:

Thank you for the info, I should specify he still travels back & forth to the US as he works there

OK, so DCF doesn't appear to be an option.  In your case, you need to get the I130 moving if your plan is to move to the US.

 

Good Luck!

Visa Received : 2014-04-04 (K1 - see timeline for details)

US Entry : 2014-09-12

POE: Detroit

Marriage : 2014-09-27

I-765 Approved: 2015-01-09

I-485 Interview: 2015-03-11

I-485 Approved: 2015-03-13

Green Card Received: 2015-03-24 Yeah!!!

I-751 ROC Submitted: 2016-12-20

I-751 NOA Received:  2016-12-29

I-751 Biometrics Appt.:  2017-01-26

I-751 Interview:  2018-04-10

I-751 Approved:  2018-05-04

N400 Filed:  2018-01-13

N400 Biometrics:  2018-02-22

N400 Interview:  2018-04-10

N400 Approved:  2018-04-10

Oath Ceremony:  2018-06-11 - DONE!!!!!!!

Ontarkie Grand Master

Ontarkie   14,280

Posted
Filed: Citizen (apr) Country: Canada
 Timeline
Posted

~~Moved to IR1/CR1 P&P, from Bringing Family of USC - as spousal visas are discussed here.~~

Spoiler

Met Playing Everquest in 2005
Engaged 9-15-2006
K-1 & 4 K-2'S
Filed 05-09-07
Interview 03-12-08
Visa received 04-21-08
Entry 05-06-08
Married 06-21-08
AOS X5
Filed 07-08-08
Cards Received01-22-09
Roc X5
Filed 10-17-10
Cards Received02-22-11
Citizenship
Filed 10-17-11
Interview 01-12-12
Oath 06-29-12

Citizenship for older 2 boys

Filed 03/08/2014

NOA/fee waiver 03/19/2014

Biometrics 04/15/14

Interview 05/29/14

In line for Oath 06/20/14

Oath 09/19/2014 We are all done! All USC no more USCIS

 

Volli Contributor

Volli   31

Posted
Filed: IR-1/CR-1 Visa Country: Germany
 Timeline
Posted (edited)
3 hours ago, Walees said:

Hey everyone, we're just looking to start the process & have a few questions. 

 

Our current situation: 

- Husband is a US citizen

- Wife is Canadian

- We currently live in Canada & want to move to the US (Michigan)

 

My understanding is that these forms would apply to us...

- i-130: To establish relationship

- i-485: Adjustment of status

- i-765 Application of employment authorization

- EAD: Employment authorization 

 

We're not sure if we should move first then file, what documents to file first or if they can all be filed at the same time & if there are other forms required in this situation?

I believe the first step is to file the i-130 but have read it can take over a year to process & we would like to live/work in the US while it's pending. 

 

 

In your case, this is the official path you need to follow:

 

https://travel.state.gov/content/travel/en/us-visas/immigrate/the-immigrant-visa-process/step-1-submit-a-petition.html

 

The US-citizen starts with I-130 and the beneficiary starts with I-130A along with all the other required documents.

 

https://www.uscis.gov/i-130

 

We did it this way and had no problems at all.

 

Good luck!

 

Edited by Volli
pushbrk Grand Master

pushbrk   12,979

Posted
Filed: Other Country: China
 Timeline
Posted

A link to the guide has been provided.  Start there.  18 to 24 months is the proper expectation for when you will have an immigrant visa and can move to the USA.

Facts are cheap...knowing how to use them is precious...
Understanding the big picture is priceless. Anonymous

Google Who is Pushbrk?

A Warning to Green Card Holders About Voting

http://www.visajourney.com/forums/topic/606646-a-warning-to-green-card-holders-about-voting/

JD2 Enthusiast

JD2   72

Posted
Timeline
Posted
13 hours ago, Walees said:

Thank you for the info, I should specify he still travels back & forth to the US as he works there

He can continue to go back and forth during the process and you can even visit the US while consular processing.

 
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