Karabas

Do you mind sharing what kind of questions they asked or inquired about? My mom has GC as well and she has been overseas under 6 months so far. But she is looking after her ill mother (my grandmother) and was wondering if she could stay longer (maybe 9-10 months, but under 12 months) to take care of her mother a little bit longer.

Surprisingly, they questioned me (a US citizen) more than my wife this time around. They just asked her what she's doing abroad and told her to apply for a re-entry permit before leaving the country.

The GC is forfeit by default if you're out of the US for over a year. However, there's a visa you can apply for, in which you will need to explain that you've been out of the country temporarily and that the stay was extended unexpectedly, etc.

Essentially, with abandonment, you need to show that you are planning to return to the US eventually, but you currently require an extended stay abroad.

Thanks folks!

We crossed successfully after some questioning because her stay in Canada has been under a year, but will be applying for the Re-Entry permit before she leaves the US again.

Hi folks,

This may be on the wrong subforum: please do redirect if it is.

Thanks to VJ's help, my wife has had a green card for a year and a half now.

However, a few months after receiving her green card, she received an exciting work and study opportunity with a 2 year contract in her home country of Canada. We moved to Canada together - I work from home for a US company, but she has Canadian employment, we have an apartment lease, etc. We've been here for 10 months. The plan after her contract is finished is unclear: it could be extended, or it could finish, in which case most likely we'd return to the US.

We're going to the US to visit my family - but as I understand, our current situation will cause a problem with her green card. Is there any way to retain it, or is it a lost cause? And if the latter, will they still let her in as a visitor?

Hi all,

Thanks to your guys' help, we finally got the interview date - less than 3 weeks from now!! My wife has not done the medical yet, and she's in the US with me at the moment - it would cost quite a lot of money to get up to Canada in time to get the medical results in time for the interview.

How much of a problem would it be if the medical stuff is not sorted out by the time of the interview?

Thanks for the continued help!

--- Karabas

Any more suggestions guys?

This might be a silly question but how are people sending pictures as support documents? I figured I would put time/location/names on the back of the picture and put everything in a ziplock bag. Is that a good idea? Is there a better way to be doing this?

I don't remember where I got the instructions from, but that's pretty much what I did... I don't think I did ziploc though.

If you have the Tax return and your above the 125% you should be fine but SHOULD BE FINE doesn't mean that it would be FINE with the consular, Because mine was a little bit more than the 125% and the CO didn't accept it and he wanted another sponsor, DO NOT risk it, Its worth it to ask your parents, I know how is it like not wanting to ask them but sometimes you have to face reality...DO NOT risk it.

I'm at over 200%, but the issue is that my tax returns for last year do not reflect that. I started working in September of last year, so my tax returns were only for 1/3 of the year + some part-time work I did while still in school.

That really sounds like a lot of evidence.

In our case, we didn't date, so our evidence was limited to wedding photos, affidavits (from our parents...), and an explanation of why we didn't date, etc. We got approved without a problem, so it shouldn't be a problem in your case.

Hey guys,

Thanks for all the help with the process so far. We got successfully approved and are now in the NVC stage - there's a bit of delay due to change of address at the moment.

I have a question about the I-864 - I graduated college last May, but am currently working with a salary above the minimum required. However, it's a year contract. I have an unofficial offer to extend it one more year, but I have not taken that offer up yet as I'm hoping to find a better-paid job.

Here's my question: would I be able to file the affidavit without a joint sponsor given these issues:

1) My tax returns from the past three years are minimal - I've been filing as my parents' dependent until this past year and didn't earn much.

2) My current bank holdings are pretty much nil.

3) I'm on a contract that expires this September.

What I'm considering to include (aside from required info):

1) My current job contract

2) A letter from my employer stating that they're offering me an extension of contract (how official should this be? I can get the HR to do it)

3) Transcript from my university to show I was a student until recently, maybe copy of diploma also?

4) Recent paystubs to prove my income

Do you think this would be sufficient? I work in research (biology) and have published some papers - would including citations to those go towards proving that I can be re-employed?

I can ask one of my parents to be co-sponsors, but I'd really prefer not to if possible...

Thanks!

Also, as she is Canadian and we crossed the border by car, she has no visa or stamp in her passport. Is there a way to go around this?

My wife is in the US right now. Approximately how long does the AOS process take? And how do I go about it? Am I filing I-485?

Wait, hold on, now I'm confused. Is AOS faster than the other process? Could I have done this much earlier? I'm only looking for what the most optimal choice would be for us at this point in time, so if it's better to stick to CR-1, I'm fine with that.

Hi All,

I filed the I-130 for my Canadian wife in beginning of July and it's being processed in Vermont so we're hoping for the reply to come back within a couple of months. In the meantime, my wife has been visiting me in the US as a regular Canadian tourist. They gave us a lot of problems at the border each time but so far she hasn't been turned back.

So my question is - if we get the I-130 approved, can she file for adjustment of status while visiting me in the US? During our application we included her Canadian address (where her parents still live), would that matter?

Thanks!

--- Karabas

Hey all,

So I filed the I-130 for my spouse at the beginning of the month, we had our reception a few days later and after sticking around in Canada for a bit made our way across the border. We had a pretty shaky case for crossing the border: my spouse previously lived with her parents, so has no ties to Canada, and on top of that she brought a lot of luggage to store in the US until her papers come through. The agent at the border obviously gave us a lot of trouble for it, but ended up relenting and letting us through because we filed for her immigration. However, he was adamant that we should file for the K-3 to avoid further problems in having her come down here.

My spouse will be returning back to Canada at the end of August for a short visit, but we were hoping that she'd come down to the US again for a longer stay (several months). Either way we'd obviously like to be able to spend as much time as possible while the immigration process is going on. From what I've read on the forums, K-3 visas just cause a lag in the process and don't do anything useful. The guy at the border stressed that we get it. I tried reading stuff on this website, but it didn't clear it up. Can the K-3 be useful in our situation?

Thanks for any advice guys

The K-3 route is essentially obsolete. What happens is this: after you get your NOA1 from your I-130 petition, you send in the 129F, and this moves your file further down the queue. Both petitions are approved together, and they are sent off to NVC at the same time. If NVC receives both at the same time, they administratively close the 129F, leaving you with only the IR-1/CR-1 route.

So all you would have done is bump your file further.

I see, makes sense. Thanks everyone

No, since you are married, the K1 is not possible for you. K1 is a fiance(e) visa.

How about K-3?

Nope, Ottawa has nothing to do with this process.

Since she's in Toronto she can do the medical in Toronto, the only doctor is Dr. Seidan who is male. Not sure about the doctor in Montreal but if he is male then that is your only option....unless you want to fly her out to Vancouver to see if that one is female.

If living together was part of your requirement then you should have applied for a K-1 visa, not a spousal visa. Since that was not the case, you'll have to do what is necessary.

To minimize problems, you'll want to incrase her ties. All your questions pertaining to visiting is really up to the CBP. She may not have any problems but then again she might. she may be able to turn right around a visit after returting home, but she might not. To help her, increase her ties - can you do that?

Good luck

I haven't filed for anything yet, we're still assembling all the documents together to mail sometime next week. One of the people above said CR-1 is the only option - is K-1 still possible and better?

Increasing the ties - I don't know, she's been living with her parents since birth. She's probably registered at her parents' house, would that work? Like her credit card statement addressed to her house?

If you call the CBP post (US side) and discuss with them the situation, they will probably let you know, that she cannot move anything down with her to the US, but she can visit you for 6 months at a time. As long as she has a job, a rental agreement, a vehicle registered in her name, a plane ticket back to Canada, or any other ties, she should bring any and all of those and let CBP know that she is just visiting for the allotted. If you call CBP, they can let you know your chances of getting across the border. Honestly, I've been across the border hundreds of times and if you're honest and up front with everything they are really nice people. Once in a while if you get a douche, you can ask to speak to their supervisor and complain. They are people just like us. Sometimes they get on power trips when they are newer but for the most part they are good about letting Canadians across the border to visit if they haven't had any problems with them before.

Again, though. Call the port of entry, and talk to them about your situation. They will help you. They are really nice if you're up front about EVERYTHING.

Thanks for that. From Toronto if you're flying, the border agents are on the Canadian side (i.e. in the Pearson airport), so I should call those?

Thanks for all the help everyone!

Alhamdulillah! May Allah Ta'ala bless your marriage and make it a benefit for you in this world and in the next, ameen

I see you say that you are religiously married.....does that mean legally married.... do you have a marriage certificate.....

I have seen others on this site who are in the same situation....and I wish you the best

Yes, religious wedding are required to be registered by Canadian law, so we have our marriage certificate now.

Salaam.

My wife and I have not lived together yet either. No need to write a letter explaining religious reasons for lack of cohabitation.

We used the following as proof of bonafide marriage:

Added her to my work benefits.

Added her to bank account.

Added her to lease (apartment)

Added her to insurance, medical through work.

Provided phone records showing continuous contact.

Pictures of wedding. Honeymoon. Trips where I visited her.

Hope ths helps

Wa 'alaykum assalaam and jazakumAllahu khayran for the info, that is indeed helpful. I don't have a job yet (actively looking at the moment), so can't add her to my work-related benefits, but I can try the bank account thing. Did you include any affidavits from people to confirm your marriage?

Karabas, I've been doing research on this, too. Since we've both never lived together before we marry (which is in 1.5 weeks yey!)... I believe what Bule&Cantik say is true. My fiance plans to do that soon after we marry.

Also plan on printing out copious copies of letters/postcards/emails/messages we sent each other.

Also pictures from the ceremony, reception, honeymoon are helpful. Remember to label the back of the shots with the date, location and event.

Also enclose itineraries, tickets & boarding passes you used to see each other.

For affidavits from people attesting to the marriage... from what I read, best to get a US citizen to do this... preferably someone who played a significant role in your marriage. Such as a best man or an officiant. Who is a US citizen.

Hopefully, someone can give even better info that what's already been posted. Also, I have no idea how much of each proof is enough. I, too, am very interested in the answers

Thanks for the suggestion. What about relatives? Can I have my mother attest to our marriage? She's been pretty heavily involved in the whole marriage planning process and is a US citizen. What about signatures? Can I mail in copies of these letters or do they have to be originals?

Hi guys,

My wife and I never dated and so never lived together/owned property/anything else together because of religious reasons. We're religiously married, but our big wedding reception is next month and her cultural norm is that she doesn't move in with me until then (so we don't even get to hang out alone together too much when I visit her in Canada). I had a few questions about the I-130 application and supporting documents because of that, but I was also wondering if you think I should add any additional information with the application. Should I write an explanation of why we've never lived together? Should I mention our religion? (we're Muslim, and given my and my friends' experience as Muslims in America, I'm a bit hesitant to provide that information)

As far as specific questions go:

- The line in the I-130 asking for last joint address: do I just put N/A or should I add some kind of explanation on another page?

- I'm supposed to attach proof that our marriage is bona fide. The only option we have is affidavits from other individuals. Who should these people be? What kind of letter should they write? Do they need to be signed and should I have the originals?

- What additional proof can I give? Pictures from our engagement ceremony? Hall booking and wedding invitation cards for our upcoming wedding reception? Would these be helpful at all?

Thanks all for your help!

Welcome to Vj

Well good news! You only have 1 option. You are married so you would file for the Cr-1 spousal visa. See the link above for the guide

Now, visiting is strictly up to the CBP - with her lack of ties (and no, family does not count as an adult woman is expected to leave her family and move with her husband) you might run into some problems. Now, many many many people visit their spouses with no issues, but what will you do/say if asked for ties when you cross into the US?

Regardless, file for the Cr-1 visa now, she'll interview in Montreal (doctors for her medical are in Vancouver, Toronto and Montreal...where is she from?)

Good luck

Thanks She's in Toronto - Ottawa is closer, no? And that's my question really - what should I do to avoid problems as much as possible? I understand that this is not a guarantee, but what are some things we could do to reduce the likelihood of problems coming up? What length of stay should we be asking for? I'm assuming asking for the full 6 months would be pretty risky, right? And when she returns to Canada, when can she re-enter the US again?

By the way, this is some time away, but can she request a female doctor for the medicals?

To expand on the above, being Canadian does not grant special immigration rights, being the cultural norm to live together after marriage ( that is the "norm" for all cultures ) does nothing. Being in Canada makes the trips to visit shorter and visa free. If you file now the process is usually one yearish in length. During that time , she can visit the US for about half of any given year. You can visist there about the same. However you may be questioned and turned back at the border for lack of ties ( more apt to happen to her than you ) You must never lie at border questioning.

I'm not asking for special rights, and for us living together is cultural requirement, not the norm. That is, we never lived together before. Afterwards, I can live with my in-laws and her, but I cannot leave her alone there, for example. Obviously, people understand that sometimes things get in the way, but what I'm asking is how I can abide by these cultural norms as much as possible. You say that she can spend about half the time in the US - so if she visits me for a month, she should stay in Canada for a month or so also?

Thanks for all the help guys!

Hi everyone!

First off, thank you all for a wonderful forum. I've read through a lot of pages and they've been very helpful. However, because of religious and cultural considerations, my situation is a bit different and I'm wondering what the best course of action is.

Long story short, my spouse is Canadian, we got our religious wedding done in Canada in November and for various reasons outside our control I have not yet filed for her immigration into the US. However, our official wedding reception will be in Canada a month from now and culturally it is expected that she move in with me afterwards. My question is whether this is at all possible and what would be the best way to go about it: K-1, K-3, or CR-1? If I send all the paperwork in this week, would she be able to cross the border with me for a visit after the reception? I know Canadian citizens are allowed 6 months' stay in the US - would the border agents let her through if we say that's what she's doing? Or would she have to keep the time shorter - say 1 or 2 months and then return to Canada? How long would she have to stay? For example, could we go visit her family in Canada for a weekend every month or two and then come back into the US again until the visa process is finished?

The other issue is that my spouse is currently her parents' dependent and will then become my dependent. That is, she's living with her parents, has no permanent job, does not pay bills (outside of cellphone), does not own a car or a house. This means that aside from showing her cell bill and return tickets to Canada, there isn't much that she can show to prove ties to Canada (or does having family there count?). Also, we both strongly prefer that she doesn't travel alone, so I would have to accompany her. I can probably stay in Canada with her family for some time, but eventually I would have to return to the US, especially since I'll need to have a job to justify my affidavit of support.

So the question is: is there any way, even round-about (but legal, obviously) to make this work? I don't mind making regular trips up to Canada, as long as she can stay with me most of the time while we're filing for her immigration. I'd greatly appreciate any advice (and if I missed older posts applicable to this situation, I do apologize). This is overall pretty confusing.