BadCivilServant

Congratulations. I just had my IR1 interview yesterday. Can't believe how fast I was approved. After nearly a year of waiting it was almost anti-climactic. Anyway, now I'm on that three-year road to citizenship. I'm so proud to be here, you have no idea. First thing I did when I arrived was buy a flag and hang it out on our condo sunroom. 

Yeah, I know, we've only moved from CANADA. But my USC/Cdn wife has wanted to come here so badly. She was getting so frustrated with the process.

When I made the second of two U-Haul trips from Niagara Falls down to Orlando (alone on that second trip, I might add), I told the U.S. Customs officer, "I told my wife's aunt (the co-sponsor) I can't wait to be an American." Sounds, trite. But it's true. 

I promised my wife and her aunt...three years from today, I will be an American, too. 

My wife is USC/Cdn and I am CDN so I'm not sure how useful this advice is, but...

I wish we could have saved more money while we were planning this. And we had a year and a half to plan it. But there was always "something."

In our case, my wife is a low-income earner and I earn a considerably higher income. But she wanted to move to Florida for her health, among other things. So yeah, I gave it all up. Good job, pension, benefits, everything. At least I stocked up on her medication while I could still get it on my benefits plan. 

I moved her down here in April. I joined her in late May. I announced my resignation from my job six weeks ahead, and took the last four weeks as paid time vacation time. So I had the luxury of being able to come here (Orlando, Florida), be with my wife while she complies with the domicile requirement, and collect a paycheck LEGALLY for most of the two months that I have been here myself. 

But I still wish we had saved more money. Story of everyone's life, I guess. As far as being made to "feel comfortable," I would feel comfortable in the Antarctic, as long as my wife was there. But, of course, that would defeat the process of leaving Canada.

Anyway, good luck.

(BTW, three minute interview in Montreal yesterday. Approved. Picked up the passport with visa the same afternoon. Crossed the border early the following morning)

11 hours ago, NikLR said:

Sounds like a website error.  Have you contacted IT about it?

I did immediately contact the U.S. consulate via e-mail when it happened). I got the standard form-letter multi-paragraph reply several days which did indeed confirm my original appointment date. Towards the end, they also encouraged me to report the error to the State Department myself.

I know this post can track back to me personally and identifiably, so I don't want to be accused of saying mean things. But anyone who has used (by necessity) USCIS, CEAS, GOES (for us Nexus folks), and the myriad of government sites - to say nothing of HealthCare.gov - I mean...cummon! Really? Does Facebook have these coding errors? Google? Microsoft (okay, don't answer that last one!).

I've lost count of how many times I have had GOES, for example, to claim I have entered the wrong password, lock me out, demand I call "customer service" or generate an error page AFTER I have entered and submitted required information if, by some miracle, I manage to log in in the first place. 

The internet has been around for nearly five decades. It has been commercially available for 25 years. It is really asking that much to expect the U.S. government, with its endless resources, to be able to build a decent, functioning, TESTED website? 

Interestingly, IRS.gov seems to have their act together. Maybe the other U.S. government agencies should outsource to them. 

I followed the instructions of Montreal's Packet 4 and "registered" the appointment date (which was already assigned in a previous e-mail sent to me by the State Department). I also registered the Canada Post pick-up location for my passport after my visa is issued (hopefully!).

My date, as assigned, was July 21, 2017 at 9:30 am. However, the website popped up with July 21, 2020! This has to be a website error. I hope. I confirmed it in order to set up the Canada Post delivery registration. 

Is this a website error, or did I REALLY just change my appointment date to three years from now?

I did send an e-mail to MTL's public e-mail address. But who knows when - or even IF - I'll get an appropriate response. 

My USC wife moved from Niagara Falls to Orlando in April to satisfy the domicile requirement. For reasons of her health and the deplorable condition of our apartment (starting with the mould), it was necessary for her to move. I have four weeks' vacation from work which started recently and ends ends in late June. I tendered my resignation from my job effective the end of my vacation (for my own sanity, I was going to quit anyway, green card or no green card). 

I drove my wife down in April in my truck along with a U-Haul trailer. I then returned to Canada. For the month we were apart, she rented an apartment in Orlando and got herself a job and stayed in an AirBnB in the meantime. My I-130 was approved in April. I have just received the NVC invoice and will be paying it in the next few days. 

Last week, I made a second trip to Orlando, again with a second and final U-Haul load. I had no issues crossing the border along with the trailer, as I had my wife fill out the 3299 and I brought copies of her passport, SSN, etc. I reported to the customs officer that I was in the immigration process, particularly in the Visa processing stage. I told him I was on vacation from work. I planned to be in the U.S. at least six weeks, and that I would be returning to Canada. He accepted the fact that I had to go to Montreal for my interview as my guarantee I would be returning. 

Prior to leaving Canada, I changed my Ontario driver's license, auto insurance, Nexus and other details to my mother-in-law's address (also in Ontario). I am effectively living with my wife in Orlando. We are living off of our savings and my vacation pay, which runs out in mid-July. I am not working while I am in the U.S. We can meet our obligation until mid-September. Once I have my consular appointment date, I will return to Canada a few weeks prior, get my medical, stay with my mother-in-law, pay a modest rent to her and earn whatever income I can while I am back in Canada. If my interview doesn't happen before the end of July, I will return to Canada (again, to my mother-in-law) and wait out the process there.

All this leads up to my question: On my visa application, should I report the address I am "staying" at in Orlando as my current address? My name and my wife's name are on the lease. Or should I report my mother-in-law back in Ontario as my "current" address? 

"As of now my case is still waiting for (hopeful) approval by the uscis. They recieved the case on October 24th of 2016. It has been nearly 6 months so I am hoping that it will be approved any day now. "

I don't mean to be a let down here, but my NOA1 is dated September 12. And I'm still waiting. Seven plus months in.

Good luck.

Thank you, everybody, for your advice. 

I'm going to use the "F" word here: frustrating. It truly is FRUSTRATING to stay within the rules. 

I'm going to err on the side of caution and not go with the telecommuting idea. It's not the matter of "not getting caught." If it's not perfectly legal, I don't want to do it. legal or not. And who knows when it may come back to haunt me later?

As for the insufferable delay, applying for an expedite with the USCIS would probably be a moot point since, after SEVEN MONTHS, the NOA2 ought to come soon. Right? One would think...

I'm going to stay with my wife in Orlando through May and June. My vacation pay will take me through early July and we can financially meet our obligations until September on my wife's meager salary and our savings. I didn't plan on coming back from my vacation and returning to my current job at the end of June. I still hope I don't have to.

All I can do is hope that, towards the end of May or June, there will be and end-game in sight (i.e. visa interview date in Montreal) and I can resign from my job. For the reasons stated in my original post, I really don't feel comfortable leaving my wife alone in Florida for weeks. Or months. But if this does drag on, then, yeah, I've got no choice but to leave her alone in Orlando, return to my job in Ontario at the end of June and basically send her my paycheck. 

Thank you, also, to the people behind VisaJourney for this invaluable resource. 

2 minutes ago, Teddy B said:

The two keys to this according to the CBP officer that my wife spoke to upon entry is that you're not taking a job away from an American citizen and you're not getting paid in US funds. There is conflicting information to this right here on VJ as well, that's why I say it's on a person to person basis.

Based on Mallfri76's advice, we're going to make an Infopass appointment with the local USCIS office in Orlando and see if we can apply to expedite. I'll see what they say about the work at home idea. I just don't want to get in trouble just for asking.

Hello, fellow VisaJourney members.

Well, what can I tell you? Filed in September for IR1 (green card) and still waiting....waiting...waiting...like that little Mac hourglass that keeps moving up and down. Or Windows stuck in an endless loop.

I'll get to the point here. I am Canadian and my wife is USC/Canadian. We thought we would be further along in the process by now than we are (that is, we thought I would have my NOA2 by now. Nope.). We gave notice on our apartment here in Niagara Falls, Ontario for the end of May due to to mold infestation, among other things. Week after next, I am moving my wife down to Orlando. She's going to stay in an AirBnB while she finds a house for us. After I drop her off and put "her" (our) belongings in storage, I'm coming back to The Falls to go back to work at my railway job and wait things out.

My wife is transferring to the Orlando branch of her employer (a "theme restaurant" chain). 

I have a leave of absence from work from May 6 through 19, and then paid vacation from May 27 to June 23. I have the opportunity to work in a telecommuting position (receiving inbound customer service calls) for the Canadian subsidiary of an American company. The position is theoretically based in Ontario, Canada, however the company is willing to allow me to perform the work from Orlando. I would be paid in Canadian dollars, in my Canadian bank account, from the Canadian subsidiary of the American company.

Would American law allow me to do this legally?

This is very frustrating because my wife will be all alone down in Orlando. She is diabetic, she has spina bifida and frankly she's nervous about being there alone. If I have the opportunity to wait things out with her down in Florida rather than leave her there alone, I'd rather do that.  I do know about the six-month rule. My through September would be four months. And between May, 2016 and May, 2017 we probably have spent nearly two months going back and forth between Canada and U.S.A. including our vacations and day-trips across the border (we do live in Niagara Falls). 

Thank you, again, fellow VisaJourney members. Happy Easter weekend and best wishes as always. 

Friend, I wouldn't say I'm depressed. But I am annoyed.

My USC wife filed the I-130 for me back in September. Still waiting for the stinking thing to be approved. Then of course, the fun REALLY starts (NVC, Consular processing, etc).  Meanwhile I get multiple e-mails from VisaJourney every day telling me about how everyone else has updated their timelines.

Frankly, my beautiful trophy wife is angrier than I am. She keeps saying, "I'm going to knock you over the head, drag you across the border and tell the officer I'm kidnapping you and dragging you down to Florida with a big ol' smile on your face!"

Our apartment is mold-infested. We have to get out of here. Back in February, we gave notice for the end of May. To comply with the domicile requirements, we made a trip from Niagara Falls down to Orlando to arrange me wife's transfer to that city (she works for one of those "theme" chain restaurants that sell $25 hamburgers). Apparently, they are still waiting for an opening to fit her in. We couldn't get an apartment or house either because we just couldn't get past the screening filters on the various real estate apps. In short, we came back from Orlando empty handed.

I wanted to be interviewed by a prospective employer (I work for a railway) so that I could hit the ground running when I DO get my green card. Couldn't even do that.

I'm sending my wife back down to Orlando at the end of April and putting her up in an AirBnB while she finds a job and a house. I have most of May and all of June off for leave of absence / vacation, so I'm going to join her then. Hopefully she'll have found a place by then because I'll have no place to live up here.

I only hope I get my green card by the end of June. Fingers crossed. I really don't want to come back to The Falls and leave my wife alone for however much longer this takes. 

Then all I have to do is get a job! How hard can it be? 

10 hours ago, Mollie09 said:

I'm sorry. It would be a hilarious comedy of errors if it wasn't such important information.

 

The I-129 is an employer petition, the I-129F is the petition for an alien fiance, filed to get the K-1 or the K-3 (in conjunction with the I-130). The K-3 is obsolete (it takes as long as the direct-to-green card process), so they just process the I-130 to go the CR-1/IR-1 route. It takes roughly a year, never a month.

 

You can drive a U-Haul truck but you might have issues at the border if they think you're the one moving. Nothing any consulate can help with.

 

They really are incompetent, eh?

We did indeed file the I-129F for the K-3.  I just left the letter "F" out of my post. The petition for alien fiance (spouse). 

It never would have occurred to us to file it after our I-130, except it was a U.S. immigration officer who suggested it. 

As for the "month," I was just repeating what the officer said. Of course, now we know better!

Nothing to do now but sit back and wait. 

It's been over six months since my wife filed her i-130 for me. The NOA1 date is September 14, 2016. She's American / Canadian. I'm Canadian. We live together in Niagara Falls, Ontario. We want to move to Orlando, Florida to, among other reasons, benefit her health. 

She called to follow up with them earlier this week. Apparently, there have been some delays in their processing (no kidding!) since then, but they should be getting around to it any time now. She pointed out she also filed an I-129 for me. The I-129 / K-3 was suggested by none other than a U.S. immigration officer at the Rainbow Bridge in Niagara Falls, N.Y. who told my wife and I that I would be in the U.S. "inside of a month." This was in late September. Of course, my fellow VisaJourney members know what a waste of time that was.

The nice man at the USCIS call center told my wife the K-3 was an employer petition and had nothing to do with a spousal petition.

My wife also asked if I could drive a U-haul truck with her and her belongings down to Florida - and then I would fly back to Ontario - in order to move her down there to comply with the domicile requirement. His response? Maybe. Under certain circumstances. With permission. Call the consulate - any consulate - and ask them. 

Come on! Really? 

Absolutely un-flipping believable. 

4 hours ago, Teddy B said:

Seeing you live so close to the border and have Nexus cards, why don't you stop at secondary inspection on one of your next border crossings and talk to one of the US border cops. You could even ask to speak to a supervisor while there. This may also help you lay the groundwork with those officers and maybe make your move a little easier if you intend on using that border crossing for your move.

 

Also, bring your USCIS paperwork with you to show them that you've started the procedure and are not looking to cut any corners.

We did that once. I reasoned, if you want to know the rules: ask the source. In this case, on one our routine weekly crossings, I asked if we could go into secondary inspection and ask if If could have a B2 stamped in my passport and wait out the process in Niagara Falls, New York. The purpose of this was to establish my USC wife's domicile. I would cross back and forth to work every day at my job in Niagara Falls, Ontario. The officer at the booth took our Nexus cards and sent them up to the secondary by pneumatic tube. We were sent up an elevator into a locked room and held there with the other cattle for an-hour-and-a-half. When we were called in, the officer was downright suspicious. At least at first. He wanted to know where I got this hair-brained idea from. 

After some conversation (he became friendlier), he suggested my wife fill out an I-129 and apply for a K3 for me. We'd be in the U.S. inside of a month (uh, yeah...). 

After relating this story in past VisaJourney posts, it has been suggested to me that I'm lucky I wasn't banned for doing what I did that day. 

All I wanted to do was ask a question!

Anyway, I have my Nexus card and I still get practically waved through. Hopefully my "question" that day won't have any ramifications at my visa interview. Whenever that happens.

9 hours ago, AstroCanada said:

I can only give my experience here.  We were in a similar both.  I (the USC) was living and working in Canada with my spouse.  I moved about 3 months earlier to start a job here and establish domicile.  We shipped all our belongings under my name.  Otherwise, we would have had an annoying Catch-22.  We couldn't move our belongings back to the state until after his green card was approved, but we needed me to be here before our green card was approved.

 

With a professional moving company we didn't have any issues.  I think customs is probably fairly sympathetic to this issue.

A catch-22 is exactly what the immigration process is. 

Hello, friends.

I am a Canadian citizen, married to a U.S. / Canadian citizen wife. She has never lived in the U.S. I am still waiting for my NOA-2. I filed in early September, 2016. 

We live in Niagara Falls, Ontario. We both have Nexus cards. 

I understand that the consulate in Montreal is very strict on domicile. At some point, I have to get my wife down to Orlando, Florida (where we plan to live and where she plans to transfer employment locations to). When the time comes, our plan is to drive her, her belongings and most of our furniture (but very little of my clothes, other than what I need)  down there in a U-haul and leave them in a storage locker. She would then stay in an AirBNB for a couple of weeks or a month until she can find a permanent rental. After dropping her and her belongings off, I will head back to Ontario.She doesn't have a license. 

After my wife has secured a house to rent, I would make my way back down to Orlando, rent a U-haul locally, move her (our) stuff in, and then return home (again, by train or plane). 

I know driving down there in a loaded U-Haul is playing with fire. Will a return plane / Amtrak ticket, evidence that our animals (cat and dog) are in a kennel here in Niagara Falls, my pick-up truck (with which I often cross back and forth) is not going with me, and I have a form from work authorizing my absence that I can offer the U.S. Customs officer that I am not intending to immigrate AT THAT TIME? 

I have also considered the option of dropping her belongings off at a U-Haul in Niagara Falls, N.Y. to be shipped down there in one of their U-Boxes. Would that be as "dangerous" as trying to drive it all the way to Florida, as far as Customs is concerned? We're talking a grand total of five miles from our current apartment in Niagara Falls, Ontario to U-Haul in Niagara Falls, N.Y. 

There's got a be a way of getting our stuff down there without spending thousands of dollars on a moving van. Yes, U-Haul will ship them from Niagara Falls, Ontario as well, but then again, we're easily into that "thousands" territory. 

I have booked the middle two weeks of May off of work as well as the last week of May and first three weeks of June (total six weeks) and plan to stay in Orlando during that time, allowing for any immigration obligations as well. I will likely travel back and forth between Orlando and Canada during that time. Always keeping in mind my ties to Canada including evidence of current employment and current rental in Canada. So I'm basically off work from May 6 to June 24 (less the week of May 20, when I need to be back at work). 

So far, we've crossed back and forth across the border without incident, including our week-long trip to Orlando. If I, or my Nexus card (we submitted copies of both of our cards with "my" I-130), have been "flagged" as an intending immigrant, I don't know about it. 

We would appreciate the opinions of anyone knowledgeable about transporting goods across the border, and if any of my fellow VisaJourney members have done so themselves while awaiting their green cards. I'm not trying to pull a fast one I'm not trying to play games. I'm not trying to break the rules or bend the rules. I have time off of work and just want to get my wife moved down to Florida to comply with the U.S. government's own domicile requirements. And then head back to Canada and wait out my green card here. It breaks my heart - and hers - that we'll be apart to satisfy this bureaucracy. Hopefully it won't be for long. 

Thank you and best wishes.

NOA1 September 20, 2016 for my wife's I-130 petition for me on September 6.

Waiting...waiting...waiting...

At least we're together. 

Only problem is, she's making plans to move to Orlando in April to take her transfer (and comply with her domicile at the same time). In fact, we're heading down there next week to look for a house to rent. I sure hope we get things done by May or June at the latest. I'm going to miss her while we're apart. On the up-side, I've booked most of May and June off of work so I suppose we can be re-united for that time. 

Best wishes, Joyce. 

Still waiting on my NOA-2 so I can move things along, but I'm trying to get all my ducks in a row.

I am Canadian and my wife is Canadian / American. I am the breadwinner in the family. My annual income is around US$75,000. My wife works seasonally at a theme restaurant here in Niagara Falls, Ontario. Her annual income is only US$11,000. That is the amount on her 2015 1040. And yes, I know my income is irrelevant. 

She is hoping to transfer to her restaurant's location in Orlando, Florida. As she will be working full-time, year-'round, her annual income will at least double. Probably triple.  Regardless of her income to date, when she is hired on in Orlando, and if she receives a letter which states she is indeed expected to be working 40 hours per week, 52 weeks a year, at US$12 per hour (about US$25,000 per year), will USCIS accept that as her new income for purposes of satisfying the Affidavit of Sponsorship?

We do have a joint sponsor lined up (namely one of my wife's aunts in Michigan), but it kills me to impose all that paperwork on her. She's more than willing, mind you. Just hate to do it, that's all. 

Thank you and best wishes to all. 

18 hours ago, Abdocp said:

Hello I'm asking if us citizens living outside country and not working should pay tax ? If he is not working will tax Ben calculated like as he is living in USA and should any salary taxable or ther is a minimum limit to be included in tax thanks u .

Last July, my wife was sworn in as a U.S. citizen at the consulate in Toronto, Canada. Wife wife was granted derivative citizenship because her mom was from Flint, Michigan. Her mom had to attend to be interviewed at the consulate to verify my wife's claim. I tagged along as well.

After my wife was sworn in, she was informed of her duty to file a 1040 every year, regardless of whether she owed taxes or not. The consular officer nearly had a heart attack when my mother-in-law told him she has been in this country (Canada) for nearly 40 years and has never filed a U.S. tax return during that time.

I filed my wife's U.S. taxes for the first time last year, and mine as well as it turns out (had to get an ITIN number). The foreign (i.e. Canadian, in our case) income is deducted. On line 7, you write in your income, converted to U.S. dollars.  On line 21, you write in "2555EZ" and write the same amount, in parentheses. Even if it's zero.

So it's literally a zero-sum game. 

5 hours ago, Cubana1984 said:

He got arrested at the USA border after he apply for Canadian refuge and they said no to him.

In that case, crossing over from Canada, the "wet foot / dry foot" wouldn't have applied anyway, even if the policy still was in effect.

 I would have stayed in Canada and not tempted fate.

Best wishes to your friend. 

20 hours ago, ava_123 said:

I am from the Philippines. Unfortunately, I have a brother in the US who overstayed. I am planning to go to the US this August 6. I plan to stay there for only a month and a half. I have a contact person but our relationship is not related. She is just a family friend who happens to also be a US citizen. My problem here is that I'm a fresh graduate from college. There is a huge possibility that they will suspect me of working there. But truth be told, I only plan to go to New York and stay for a few days and meet up with my friends to go to Florida to go to Disney land and Universal Studios for a week and return to New York to spend my remaining days there shopping and sight seeing. Can you give me some tips and possible questions of the Port of Entry officer. And how can I further assure that I will be going back to the Philippines? 

 

P.S: I will be getting a roundtrip ticket and will leave the US August 5. and I also have been to the US 2x already (if this helps)

Maybe this form letter will help you.

My USC wife and I live in Niagara Falls, Ontario and we have a useless I-129 and an I-130 in the pipeline (didn't know about 129 being useless, but I digest). We both have Nexus cards and cross back and forth between New York and Ontario all the time. Back in August, I had the bright idea to actually ASK one of the U.S. customs officers about the legality of getting a B2 stamped in my passport and waiting out my application in New York, while crossing back to Ontario every day. 

I won't go into the whole story, because as it turns out, my question was ill-advised. I wasn't trying that day, just asking for the future. Anyway, the customs officer was actually quite nice once he found out I was just asking questions to avoid getting into trouble.

He gave me the letter of inadmissibility as a guide, even though I was not turned back. Hopefully, you will find it helpful in having everything Customs wants when you arrive. He said that if weVisitor Admissability Letter.pdf did decide to wait things out in Niagara Falls, N.Y. as a means of "re-establishing" my wife's domicile (in a country she's never lived before, I might add) to have all those details on hand when I cross, We decided to stay in Ontario. We still have our Nexus cards and we still cross and forth every day. 

The last time I related this story, I got a snide, smart a-- reply about how I was lucky I wasn't sent back, etc, etc. Well, yeah. Isn't that the point of this forum? Sharing your mistakes with your fellow VJers and hoping they don't make them? 

Best of luck, friend. 

Clark County, Nevada  allows the bride and groom to apply on-line, but you both still have to visit the office in Las Vegas personally to have it issued.  

My now-wife and I did that back on April 1, 2012. Then we walked around the corner to the Graceland Wedding Chapel and got hitched. Beautiful!

1 minute ago, Boiler said:

That makes no sense, B is effectively the status that  Canadians are admitted under, so you no doubt seriously confused them and were lucky to be admitted with those comments.

 

BTW nothing wrong with marrying in the US on a visitor visa. 

"B is effectively the status that  Canadians are admitted under, so you no doubt seriously confused them and were lucky to be admitted with those comments."

Hence, my advice to our friend here. 

I would strongly recommend AGAINST this course of action.

My USC/CDN wife and I live in Niagara Falls, Ontario, She filed the I-130 for me in early September. We both have Nexus cards and cross back and forth quite frequently.

Towards the end of September, I had the brilliant idea that, the next time we crossed the Rainbow Bridge, I would just "pop in and ask" about the legality of having a B2 stamped in my passport. That way, we could live in Niagara Falls, N.Y. thus establishing my wife's "domicile." I would continue to work at my job in Niagara Falls, Ontario, crossing back and forth every day.

We got sent up to a locked room with a couple of dozen other people. When our turn finally came, I explained to the immigration officer that I just wanted to ask a question. He was suspicious at first and demanded to know where we got this notion. that I could stay in the U.S. on a B2 while I wait out my I-130. He did advise my wife to file an I-129F (K3) and assured me it would be approved in a month. Uh, no...

To make a long story short, after having a fifteen minute conversation with two of the U.S. immigration officers, we were sent on our way. I was given a form letter that would normally be given to someone being sent back. However, I was, in fact allowed to continue on my business in Niagara Falls, N.Y. that day and I continue to cross on a regular basis. 

But I get the idea that merely asking the question could have gotten me in a heap of trouble.

Visitor Admissability Letter.pdf

I wouldn't worry about. I'm pretty sure U.S. government workers cuss, too.

Except the ones who work for the F.C.C. 

I work for a railway. My USC trophy wife works at a restaurant. Believe me, friend, she can make a room full of longshoremen blush!