mushroomspore

In this case, it WAS objectively rude for the IO to say that couples are expected to have children after a certain amount of time. He had no idea if OP is/was capable of having children or if they even wanted to. It's a personal decision to have kids or not and a couple isn't legally less deserving of approval if they don't have kids. If they have kids, great, show their birth certs to the IO. But for an IO to show their prejudice like that is highly unprofessional.

And where is the statistical evidence for this statement? Ontarkie said in their reply that their IO didn't care about their kid's birth certificate and specifically asked for co-mingling evidence. Not every IO is going to see children as "the evidence that trumps others". Yourself included apparently.

And where are the statistics that prove that USCIS looks more favorably on couples with children? If that were the case, why was I never asked about children or why I don't want to have children? Why was my process super easy, all the way until naturalization under the 3-year rule? And why were my other friends who went through this exact same process as me who also don't have children were not asked about children either and why was their process so easy then? What about the couples who DO want children but cannot due to severe medical and/or psychological issues?

As Crazy Cat said, it just sounds like your IO is a (bad word that I can't type out).

Umm, not true. Baby-trapping certainly does happen.

My ROC was also approved with no interview and we have no children and don't plan to. We were also never asked once throughout the whole process if we had children or were planning to. It's purely due to the individual IO and their bias. Some IO's do think that if a couple has children, it's "stronger evidence". But not every IO operates like that (and they shouldn't because the whole point is to be objective and adjudicate each couple on the basis of their unique circumstances) beause as pointed out, there are many couples who can't have children or don't want to. Not having children does not mean a couple is less in love or is less legitimate or is less bonafide than those do.

https://www.uscis.gov/forms/uscis-early-filing-calculator Use this to find out the earliest date you can file. 90 days is NOT 3 months exactly. I also suggest filing a day or two AFTER the exact first eligible day, not right ON the first eligible day to avoid any possible glitches of day/times being misread by the system.

For N400 under the 3 year rule, the earliest filing date is 90 days minus your 3-year anniversary as a permanent resident.

Again, without exact dates and the numbers of days in vs days out of the US, it is hard to advise. Continuous residence and physical presence are technically 2 different things and you need to fulfill both for N400. Link right here for info: https://www.uscis.gov/citizenship/continuous-residence-and-physical-presence-requirements-for-naturalization

You need to provide exact dates. Vague info doesn't help as citizenship does have specific numbers in terms of days inside and outside the US. You didn't abandon residency if you were let back in by CBP but you may not fulfil thr continuous residency AND physical presence requirements for citizenship.

You don't need to prove bonafide marriage under the 5 year rule and there is no effect. Why would it? It says very plainly in the N400 that for the 5 year rule, the main eligibility requirement is that you've been a PR for 5 years. No mention of marriage under that rule.

The only timing detail that matters about filing I-130 is that it must be done after you guys marry.

AOS is not available to you guys because yes, it is fraud to enter the US on a B2 with the preconceived plan of staying in the US to adjust. A B2 is strictly for tourism/visiting. AOS is only available to those who enter on K1 OR to those who enter on non-immigrant visas but their plans genuinely change after entry. Just FYI though, there is no "60 day" rule with AOS. K1 is annoying because you have to do AOS and yes the EAD takes a long time. Best option is CR1. Not sure how long it takes to get the green card but when she enters, she'll have a stamp in her passport that acts exactly the same as a green card. She can visit while the CR1 is processing but every visit is up to the discretion of CBP.

Just on the fact that it's important for him to travel means you should definitely go for CR1. K1 plus adjustment is cumbersome, annoying and he will most certainly go insane not being allowed to leave the US. K1 and adjustment of status are also separate processes, meaning separate fees for both, meaning a higher grand total when you add it all up. CR1 is a much more efficient process on the basis that it automatically makes the immigrant a green card holder/permanent resident upon entry with the visa.

OP's wife is Canadian. She doesn't need to apply for B1/B2 just to visit. She'd only need one if CBP eventually tells her to get one, which would probably happen due to visiting too much. Adjustment of status is not a viable option for you.

As Crazy Cat said in the first page and Jorgedig said above, there is nothing easy or quick about the US immigration system. No lawyer is going to encourage you to give up your US citizenship just for the sake of getting TN visas for both you and your wife. That is too permanent of a solution for a very temporary problem. And as I stated before, if separation time is this problematic for you, you have the option of just staying in Canada. Best of luck. I'm out now.

Research DCF then. I'm not an expert on that particular process so I can't advise. I only know that it is possible via the Montreal consulate and that it is rather quick if the consulate agrees to it.

His visa process was over when he originally entered with the CR-1 visa 2 years ago. You're only talking about his permanent residency process now. He's ok to travel and to return any time before his green card expires.

This question does come up a lot and I do sympathize because I know a lot of immigrants aren't comfortable with English and they're not completely familiar with US law enforcement and the legal system. However, it also kinda boils down to common sense. The green card is not granted by the US citizen spouse. The US citizen spouse only petitions for the green card, i.e they are formally asking the US government to grant the green card to their immigrant spouse. The green card is granted by the US government. Therefore, only the US government has the power and authority to revoke a person's green card and to deport them.

I'm telling you, this is why we need a big updated FAQ page.

No.

You share Canadian citizenship but not American and that is the issue. There is no reason to rescind your American citizenship. That process alone can take some time. You're better off filing I-130 and dealing with that.

I-130 is the easiest and fastest way for her to move permanently to the US without issues. Rescinding your American citizenship is an absurd idea. There's absolutely no reason to do that. Besides, even if you were to pursue that, that process PLUS trying to get an H1B or TN would take time. At the end of the day, it'd probably take around the same amount of time as just waiting for the spousal visa. You also would not be able to start your job right away. You'd have to wait for H1B visa to be processed and that can take a while. And there is no reason to pursue a non-immigrant visa. Not all non-immigrant visas allow for a green card, which is ultimately what your wife needs to live and work permanently in the US. Non-immigrant visas come with all sorts of conditions and restrictions that your wife would have to adhere to. She would also have to qualify on her own terms and merits for a non-immigrant visa, depending on which one you look at. Stick to the I-130. Sorry but if you're unable to handle some separation time, then consider just staying in Canada. Separation time is part of the deal if you're in a relationship where you don't have the same citizenship and must deal with these government legal processes.

Unfortunately, this is just how the process is with the US immigration system. As Boiler said, even if an expedite were granted, it still isn't lightning fast. Governments and bureaucrats take however long they take and the hard truth is that applicants are at the mercy of however long it takes. A lawyer has no power or influence in speeding up a case.

Every single entry is up to the discretion of the CBP agent she talks to every time she crosses the border. CBP will let her know at each entry how long they're allowing her to stay in the US for that visit. Being Canadian, she's unlikely to be turned away or denied entry. However, keep in mind that she will be declaring immigrant intent by filing I-130 and of course, CBP will know that. The onus is on her to prove that it is JUST a visit while the I-130 is pending and that she fully intends to return to Canada when CBP instructs her and that she will ONLY move permanently when her spousal visa is issued and not before that point. They will not allow her blanket entry for as long as she likes or allow her "easier access" just because you attempt to explain the situation to them. They don't do that for anyone.