theworldawaits

I noticed this website just posted an update.
https://travel.state.gov/content/travel/en/News/visas-news/phased-resumption-routine-visa-services.html

 

Thank you so much for taking the time share your thoughts. We really appreciate it!

So if I understand correctly.. we can apply for IR-1 around January 2018 and do the medical/interview in Canada sometime around early 2019? I'm assuming the medical/interview comes after the 12-14 month application process, and can be done in Canada sometime after we get that go-ahead? We will also make sure we have a rock-solid 'permanent mailing address' where somebody trusted can monitor our mail.

In regards to financial situation.. my wife also has her own freelance business with US clients, and is up to date on US taxes—so there shouldn't be any issues there. We also have a good amount in savings (in a US bank), so financial co-sponsor shouldn't be necessary (I hope).

I'm really encouraged to hear that it might actually be possible to what we had planned.. I was beginning to think it was unlikely..

Thanks so much for sharing!

Hey everyone,

I have a slightly complicated scenario, and I'd love to get your input about the best possible approach.

The Basics

- My wife is an American citizen, and I'm Canadian

- We've been married for three years

- We currently live in Canada but want to move to the United States

The Complicated Part

- We want to travel abroad for one year before 'settling down' in the USA

- Before travelling abroad, we'd like to spend 4-6 months in the USA

- We have an online business (registered in Canada) we'd like to continue working on during these times

The rough plan is to head down to California in January and spend 4-6 months there. After that, we would like to travel abroad for one year before settling back in the United States. I'm hoping that somehow we can apply for a VISA during this time, so when we return I'll have a Green Card.

We are in the planning stage at this point, so totally open to adapting our plan to make it easier to immigrate.

Any thoughts on how realistic this plan is? Any possible hurdles to overcome? Any ideas on when is the best time to apply, etc? I'm assuming we'll be applying for the IR-1 visa.

Also—is working on an online business (that is location independent) while visiting the United States illegal? 

Thanks so much for taking the time to hear our story. We really appreciate it!

Warm regards,

Jason

Wow, that is really good to know! I didn't know it changed so dramatically after you've been married 2 years! It seems that is the route to go..

So, if I understand correctly..

- Wait until 2 year wedding anniversary

- Apply for Spousal Visa at this time
- Wait around 1 year for processing time

- Get visa.. and move within 6 months

I'm assuming we have to wait for 2 year anniversary before we can apply this way.

So in summary.. we wait 2 years.. apply.. wait another year (or so) for approval.. then move?

Hey everyone,

My wife and I got married in August 2014 in the United States. My wife is an American citizen and I am a Canadian. We are currently living in Canada and plan to be here for about two years or so (due to work opportunities for me here in Vancouver).

That being said, we both see ourselves living in the United States long-term. Both of our families live there (my parents immigrated after I was 21) and we would like to settle there eventually as well. The reason for my post is to get some insight/advice on the best way to approach our eventual immigration to the United States as a married couple. If possible, I would to have a green card before we move down there so I can continue to support our family.

A few questions as we start to consider what lays ahead..

1. Is there anything I should keep in mind before starting the application process? I'm assuming we will apply via the CR-1 route...

2. Is it OK to apply when we are both living outside of the country? Will this affect our application (or the way we go about it?).

3. If we decide to pursue permanent residence for my wife in Canada in the meantime, will that negatively affect our application? (we haven't yet applied)

Any other insight/wisdom or advice would be greatly appreciated. Navigating all the governmental regulations to immigrating is quite overwhelming!

Thanks, and many blessings~

Jason

Duplicate thread with the same information removed. It is not necessary to make more than one thread on the same topic .

I'm sorry, I didn't know how to delete the other one (it was apparently in the wrong forum).

Please feel free to delete the other one, this one has some great gems of wisdom in it!

Thanks again everyone for all your help.

Thank you everyone for taking the time to answer my questions. This information will prove invaluable as I move forward. Thanks!

Sounds like a plan! So no issues with getting engaged/married while there as a visitor? As long as we leave the country and apply for VISA while both out of the country?

Hi and welcome,

The rough plan is to move there, get engaged and get married within six months. At that point, we will leave the US for one year to serve together abroad in Africa. Can I be in the US legally during the time before our marriage (and still make money)..? I am mostly concerned about the January - July 2010 timeframe... but also wondering about VISA implications if we decide to relocate to the United States after being abroad one year. She is a US citizen.

There shouldn't be any problem with your telecommuting while visiting the U.S. - visiting being the key word. Your main concern with this plan should be getting over the border without being turned back.

Although Canadians can stay in the U.S. for up to 180 days per entry - that is in no way guaranteed. If you went to cross the border today and told them your plan - that would probably be a 100% guarantee of denial of entry.

There is a very fine line between 'visiting' and 'residing' - the U.S. does not want you residing there without the proper visa. Therefore, when you arrive at the border you need to prove strong ties to a country of residence that is not the U.S. - based on what you are saying, doesn't look like you have that proof.

As for your second question. We don't have enough details to answer really. Could you possibly apply and interview at a local embassy or consulate near where you will be living in Africa? Maybe, depends where you are living. Different consulates abroad have different residency requirements for filing locally.

Alternately you could apply by mailing your application to USCIS in the U.S., possibly interview in Africa. Or were you intending to return to Canada and file from there? Bottom line, you can't just move to the U.S. after your trip to Africa, without applying for a visa.

You guys are awesome... thanks so much for helping me try to figure this out.

I used to live in Nairobi, Kenya.. and we will probably spend a significant amount of time there. I am familiar with the US consulate and could definitely look into applying (or interviewing) there. We are also open to coming back to Canada for awhile and applying for a VISA. We are both young, flexible and willing to do whatever legwork is necessary. We will have some obstacles, no doubt... but I'm confident that we can make it work. We just want to make sure we do everything right, and legally.

If I went to the US in January as a visitor.. proposed.. left and came back (will need to go to Mexico in May).. and then got married and left the country together (staying within my 180 day limit).. is there any issue there?? We will do all our filings/applications while we are abroad together. This seems to make sense, but I really want to make sure I'm not overlooking any key issues.

~

As for the short-term plan.. I have a permanent mailing address in Canada, Canadian bank account, Canadian clients and can even get an official letter from my big client (largest bank in Canada) about our business relationship. I hope I can easily prove my ties to Canada through these things. I will not be 'residing' in the US... it is more of a vacation, while occasionally meeting the requests of client's back home. I spoke to the CBR at Pearson Airport today and they said it shouldn't be a problem. Hope I get the same guy before my flight!

Thanks so much for engaging in the conversation.. your input is much appreciated!

You could do that, but you would then have to have her import you when you come back to North America. You will not have any status in the US when you come back. You would have to remain in Canada. Until she can bring you into the US.

You cannot get a TN when you are married. TN is non-immigration intent and you will be denied if you are married already.

You also cannot just come across the border with intent to marry without the proper paper work K-1 visa etc. If you do there's a good chance you would be found out if you lied to the officers and risk a ban.

You need to research how the entire fiance visa works. Just remember if you do go through the process (not sure how long it takes, many on here can tell you a time frame), you will not be allowed to work and live outside of the US for a year without losing all your status. You would have to start all over from the begining.

Best bet is to go right now and do the Africa thing, then when you come back file for the K-1, wait for all that to be completed, then move to the US legally and get married...

You bring up a lot of great points. Thanks for responding. Let me attempt to navigate through them...

Doing the Africa thing is not a possibility until we are married. We will not travel or live together until we're in wedlock. This is our personal conviction so it's really important that we're married before we begin our life/travels together.

For all intents and purposes.. I wouldn't be lying at the border because I have no idea if I'm really going to get married in July. I haven't even popped the question yet! (shh). I am hoping to get engaged in February. That is the first step of action. I was hoping to stay there as a visitor if she says YES and we need to figure out marriage plans - but I'm open to going back to Canada if I need to. I just want to this right and make sure we are doing everything honestly and according to the laws of the land.

Would it be better if I got a TN VISA before going down there to pop the question? I qualify and could probably get one if needed.

Can you get married before the K-1 goes through? I'm not down with this 6-9 month engagement length...

BIG question: How can I visit the United States, pop the question, and get married within six months. I don't need to get a VISA right away - but I want to make sure I don't do anything wrong and ban myself from getting one in the future. She is also open to working in Canada if it's easier to get a VISA up here (after we return from Africa).

This stuff is so complicated... what ever happened to falling in love and walking into the sunset together happily ever after..?? =P

Hey there.. been checking out the forums, great resource! I couldn't find the answers to my specific question, so I'll post them below. =)

A summary:

I'm a Canadian madly in love with my longtime Californian girlfriend. The rough plan is to move there, get engaged and get married within six months. At that point, we will leave the US for one year to serve together abroad in Africa. Can I be in the US legally during the time before our marriage (and still make money)..? I am mostly concerned about the January - July 2010 timeframe... but also wondering about VISA implications if we decide to relocate to the United States after being abroad one year. She is a US citizen.

Some details:

I have a small Canadian freelance business.. with Canadian clients who pay me in Canadian dollars. For all intents and purposes, I will be a Canadian resident taking a sabbatical to work/travel abroad for six months (some of which in the US) while continuing my freelance business remotely (and keeping my clients happy while I'm away!).

As I do research, however, I see that this may be a problem (or maybe it's not?). I've read that I can't do freelance work while in the US even if it's for Canadian clients. I will not be spending more than six months in the United States, and I will not be doing any work for a US employer.

Can anybody direct me to a website or law that specifically stipulates that I cannot do Canadian freelance work while in the US?

Alternatively, is there any scenario where I COULD work for my Canadian clients while in the US? If I am approved for a B-1 or TN visa... can I continue to carry on my work with Canadian clients? I may be able to find a flexible job for the TN (since I qualify).. or participate in a voluntary activity to qualify for a B-1 (I have connections through church).

During these six months, I will continue to have a permanent residence in Canada and can also prove I have sufficient funds to stay for six months. Does this make any difference?

I really want to make sure we are above reproach and doing everything according to the US laws. Any advice or suggestions would be greatly appreciated!

Thank you kindly for providing this great resource. I really hope I'm posting this in the right place!

Warm regards,

Hey there.. been checking out the forums, great resource! I couldn't find the answers to my specific question, so I'll post them below. =)

A summary:

I'm a Canadian madly in love with my longtime Californian girlfriend. The rough plan is to move there, get engaged and get married within six months. At that point, we will leave the US for one year to serve together abroad in Africa. Can I be in the US legally during the time before our marriage (and still make money)..? I am mostly concerned about the January - July 2010 timeframe... but also wondering about VISA implications if we decide to relocate to the United States after being abroad one year. She is a US citizen.

Some details:

I have a small Canadian freelance business.. with Canadian clients who pay me in Canadian dollars. For all intents and purposes, I will be a Canadian resident taking a sabbatical to work/travel abroad for six months (some of which in the US) while continuing my freelance business remotely (and keeping my clients happy while I'm away!).

As I do research, however, I see that this may be a problem (or maybe it's not?). I've read that I can't do freelance work while in the US even if it's for Canadian clients. I will not be spending more than six months in the United States, and I will not be doing any work for a US employer.

Can anybody direct me to a website or law that specifically stipulates that I cannot do Canadian freelance work while in the US?

Alternatively, is there any scenario where I COULD work for my Canadian clients while in the US? If I am approved for a B-1 or TN visa... can I continue to carry on my work with Canadian clients? I may be able to find a flexible job for the TN (since I qualify).. or participate in a voluntary activity to qualify for a B-1 (I have connections through church).

During these six months, I will continue to have a permanent residence in Canada and can also prove I have sufficient funds to stay for six months. Does this make any difference?

I really want to make sure we are above reproach and doing everything according to the US laws. Any advice or suggestions would be greatly appreciated!

Thank you kindly for providing this great resource. I really hope I'm posting this in the right place!

Warm regards,