CanuckGurl

I'm not an expert by any means but as a Canadian wife going thru this process (NOA2 is on the way as of yesterday WOOHOO!!) I can tell you that your husband can visit the US while you wait for the paperwork to be processed and vice versa.
At the border I was required to show ample proof of my intention to return to Canada at a specific time. I brought bank records, a plane ticket and a letter from my employer stating that I was required back at work on a specific date.
I'd recommend bringing as many documents as you can to prove your husband will not be staying permanently until he has the proper documents permitting him to do so. If he owns his house a copy of the title/mortgage/property taxes/insurance would be a good idea I'd think.
If he goes thru what I have gone thru each time I've crossed the border since Jun/10 when we applied for our Visa, he will be spending quite a bit of time with the border guards in their special rooms, but don't be nervous, simply be honest with any questions asked.
I entered the US on Oct 4th and won't be returning to Canada until Jan/11, so your husband should be able to visit for a couple of weeks (barring having a border guard having a bad day).
Good luck!

It is a big adjustment. You don't realize just how different the US is until you get here - and that makes missing Canada so much stronger because the things you thought wouldn't be so different, are and it is a lot of work to try and re-establish your comfort zone when your familiar reference points no longer work. The first few months are really hard as you try to re-craft a new life for you in a totally different environment that looks like it is the same but is unexpectedly different and has distinctly different rules. It can be very disconcerting at times.
I still miss Canada at times - it will always be the home of my heart - although I have built for myself a life here in the US. It is definitely a different type of life than I had or would have had in Canada and that is one of the first things I had to come to terms with - and give up, the thought that my life here would be like my life in Canada. Once you make that adjustment, then you are able to start making the one you have here now, work better - and eventually, you will find your niche here as well. The homesickness won't go away all at once and will still come back at time, but it becomes more and more manageable.
Hang in, ok. Once you are able to get out and about and travel and work it does become easier too. What helped me a lot that first year was having friends from Canada come and visit to 'see' where i now lived. Maybe that is something to consider?

Fraud review cases are not frivolous, so there have to be some red flags in your documents, his immigration records, or his conversation at the embassy--put yourself in the shoes of the officer and see what smells fishy--then see what you can do to provide documents or explanations that you will have to provide to get through this.

http://www.staples.com/Staples-Metal-Binder-Clips-Black-Assorted-Capacities/product_378813
Binder clips!!! the smallest ones are not bulky and so wonderful to stay organized.

#1 question asked on this forum! Simply put, yes, BUT it comes down to the POE officer. So ensure you have ties to Canada AND a back up plan in case they deny you entry! Most have no problems, but 1 has to be prepared.
I thought the k3 process was dead? Really only makes sense if ur going through Vancouver.

Thank God finally the process is over after almost 9 long months of waiting and processing. Thank you all the VJ's for helping. Without VJ and all the good helping people here I would have been lost in the process.

This is a follow up to this thread.
My fiance had a table set up with a bunch of Canadian goodies! Aero bars (both regular and mint), Cadbury caramilk and Dairy Milk bars, Jersey Milk Bars, Smarties, Maynards and Allan Candies, big bag of Rockets, Ruffles Ketchup and All Dressed chips, gravy for poutine, Tim Hortons cappuccino mixes, Peach juice, Gravol (cuz I get motion sickness and Gravol is my BFF), Neo-Citran and of course, KD!
He also got me a few other gifts; a deep fryer and veggie slicer (I really wanted to make my own fries as it is something my mom does and I will miss it), Canada flag, pins, some socks with maple leafs and others that look like an American flag, and a few other things. Totally amazing!
This really made me feel welcome here. I am so happy to finally be with my fiance! So happy!
Thank you everyone who gave him ideas and such. We read through his thread last night together and I told him I had NO IDEA! I never would think of Pastrychef being my fiance!
Here are some photos of his Canadian set up for me

I worked for a Canadian provider for years until I moved, so I can tell you that despite having the same country code it's entirely up to the provider if they differentiate between US and Canada for texting costs, no matter where you are. My Fiance was also with T-Mobile who changed it. Same goes in Canada where for example Rogers charges separately for texts to the US and some other providers include the US in their Texting bundle. Best bet is to call and ask specifically, and don't let things like roaming get involved, or you're liable to get misinformation as that means different things to different people in the industry and its a huge pain in the ####.

Very true - it's a "buyer beware" type of market right now. H&R Block has the advantage of being a well known tax place (and they guarantee their work too which is nice).
Some preparers are better than others, just like any business.
Best of luck to those who have to file this stuff!

OMG HE GOT THE VISA!!!!

Well, we are moving back to the UK. Not for any of the reasons listed above but because Glyn's Dad is ill, and older and he just misses his family. He really loves it here in New Hampshire as do I. Saying that though, we both love England. A general statement that one country is better than the other is unfair....both countries are beautiful in their own way...and both have MAJOR problems. I feel really lucky to have the option to live in either place.

Finally!
I cannot wait for my PoE in less then 2 weeks time!
Thanks so much for all the help, VJers!

You have to send in W-2s if you do a I-864EZ. I choose to do I-864EZ. I don't see why not. Using I-864EZ demonstrate your confidence that your financial condition meets the requirement pretty well and you want to use the simpler form. So I see no harm using it. The NVC already says they looked at my AOS package and see no problem at all.

You can only sign up for home delivery AFTER you've had your interview and only AFTER the visa has been shipped out and you have a waybill number. You can see the instructions here: http://usvisa-info.com/en-CA/selfservice/us_courier_information It's near the bottom, the last section on that page.

As of two days ago I crossed the border and am home! I can't get over how weird it feels! My mind keeps playing over and over (in different variations), "WOW, I LIVE here now". After two years of visiting my husband, I was quite used to being a guest! I have already unpacked most of my belongings (didn't have much). Now I'm sitting here in a bit of a daze and thought I would hop on here and ask other people who have recently moved to the US how they are feeling? I think I will miss Canada quite a lot, however I will be going back a lot to visit family so hopefully that will prevent any serious home sickness from coming up! Most importantly, I am now residing with my most amazing husband! I thought this day would never come and cannot believe it finally has!

You're lucky you got it so fast. Some of us waited longer than that!

Well, it is almost over !!
We had our interview today at the San Jose Costa Rica embassy, and other than taking quite a bit longer than we thought, it went without a hitch and Emma Rosa can pick up her passport with her visa Monday afternoon. We'll post all the details at the Costa Rica embassy portal.
She won't be coming to the US until late October or November since she has some business to wrap up here in CR first, and I'm headed back to NJ Sunday--9/11--and I expect lots of extra scrutiny at the airports since it is the tenth anniversary. I don't know about you, but I will certainly pause a bit in my travels and be thankful that we live in the US and that we are all trying to bring our loved ones home to build a good life. Immigrants are the backbone of our country--documented or undocumented--so let's all do our part to make it a better place each and every day.
I want to wish everyone here the very best wishes, and no, you can't get rid of me that easy just because we are done for awhile. This is like a huge extended family to me and I will stick around until I don't feel helpful--I hope that means forever.

Well..wow. That was a lot of reading. I felt that I needed to respond to this because my situation is similar (feel free to read my timeline in my signature for details). We visited back and forth for over a year, and during my last visit here, he proposed, we got married. We've lived together before and each time I came here to visit and each time I went back home. We have tons of proof of marriage, there was no intent to immigrate, that doesn't mean that I don't have the right to apply for AOS because other people go through K1 or CR1 processes and have to be away from their loved ones. Each case is different, some get approved, others denied, it's a scary and long process that we all just want to get over with.
Back to topic, he asked for advice, I didn't see him state that it was her intention to immigrate, most couples live together while they're visiting anyway so that has no bearing on the situation. My husband and I did this without a lawyer, if you can read, you can fill out all the forms and send it in without problems, if there's something missing, they'll send you an RFE, Bottom line, if the during the interview they suspect that you committed visa fraud, then you have a problem, however, no one can know that but you. The steps my husband and I took:
1) Did a lot of reading on VJ and USCIS.
2) You (the petitioner) will need to file form I-130 for your wife
3) Your wife (the beneficiary) needs to file the I-485 and I-765 (for employment) and the I-693 (medical exam from a civil surgeon)and also there is the I-864 which proves that you are able to support her financially.
4) Form G-325A (biographic) for both of you.
5) Form G-1145 for email and mail notifications.
Each form comes with a separate instructions file and the required papers that need to be attached to each form are listed. It will require a lot of reading and concentration but it can be done.
Certain evidence that the marriage isn't a fraud is also required to be submitted, like pictures, affidavits (which a sworn notarized statement from people who know you), joint bank account, property, etc. All this information is available for you under the forms section on the USCIS website.
There are also certain lawyers that will give free consultation over the phone. IF you feel that you need it, use it and if you feel that you'll feel better to have a lawyer, I would hire one. Regarding the overstay of your wife, If you get your notification that your application has been received and under review, she is not allowed to leave the country or the application will be considered abandoned and you will lose the fees you paid and have to start over. If she does overstay before the notification, I believe it will be forgiven since she is married to a USC.
Good luck.

first of all, the OP has not yet confirmed whether or not she originally entered with intent to marry and stay. As much as those who had to wait out the K1 process often think it's unfair to be able to AOS from a tourist visa within the US and avoid being apart from your loved one, there are occasions when a foreigner enters the country under a non-immigrant status - be it tourist, student, work, or VWP - without an intent to immigrate, but ends up marrying a USC and adjusting status. That is perfectly legal.
If the OP did in fact mean that he invited her to MOVE here permanently, and she used a tourist visa to come here, then yes - she should not try to AOS from that status. I don't think it's necessary to go on a rant quite yet about illegalities and visa fraud, when to me it seems pretty clear the OP is not aware of the regulations and requirements and is here to ask for advice to be able to choose the right way to continue.
jonDutch - if your wife entered the US using a tourist visa, with the intent to move here, marry you and stay here with you permamently, then she cannot adjust her status with the I-485. Using a non-immigrant visa to enter the US with the preconceived intent to immigrate here is not allowed.
What you can do is have her return to Brazil BEFORE her I-94 expires, and take the CR-1 route and apply for a spousal visa. It will take a while (9 months, give or take), but it will be cheaper, safer, and she won't have any periods of not being able to work once she gets to the US.
Read the guides here on VJ, take a look at the forms and instructions, and talk with your wife. Though AOS might seem like a tempting choise, if you planned for her to stay here permanently before she came, I personally don't think it is a risk worth taking.
Boa sorte para você e para a sua esposa!
Addition: Personally I see no reason to scare them with these "you have to get a lawyer" statements. If she did not have intent to stay, it's a perfectly straight forward AOS. If she did, she can return to Brazil before her I-94 expires and go for the CR-1.

I create this topic to thanks you for VJ members whose helped me and my hubby went through the whole CR-1 process.
After 15 months of waiting, my hubby finally received a final letter from China Guangzhou consulate about his visa is approved.We are so excited because we will start our new journey soon. The waiting is worth. I hope all petitioners and their beneficiaries will go through this process easily. Good luck !