Lawyer for CR1?

[Moyo 0]

Hey there,

Is it advisable to get a lawyer to file my CR1 ? Has anyone seen it go quicker this way? Anyone know the average costs of a lawyer for this?

Also, my wife is unemployed at the moment and I am wondering how I can have her stay up in Canada with me while the paperwork goes through.

Thanks!

[Ryan H 3,810]

Hiring a lawyer will not make the process go faster. I've seen many posts on VJ from people who hired lawyers only to have the lawyer screw things up resulting in delays.

As far as costs go, it will depend if they charge a flat rate to handle your case or if they charge by the hour. Either way, it would not be cheap.

[belinda63 3,022]

Question, do you have a co-sponsor? If your wife is unemployed you will need one to meet the 125% of the poverty level.

[Inky 1,110]

Canada is very strict on US domicile, you will want to go to the pinned topic. If the USC is living in Canada there could be large delays because of proof of US domicile. Having a job in the US and living in the US are big keys to proof of domicile.

[canadian_wife 1,808]

From experience, lawyers actually slow up the process. If you do not need one (ie. you do not have a complicated case) you can go without

Also, your wife can 'stay' in canada as long as she is authorized. However, as Inky said, Montreal is VERY VERY strict about domicile. A visa will not be issued until the USC can prove domicile in the US - to do this, a place to live and a job is almost mandatory

Good luck

Edited May 5, 2011 by canadian_wife

[Moyo 0]

Canada is very strict on US domicile, you will want to go to the pinned topic. If the USC is living in Canada there could be large delays because of proof of US domicile. Having a job in the US and living in the US are big keys to proof of domicile.

We have her parents as co-sponsors.

[Inky 1,110]

We have her parents as co-sponsors.

Does not matter, co-sponsor does not have anything to do with proving US domicile. You need extreme solid proof of USC domicile if she is living/staying in Canada with you or they will hold your passport and not issue any visa until the proof is sent and is sufficient. They are VERY strict. A job in the US a property in the US and living there are the top key parts they want to see.

Would be better if she stayed in the US and only visited occasionally. That way you would not have issue with US domicile.

[missingmycanadian 0]

I am a law student in my final year of law school, and I would honestly recommend not hiring a lawyer and doing it yourself. There are so many intricacies associated with each difference consulate, which even professional immigration lawyers are not aware of. It is definitely a lot of work to go through the process by yourself, but it could be rather expensive to hire an attorney do the work for you. I'd imagine you'd be looking at a $2,500 retainer. Additionally, you will probably spend a lot of time providing an attorney with the information required to fill out the forms anyways. VisaJourney is an excellent resource with a very, very helpful and knowledgeable community, and has helped me immensely in my fiancee's visa application process.

Disclaimer: Nothing written above should be taken or relied upon as legal advice.

[s&c1 3]

My fiance and I hired a lawyer (we didn't know we didn't need one) BIG BIG mistake!!!! I cannot stress this enough!!

I wish I would have found this site before we hired him. He has done nothing for us but cost us 2 RFE's so far!!!

And precious time to get our Visa.

I hope someone learns from our very costly stupid mistake...

Good Luck

[Flames9_RN 358]

We used a laywer-BEFORE we found VJ!! Huge waste of $$$$$$, Think it was $2000 plus filings. Really all they are in straight forward cases are $$$$$ proof readers. YOU collect all the info, required documents (long form birth cert, police background checks, divorce records, etc etc etc) Take the time, read the GUIDES ON VJ and ask questions!! BUT READ THE GUIDES!!!! It gives you step by step instructions! No 1 cares more about ur case than YOU!! Welcome to VJ and good luck

[Moyo 0]

Does not matter, co-sponsor does not have anything to do with proving US domicile. You need extreme solid proof of USC domicile if she is living/staying in Canada with you or they will hold your passport and not issue any visa until the proof is sent and is sufficient. They are VERY strict. A job in the US a property in the US and living there are the top key parts they want to see.

Would be better if she stayed in the US and only visited occasionally. That way you would not have issue with US domicile.

I probably will not get a lawyer after reading everyones nightmares.

We can prove domicile pretty easily. Crossing the border does not seem to be a problem for us. We have crossed countless times. The officer usually asks who is filing for what. We say CR1 and they let us go without any questions. Also I read for USC visiting Canada can be for no longer than 6 mnths. I have read conflicting things that they are allowed 180 days per calendar year or, 6 mnths with one overnight in USA and 6 mnths resets. Not a problem for us as we often spend 2 weeks to a mnth in the USA 5-10 times a year. Why cant we just do that until CR1 goes through? We have a rare opportunity to do this as our volunteering jobs take us everywhere.

[Krikit 1,163]

We can prove domicile pretty easily. Crossing the border does not seem to be a problem for us. We have crossed countless times. The officer usually asks who is filing for what. We say CR1 and they let us go without any questions. Also I read for USC visiting Canada can be for no longer than 6 mnths. I have read conflicting things that they are allowed 180 days per calendar year or, 6 mnths with one overnight in USA and 6 mnths resets. Not a problem for us as we often spend 2 weeks to a mnth in the USA 5-10 times a year. Why cant we just do that until CR1 goes through? We have a rare opportunity to do this as our volunteering jobs take us everywhere.

It is not us you have to convince.... it's the border officials. Crossing the border is not a problem for most Can/Am couples. There is a six month limit per stay but the border official can always refuse the entry or limit the length of the stay. There is no set period of time a visitor must wait to "reset the clock", but if they are spending more time in Canada than in the US, they will need very strong ties to the US to prove that they are not residing in Canada. The same goes for Canadian citizens visiting the US, of course. Not having employment in the home country is a red flag for the officers.

[S and P 9]

We can prove domicile pretty easily. Crossing the border does not seem to be a problem for us. We have crossed countless times. The officer usually asks who is filing for what. We say CR1 and they let us go without any questions. Also I read for USC visiting Canada can be for no longer than 6 mnths. I have read conflicting things that they are allowed 180 days per calendar year or, 6 mnths with one overnight in USA and 6 mnths resets. Not a problem for us as we often spend 2 weeks to a mnth in the USA 5-10 times a year. Why cant we just do that until CR1 goes through? We have a rare opportunity to do this as our volunteering jobs take us everywhere.

my fiance had NO problems with border crossings and did it many times....until that ONE TiME....he got a real jerk of a BP officer...(my fiance' was temporarily umemployed) ...long story short...it was a red flag and resulted in my fiance' getting not only turned away at the border....but his name was now "in the system" and it has been impossible to cross without a hassle has been turned away a few times even though he's got tons of ties to his home country.... so you should be prepared for that possibility

[Flames9_RN 358]

You soon learn 1 thing when it comes to being allowed into the USA--the POE officer, a lot of it comes down to that 1 person!! You could have 100% concrete eveidence that one is going to return to canada--and u could still be denied entry!

[Shorah 2]

You soon learn 1 thing when it comes to being allowed into the USA--the POE officer, a lot of it comes down to that 1 person!! You could have 100% concrete eveidence that one is going to return to canada--and u could still be denied entry!

Exactly. I have crossed tons of times and had no problems except for one time. I crossed the same as I always do with all the same stuff and they felt that my ties to Canada were not strong enough. So they sent me through a secondary immigration inspection where they grilled me (made me cry) and ripped my bags apart. I got through eventually but I had missed my flight so I had to wait around for hours for the next flight.

Plus I`ve been terrified of getting denied everytime I cross ever since.

But the next time I cross I will be using my K-1 so no more hassle from them!

Edited May 6, 2011 by Shorah