Where to start the process?

[HiThere 0]

My sister an American Citizen is 63 years old. She married a Canadian citizen in the late 1960's in Florida and they went to Canada to live where he was a school teacher (now retired). They have always visited back and forth over the decades. (It was much less a problem than it is now.)

When he retired about six years ago they bought a house for cash in Orlando which is in my sister's name. Since that time they have spent the winters in Orlando in their home and the summers in Canada. My sister's husband has NEVER overstayed the allowed six months.

One of my sister's daughters choose to live in the States and she is now married with two children living outside Orlando. She is a U.S.citizen and carries a U.S. passport.

Long story, short this daughter and one of her children now have serious health issues. My father who also lives in Orlando is not doing well. My sister is quite worried that something will happen during their six months in the states to one of these people and her husband will be forced to leave due to the six months limit thus having to leave her behind. This would be particularly bad if it was a life threatening situation with their daughter.

So, they are going to get him a green card after all these years. They plan on being back in Florida the last of November.

The question are:

1. Should they wait to start the process of the green card until after they get to Florida for their six month stay? My sister no longer drives and she can't fly so if her husband was held up at the border she would have great difficulty getting to Orlando. I understand that once you start the Visa process Canadians can be held up at the border if the process is not completed.

2. My sister has been mostly a housewife while they raised their family. They have a good pension from the Canadian School system for her husband. As I said, she owns her home without a mortgage in Florida. Will there be a financial problem since she has no income of her own?

3. Medical issues. My sister's husband had a heart valve replacement but is now quite healthy. Will this impact his being able to get a visa?

Thanks for any guidance

[inloveVEN 46]

Hi

I am not sure I am understandIng you but If they don't want to emigrate I don't think they need to start a process. He could ask for an extent ion of his i94 which is a perfect legally process. But in case they want to Emigrate, well they should start the process

Edited July 25, 2011 by inloveVEN

[HiThere 0]

He wants to be able, if he chooses and their daughter needs him, to stay in the states full time after his father, who lives in Canada and is in his 90's, dies. His father is sound medically but is failing mentally. Thus they are currently helping caretakers of relatives in two countries. It is difficult.

The only house they own is in Florida. When they are in Canada they now rent. After his father passes he will have more options if he has a green card. Life is uncertain and their daughter has life threatening health problems with two small children.

Edited July 25, 2011 by HiThere

[canadian_wife 1,808]

Hi

I am not sure I am understandIng you but If they don't want to emigrate I don't think they need to start a process. He could ask for an extent ion of his i94 which is a perfect legally process. But in case they want to Emigrate, well they should start the process

Canadians are typically not given i94s when they enter the US as tourists

Op - part of the issue is there is a residency requirement to be a PR, have they thought about that?

Good luck

[HiThere 0]

Sorry to be stupid but what residency requirement for my brother in law and where would we be talking about?

gail

[canadian_wife 1,808]

http://www.uscis.gov/portal/site/uscis/menuitem.eb1d4c2a3e5b9ac89243c6a7543f6d1a/?vgnextoid=3f443a4107083210VgnVCM100000082ca60aRCRD&vgnextchannel=3f443a4107083210VgnVCM100000082ca60aRCRD

Good luck

[HiThere 0]

Re: Residency Requirement

I don't see any problem with that. It seems kind of vague. Essentially what they will be doing is the reverse of what they have been doing for 44 years. They would consider Orlando home and go back to Canada for visits. It seems like the chief requirement will be to file income tax here?

gail

[SapphireDreams 71]

Hmm, there are a few things to consider here.

First, in order to fulfill the residency requirements, they'll need to live in the US for 6+ months/year. Sounds like that's easy enough for them to do. However, keep in mind, if they are no longer Canadian residents, they will lose their healthcare benefits from whatever province they reside in and will need to figure out healthcare in the US. Also, you need to be really careful when they say they want to get a greencard for convenience purposes or just in case purposes. I would probably start thinking of it more in terms of "I'm moving to the US permananently" and not "I might need to live in the US for longer than 6 months" Either you are immigrating or you're not. Sure there's some leeway, but the US immigration won't see it that way, so just keep that in mind.

Taxes will also definitely come into play here, the US citizen should've been filing taxes in the US, and should probably look into what taxes need to be done from previous years. I think it's the most recent 3 years, but I'm not exactly sure.

The financial aspect should be easy to overcome. I'm not sure how the pension will factor in, but if they have a co-sponsor to help, then that will work. They can also probably use cash assets if they have any. I'm sure there will be more experienced members here who can answer this question, but it sounds like this won't be a huge issue as long as they have co-sponsor options. The fact that the US citizen has a house in the US is great. They should also register to vote to show domicile.

I'm no expert, but sounds like the CR1 visa is going to be the best option since the DCF is ending in August. They should take a look at the Guides at the top of the page to figure out what they need to do. In their circumstance, it can't hurt to start the process while they are already in the US, but keep in mind the Canadian will need to travel back to Canada to complete the medical and interview in Montreal and ensure they don't spend more than the 6 months in the US until they get their visa.

[HiThere 0]

The end goal is for my brother in law to become a U.S. naturalized citizen in the shortest amount of time which I understand is three years after the green card has been issued. They should have done this decades ago but it was always a back burner sort of thing. He would then have dual citizenship in the U.S. and Canada. Until 9/11 they went back and forth at will and no one kept track of how long anyone was in one place or another. Now things are much more difficult. Our border is not as friendly.

He already has a social security number because he was living in the states for years as a teenager with his parents. From my reading I don't think that counts for anything.

My sister votes already in Florida. I know this because our politics are opposite and in National elections we cancel each other out. They currently only own property in the United States where they both spend six months out of every year. They would like to spend more time in the states if our government would only allow it. Our government doesn't currently want him down here longer than six months a year so he needs to work towards citizenship. They both want to end their lives in Florida.. my sister has been homesick for over forty years.. so it is her turn to live most of the year where she grew up. Everything they own (all their household furniture etc) is in Florida. They rent furnished in Canada when they are up there. Their car is registered in Canada. I don't know why.

I just was unsure if he would get in trouble at the border the last of November as they head back to Florida if he is in the process of applying for a green card. My reading tells me he might and that would be horrible for my sister so I was thinking he should wait until he gets to Florida to start the process.

Is there a downside for starting the process for a green card while he is in Florida?

I appreciate so much everyone's help. This is like walking through mud.

gail

[SapphireDreams 71]

^^ I honestly can't see it being difficult for them to get a greencard. It'll just take some time, so they'll just have to be patient as they go through the process and as long as he resides in the US for 6+ months/year then they'll be fine.

I also see what you're saying about 'working towards citizenship' but again, that kind of wording could potentially get you in trouble if he's not planning to become a resident of the US and is simply applying for a greencard for convenience purposes until he is able to become a citizen. He'll need to intend on having their home base in the US once they get the visa, so taxes, healthcare, banking, etc., which sounds like is already in place. He'll just need to be careful about also cutting ties in Canada. The last thing he wants is for the US to think that he's not spending enough time in the US and getting his greencard revoked. But that's neither here nor there, since first he needs to get the visa!!

I would suggest that they read this CR1 guide on how to get started: http://www.visajourney.com/content/i130guide1

The only downside to waiting until they get to Florida to get the process moving is that it would just push the visa back. If they can apply asap, then the sooner they'll get the visa. They are looking at around 10-12 months I believe. They might even look into doing DCF before they discontinue that process in August: http://www.visajourney.com/content/dcf as it would be quicker but not sure if it would work logistically.

[bigdog 376]

My sister an American Citizen is 63 years old. She married a Canadian citizen in the late 1960's in Florida and they went to Canada to live where he was a school teacher (now retired). They have always visited back and forth over the decades. (It was much less a problem than it is now.)

When he retired about six years ago they bought a house for cash in Orlando which is in my sister's name. Since that time they have spent the winters in Orlando in their home and the summers in Canada. My sister's husband has NEVER overstayed the allowed six months.

One of my sister's daughters choose to live in the States and she is now married with two children living outside Orlando. She is a U.S.citizen and carries a U.S. passport.

Long story, short this daughter and one of her children now have serious health issues. My father who also lives in Orlando is not doing well. My sister is quite worried that something will happen during their six months in the states to one of these people and her husband will be forced to leave due to the six months limit thus having to leave her behind. This would be particularly bad if it was a life threatening situation with their daughter.

So, they are going to get him a green card after all these years. They plan on being back in Florida the last of November.

The question are:

1. Should they wait to start the process of the green card until after they get to Florida for their six month stay? My sister no longer drives and she can't fly so if her husband was held up at the border she would have great difficulty getting to Orlando. I understand that once you start the Visa process Canadians can be held up at the border if the process is not completed.

2. My sister has been mostly a housewife while they raised their family. They have a good pension from the Canadian School system for her husband. As I said, she owns her home without a mortgage in Florida. Will there be a financial problem since she has no income of her own?

3. Medical issues. My sister's husband had a heart valve replacement but is now quite healthy. Will this impact his being able to get a visa?

Thanks for any guidance

Your biggest hurtle might be permanent residency.