Green Card - How Long Before Moving

[mahalia55 0]

I am a USC married to a Canadian citizen. We have sent off the i130 and now we're playing the waiting game. My question is once my husband receives approval, how long can he wait before moving to the US? He will need to give notice at his work, on his apartment, etc. so it may be a couple of months until he can officially move. Will that be ok? Is it best for him to "land" while visiting me and get the stamp, have the official green card mailed to mine but return to Canada to wrap things up? Or not enter the US until he's actually moving. We both want him to move here as soon as possible but it may take a bit of time.

Thanks!

[Saylin 1,605]

I am a USC married to a Canadian citizen. We have sent off the i130 and now we're playing the waiting game. My question is once my husband receives approval, how long can he wait before moving to the US? He will need to give notice at his work, on his apartment, etc. so it may be a couple of months until he can officially move. Will that be ok? Is it best for him to "land" while visiting me and get the stamp, have the official green card mailed to mine but return to Canada to wrap things up? Or not enter the US until he's actually moving. We both want him to move here as soon as possible but it may take a bit of time.

Thanks!

Well, you've still got about 9 months roughly before your spouse is going to be legally allowed to move.

Breakdown:

~5 months at USCIS waiting for the I-130 to be approved

~2 months at NVC, paying fees and sending packages

~2 months till an interview after case complete at NVC

After a successful interview, your spouse will receive a visa in their passport. They'll then have up to 6 months typically before it expires.

At that point, with a visa in hand, your spouse can choose to activate it at a POE, essentially starting the green card/SSN proces to be issued. They can then return back to Canada to tie up a few last ends. But, make sure your spouse doesn't remain too long in Canada doing this as they have to maintain residency in the US. If it's just a few days or weeks, then it's fine.

Edited May 10, 2012 by Saylin

[oyinko 0]

He can come on a visa tourist in the USA during the processing.

That's what I did.

I got approved in one month after filling (us citizen residing abroad). Then I did the NVC things in not month and move to USA until I get my interview date. Then he will go back to Canada for the Interview & Medical examination. If he is approved, he will receive his visa in 10 days.

Just be sure to not stay more than 3 month in the USA.

[Saylin 1,605]

He can come on a visa tourist in the USA during the processing.

That's what I did.

I got approved in one month after filling (us citizen residing abroad). Then I did the NVC things in not month and move to USA until I get my interview date. Then he will go back to Canada for the Interview & Medical examination. If he is approved, he will receive his visa in 10 days.

Just be sure to not stay more than 3 month in the USA.

For Canadians, no tourist visa is needed. We have an agreement with the US about this. And we can stay up to just under 6 months.

Although your intentions are true, please don't give advice or time frames for a different country.

[oyinko 0]

For Canadians, no tourist visa is needed. We have an agreement with the US about this. And we can stay up to just under 6 months.

Although your intentions are true, please don't give advice or time frames for a different country.

My advice was to tell her that he can move to US during the process.

[Saylin 1,605]

My advice was to tell her that he can move to US during the process.

He CANNOT move to the US without a visa. It takes approximately 9 months to get one with a Canadian spouse.

He can only VISIT at this time, and that's up to the discretion of the officer to let him through customs.

[oyinko 0]

I mean, not move but go to the USA until he get his interview.

That's what I did for my Visa. I went to the USA with a tourist visa, stayed 2 month and got back in Paris for the Interview.

Of course, he can't work but he will be with his wife.

He can only VISIT at this time, and that's up to the discretion of the officer to let him through customs.

Right. And he need to bring proof that we will come back to Canada.

[Saylin 1,605]

I mean, not move but go to the USA until he get his interview.

That's what I did for my Visa. I went to the USA with a tourist visa, stayed 2 month and got back in Paris for the Interview.

Of course, he can't work but he will be with his wife.

You have to keep in mind, moving and visiting are two very different things.

And again, it's all up to the officer to let him come in and visit. I was denied twice entry into the US.

[oyinko 0]

And again, it's all up to the officer to let him come in and visit. I was denied twice entry into the US.

Really? What was the reason of the officer?

I made extended research on this topic before deciding to visit USA during the process and I read that they let us enter the country most of the time.

I was lucky to be able to do it!

[Saylin 1,605]

Really? What was the reason of the officer?

I made extended research on this topic before deciding to visit USA during the process and I read that they let us enter the country most of the time.

I was lucky to be able to do it!

First reason was my own naive fault. We hadn't filed for the I-130 petition yet and I said some wrong things at the airport because I knew nothing about the IR-1/CR-1 visa, but I was pointed in the right direction.

Once we filed for the visa, I attempted again, this time going through the land border to fly out of the US. I had done my research at this point and knew it was legal. Yet, the officer was a complete douche bag to say the least. Even though I explained we had filed the petition and knew what we were doing, and that I was only going to visit for 2 weeks, he still denied me. Said I had to wait until I had a visa to go to the US. He then finished with warning me that if I tried going through another POE with a "different story" (????) that I would get banned.

Thankfully, you've had no problems!

[mahalia55 0]

We've been able to visit each other with no problems. Each time we're honest and bring copies of all our paperwork. We know we have a long wait ahead of us still. My question is more after he gets approved. As we don't want to make any plans until he's had his interview and is approved, he will need some time afterwards to give notice at his job and apartment. So after all the wait and he's approved but needs a couple of months to wrap things up, should he come visit me on the weekend as usual and bring his unopened envelope, thus "landing" and return to Canada after the visit to work out his notice periods for work / apartment? Or would it be best to hold on to the envelope (i.e. not leave Canada even for a visit) for the two months or so and only cross the border ("land in the US") when he's officially moving?

[Saylin 1,605]

We've been able to visit each other with no problems. Each time we're honest and bring copies of all our paperwork. We know we have a long wait ahead of us still. My question is more after he gets approved. As we don't want to make any plans until he's had his interview and is approved, he will need some time afterwards to give notice at his job and apartment. So after all the wait and he's approved but needs a couple of months to wrap things up, should he come visit me on the weekend as usual and bring his unopened envelope, thus "landing" and return to Canada after the visit to work out his notice periods for work / apartment? Or would it be best to hold on to the envelope (i.e. not leave Canada even for a visit) for the two months or so and only cross the border ("land in the US") when he's officially moving?

Well, regardless of what you decide, he'll have about 6 months after receiving the visa to actually activate it at one of the POEs.

If it were me, I'd suggest he POE with his visa relatively quick after he gets it. This way, it'll start the green card/SSN process while he returns to Canada to tie up some loose ends. By the time he gets back and actually moves to the US for good, the green card and SSN should have arrived in the mail.

[mahalia55 0]

Sounds good. That's what we were thinking but I wanted to make sure that it wouldn't be an issue if he went back to Canada to wrap things up.

Thanks!

[Saylin 1,605]

Sounds good. That's what we were thinking but I wanted to make sure that it wouldn't be an issue if he went back to Canada to wrap things up.

Thanks!

Nope, it shouldn't be an issue. He might get questioned more when he activates/returns to Canada/moves to the US, but they should still let him through.

[immiprocess 1]

even though both countries maintain friendly border crossing relations, but I am shocked to read strict rules for Canadian beneficiaries.