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Filed: Other Timeline
Posted

K3 and CR1 take about hte same amount of time these days, so K3 is a waste of time and money IMO. Go for the CR1. It may take a year, but its about your only option. I seriously would not suggest continuing with illegal activity, you'd be just shooting yourself in the foot. The fact that he is in Canada at the moment illegally will likely come up at an interview, and if you enter the US illegally, this would seriously hurt your case.

divorced - April 2010 moved back to Ontario May 2010 and surrendered green card

PLEASE DO NOT PRIVATE MESSAGE ME OR EMAIL ME. I HAVE NO IDEA ABOUT CURRENT US IMMIGRATION PROCEDURES!!!!!

Filed: Citizen (apr) Country: Canada
Timeline
Posted (edited)
hi!!

You said you guys got married in 2006 right ?? (so more than a year ago) ...I would suggest you go in US with him but dont pass the borders as the same time than him....then once you are in US living with him apply for transfer of status (which become permanent resident ) and also apply for a SSN (social security number ). I would also suggest to have an immigration attorney in US just in case it would go harder.. But go in US and dont move.....its the only alternative you have right now if you dont wanna wait for a k-3...

many couples proceed that way and it goes fine...

so keep smiling and best of luck

Please do NOT follow this poster's advice - what she is proposing is considered immigration fraud and has the potential to earn you a life time ban to the US if you are caught - and it is easy to get caught. You cannot enter the US as a visitor married to a US citizen and then apply to change your status to a permanent resident from that visitor status. You can visit your husband but you would need to bring with you substantive evidence of your ties to Canada to guarantee you would not attempt any such action.

Bite the bullet and either start with your husband's PR status in Canada now - or have him accept the job, recognize you will spend some time apart, and go for the CR-1 or K-3. One of the things you will have to consider - which is different than in Canada - is that your spouse needs to show a US based income that is 125% of the poverty level for a family of your size. Re-establishing himself back in the US work force will give him the income with which to do this and he should be able to provide evidence of this by the time you need it.

Good luck.

Edited by Kathryn41

“...Isn't it splendid to think of all the things there are to find out about? It just makes me feel glad to be alive--it's such an interesting world. It wouldn't be half so interesting if we knew all about everything, would it? There'd be no scope for imagination then, would there?”

. Lucy Maude Montgomery, Anne of Green Gables

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