Canadian citizen married to a US citizen

[Lina Marcela O. 0]

Hello All,

I am trying to figure out the process that my husband and I have to follow to move to the USA. My husband is an American citizen and I am a Canadian citizen. We are currently living in Canada but we are planning to move to phoenix, AZ in March 2009.

Since I am a Canadian citizen, I don't need a visa to enter the united states. We are planning to move to the USA and file all of the immigration forms required for me to get my green card and to be able to work from there. I need to know which forms my husband and I have to submit. My husband is planning to get a job as soon as we get there. He moved to Canada back in 2007 so he only has his tax returns from 2006 and 2005. His sister has offered to submit another affidavit form as a joint sponsor.

I would also like to know approximately how long would I have to wait to receive my work permit. Note that I will be in the United States throughout all of the process. Is this a problem??? I read something about having to be outside of the US and having to file a K3 visa but my husband have been married for 2 years now and I don't need a visa to enter the united states.

Thank you so much for your help,

Lina

[payxibka 10,045]

Yes you do.... If you enter the USA (aka "MOVE") permanently without an immigrant visa, then you will have circumvented immigration law.... Which is a big NO NO Edited October 10, 2008 by payxibka

[LaL 418]

Yes you do.... If you enter the USA (aka "MOVE") permanently without an immigrant visa, then you will have circumvented immigration law.... Which is a big NO NO

^^ Yup.

[Krikit 1,164]

Hi Lina. Here's a good place to start: Visa Guides. Welcome to VJ!

[Krikit 1,164]

Oh for goodness sakes. Who would move this thread to the AOS from work, student, tourist forum? It doesn't belong here. She's not in the country yet.

Anyway, Lina..... come visit us in the Canada Forum. You'll find lots of helpful information there from people who have experience with this.

[payxibka 10,045]

a direct filed I-130 petition may be an option as well

[payxibka 10,045]

Oh for goodness sakes. Who would move this thread to the AOS from work, student, tourist forum? It doesn't belong here. She's not in the country yet.

Instead of pizzing and moaning... you have the power..........

[Chica Yeyé 41]

If you both live in Canada, you can file DCF with your nearest consulate. You will interview in Montreal.

And if you just "move" here with the intent to immigrate, it's called visa fraud. Be careful.

[canadian_wife 1,822]

At this point you cannot follow your husband to the US and file the paperwork. It's called fraud since you would enter as a non-immigrant on the Visa Waiver Program and then attempt to claim that yes, in fact, you had intento to immigrate. If you get charged with fraud they can send you back to Canada and tell you to never come back. Either do the direct consular filing (quicker) or let your husband go first and just wait.

[Lina Marcela O. 0]

Thank you everyone!!!!