Already married, both living in Canada, K-3 visa??

[jdz 0]

Hello everyone, new to the forum. Been looking around but can't seem to find any similar situations.

I am Canadian and my wife is American, we are already married and did so in the US. We both live in Canada and she commutes across the border and works in the US. Does anyone know can I get a spouse visa K-3 or other and both of us continue to live in Canada and work in the US? We plan to move to the US eventually but not for a few years.

thanks for your help

[jdz 0]

OK I guess I should have thoroughly read the guides first before posting. Looks like a DCF is the way to go for our situation.

[livelife 0]

yes you can file for her..but you need to prove your domicile in the US you'll be questioned...and if she'll be out of US for more than a year by the time the application was approved ,she needs to apply for a re-entry permit...otherwise ,she can be out 6 months,then go back in the US again...

[pushbrk 13,114]

yes you can file for her..but you need to prove your domicile in the US you'll be questioned...and if she'll be out of US for more than a year by the time the application was approved ,she needs to apply for a re-entry permit...otherwise ,she can be out 6 months,then go back in the US again...

She's the USC, so would be doing the filing. This will only work if she is legally residing in Canada. Check with the appropriate Consulate to see if she qualifies to file DCF. The US job, driver license and a relative or friend's address is all that's needed to show domicile.

[jdz 0]

Yes she has had her CND permanent resident card and been living in Canada legally for 2 years now.

thanks for the help. I did some more research and found that there is such thing as a commuter green card, very exciting.

[Carlawarla 1]

Don't forget the Canada forum as a place to ask questions and find support and encouragement! I'm sorry I don't know and can't give you much information about your situation. Applying for a K-3 though requires your wife to be in the US and petitioning you to come live with her.Perhaps if you posted this in the Canada forum someone can help you.

http://www.visajourney.com/forums/index.php?showforum=93

Best of luck!