US to Canada, now Canada to US

[redsoxfan 0]

I'm new. I have a stiuation at hand and need some guidance.

I am an American Citizen, born and raised. My husband is Canadian. I have been living in Canada, legally, since May 2009, when I landed. We married November 2008. My husband has been recently laid off, he's in the oilfield. We are living fine on his unemployment as we managed to save a little money. The thing is, we have decided to relocate to the states. One reason is my daughter, 23 is a mom of 2, going through a terrible divorce and needs a bit of support from mom.

Anyway, he has been in his industry for over 7 years, same company.

I was reading up on the DCF, but I, the American citizen, do not have income as of yet in the states nor do I have a co-sponsor to sponsor my husband. I am getting responses from sending out my resumes, but I have to be there for an interview.

Also, my husband is getting good responses from oil companies in the states, but he also has to be there for an interview. Not sure he can get a job on a TN1 easier, then to have a company pay the fees for a H1B, which is sometimes difficult.

Not sure which way to go with all this to get us to the states, back home for me, as the quickest and right way. As most married couples, No we do not want to be apart.

Please help.

[trailmix 77]

Hi,

I'm not familiar with work visas.

In a nutshell, you will need sponsorship to file family immigration paperwork for your Husband. There are 2 ways basically:

1. Get a co-sponsor (as you mentioned - not a viable option)

2. Use assets. Do you own your own home? Have more than 1 car? Have cash in the bank or RRSPs or other investments?

Basically to sponsor him you will need 3 times 125% of the poverty guidelines in assets - which can be a house for instance - anything that can easily be converted in to cash within one year. For 2009 that would be $54,636 (USD)

From the I-864. (affidavit of support)

Assets may supplement income if the consular or immigration officer is convinced that the monetary value of the asset could reasonably be made available to support the sponsored immigrant and converted to cash within one year without undue harm to the sponsor or his or her family members. You may not include an automobile unless you show that you own at least one working automobile that you have not included.

Edited August 23, 2009 by trailmix

[Carlawarla 1]

I can't offer you any information other than what trailmix has suggested. If all else fails in that financial department, you might have to look at moving down yourself first, and then having your husband follow when you've got a job. Good luck in whatever you decide, and come back here for more answers to anything you're looking for in this journey.

[warlord 73]

You are married, your husband cannot get a TN status to work as it would show there is a good possibility of intent. I don't know if he could qualify for a H1B if you both are married either. You might have to contact a lawyer about what you can do in this situation as I'm not sure there are any other types of status or work permits he could possibily have that would work in conjunction with you already being married...

[redsoxfan 0]

As you can tell by my questions, I'm green. I'm glad I found this board to ask questions. Thank you for the welcome.

We are figuring we will go to the states and file the necessary paperwork; I-130. The problem is we want to be together for the process. What should he do to tie up what he needs to do while we are in Canada?

I have tried reading the guide and there are so many choices. I am not sure which way is the best way. It's overwhelming.

We want to get to the states and start what it is we need to. Thanks.

[trailmix 77]

We are figuring we will go to the states and file the necessary paperwork; I-130. The problem is we want to be together for the process. What should he do to tie up what he needs to do while we are in Canada?

Well that's the thing, you can't actually do that - that is just 'move there'.

In order for him to live in the U.S. he will need to obtain a visa first. You have a couple of options.

1. Apply directly at the consulate for an IR1 visa. He will interview in Montreal for this. The timeline for this is around 11 months from start to finish. Might be a bit faster because A. you can file directly at the consulate and B. If you get all your paperwork ready to send off as requested. With this visa he can work immediately. There is the problem regarding sponsorship, as you have mentioned.

2. Apply for a K3 visa. This might be a little shorter waiting time, especially if you live in the West and can therefore interview in Vancouver. He will not be work authorized as soon as you move, he will have to adjust status (also known as AOS) when you arrive. The work authorization document can be applied for at this time and the general guideline is that it takes around 90 days to receive. This is a more expensive visa as well. Again, you have the problem of sponsorship.

You mention you all just want to move and just file your paperwork when you get there. This is called "Adjustment of Status" and it won't work for you. In order to be physically living in the U.S. and adjust status you need to have not had the intention to go and live there permanently (the alien) when you entered the country.

So basically the conversation at the border would go something like:

" What is the purpose of your visit to the U.S."

" We are relocating to live there"

Then they will send your Husband back to Canada and tell him to apply for a visa.

Now let's just say you get to the border and that conversation doesn't happen. They ask you where you are going, you tell them and they say have a nice time. Later, when you go to adjust status, you are going to have to explain that you had no intention to enter the country to live (well the alien will have to explain) and in your case that would not be true.

So then there is a third scenario. He can visit you while you wait for the paperwork to process. However, while Canadians do not require a visa to visit the U.S. and he can stay for up to 6 months (at the descretion of the border person - they may stamp his passport and give him a shorter visitation time) - again, he may be turned back at the border when you tell them you are going to live in the U.S. and file immigration paperwork for him.

Plus, what happens after the 6 months? Now you are in the U.S., he cannot work, he heads to the border to 'reset' the 6 months. Well, chances are they may not let him back in as it would appear (and rightly so) that he is taking up residence in the U.S. with no visa.

I know that it seems illogical that you would have to separate your family in order for you to move to the U.S. - but that is how the U.S. system works, there is no loophole.

Can you go to the border and lie about why you are 'visiting' (not saying you would) - yes you could and i'm sure many have, however if you get caught lying there is a very good chance your Husband will get a ban from entering the U.S. for a year or more.

You could always try for a work visa, however it may be a huge hassle with no pay off if they deny your Husband entry. Worth investigating a bit more though.

So you are probably asking, well if we don't have the sponsorship and we can't just move there and get a job to prove sponsorship - there must be another visa option. Unfortunately there isn't, which really only leaves you moving first and getting employment or staying in Canada.

Edited August 25, 2009 by trailmix

[trailmix 77]

Just a correction to item 2 above. The visa you would be applying for is not IR1 but CR1 (the difference is you must be married for 2 years to apply for the IR1) The CR1 is 'conditional resident' - just means he would have to apply to remove conditions after 2 years.

Edited August 25, 2009 by trailmix