Vancouver DCF CR-1 Question

[muchogrande 0]

Hi, I've been digging around VJ finding tons of useful information -- wow what a great resource this place is!

But, I've yet to find any posts that address directly a couple aspects of my scenario-- so I'm hoping that some kind souls might be able to give me some advice.

ME:

> Dual Canadian/US citizen. Born in Canada, gained US citizenship via my parents (both of which emigrated to Canada but retained their US citizenship).

> I have a US passport and social security card.

> I have lived almost my entire life in Canada. I lived in California in 95 for about 6 months. (this is where I applied for and received my US papers).

> Have never worked in the US.

> Have not filed US taxes ever (just found out that I am required to file every year). Am doing back taxes right now. I owe nothing, just doing the paperwork.

> Have a contract job in NYC starting Dec.

HER:

> Canadian Citizen.

> Has funds to support herself for more than a year in the US.

US:

> Recently married. (yesterday)

> In our early 30's

> Currently live in Vancouver together.

> Want to move to NYC to live and work.

> Own property in interior B.C. together.

> Have been in a Common Law relationship for almost 10 years.

> Have a flat set up for us to take over Dec1 in Brooklyn (friend is currently living there -- is passing it on to us -- talked to manager, it is a slam dunk)

THE PLAN:

> Apply for CR-1 via DCF in Vancouver ASAP. (we are waiting for our marriage certificate to be processed and sent to us).

> We both move to NYC Nov 28th. (While the CR-1 is in process).

> I work, she makes art and explores the city. (good deal for her!).

> Assuming CR-1 process goes smoothly (we will do our best to make sure it does) she leaves NYC to interview in Montreal. (ballpark 4 months down the road)

> Assuming interview goes well she receives CR-1 and joins me back in NYC. Month or so later she gets green card SSC and can apply for work.

> If we fail to get a CR-1 inside of 6 months (i believe we have everything required, so it would be delays that bite us), we/she would return to Canada.

QUESTIONS:

> Are we crazy?

> Does anyone have experience doing something like my wife is planning (moving to the US to live -- not work -- while a CR1 is in process)?

> Can I (as the USC) move to the US while the CR1 is in process?

> Would a Customs Agent like the sound of a 30-something artist moving to the US for 6 months, even if she has evidence of money to support herself?

> Will the way that I received US citizenship (via my parents, I have a Canadian birth certificate) be an issue when applying for the CR1? I have all official record of my parents birth,marriage,immigration to Canada (All the docs that I used to gain my US citizenship).

I'm thinking that we should talk to an immigration lawyer here so that we get some help on how to explain what we are doing to the Customs Agent.

Any help would be greatly appreciated, thanks!

Edited October 21, 2009 by muchogrande

[kaffy 2]

You're not crazy but make sure you read the details on proving re-establishment of US domicile thoroughly and have all your ducks in a row.

The I-864 page 6 section C is a good place to start

[christeen 966]

If you are filing DCF, you might want to also post in the DCF forum as someone over there can give you tips on that process....

[OBX 51]

If you are filing DCF, you might want to also post in the DCF forum as someone over there can give you tips on that process....

You might also find advice from someone that has been in a similar situation in the Canada forum. Good luck.