Vancouver DCF CR-1 with a couple twists

[muchogrande 0]

Sorry for cross posting, this post is also in the CR1 forum -- but since my topic kinda crosses both I thought Id hit it here as well.

I'm hoping that some kind souls might be able to give me some advice re my plan to get my wife a green card:

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!

[trailmix 77]

Congrats on your marriage!

Just an fyi, you probably already know this, but you only need to file the last 3 years of tax returns.

> Are we crazy?

Possibly, I don't know you well enough to determine this yet.

> 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)?

Probably in the top 3 questions asked over and over in the Canada forum here. Whether for a K visa applicant or CR1/IR1.

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

Yes you can.

> 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?

You will need strong proof of ties for her to Canada. A lease, a letter from her employer, etc etc - there is a fine line between 'visiting' and 'residing' - they do not want people residing in the U.S. without a visa - it is 100% up to the border person at the port of entry.

> 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).

Completely irrelevant to the U.S. visa process.

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.

This sounds pretty straight forward - unless your wife has a criminal conviction or something there is no reason you can't do this yourself.

[muchogrande 0]

Thanks Trailmix! I figured her getting in to visit would be the stumbling block -- but I now found the Canada forum and am reading other people's experiences. We'll have to figure that out. I didnt think of the difference between "visiting" and "residing", but that makes a lot of sense. Thanks again!

Congrats on your marriage!

Just an fyi, you probably already know this, but you only need to file the last 3 years of tax returns.

> Are we crazy?

Possibly, I don't know you well enough to determine this yet.

> 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)?

Probably in the top 3 questions asked over and over in the Canada forum here. Whether for a K visa applicant or CR1/IR1.

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

Yes you can.

> 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?

You will need strong proof of ties for her to Canada. A lease, a letter from her employer, etc etc - there is a fine line between 'visiting' and 'residing' - they do not want people residing in the U.S. without a visa - it is 100% up to the border person at the port of entry.

> 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).

Completely irrelevant to the U.S. visa process.

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.

This sounds pretty straight forward - unless your wife has a criminal conviction or something there is no reason you can't do this yourself.