The best way for a Canadian to immigrate to USA through marriage?

[CANDY PANTS 1]

Hello everyone,

I am a Canadian citizen recently married to my husband who is an American citizen. I returned to Canada after we married in the USA and we are both undecided as to when we should file the I-130 petition. We met with Immigration in PA before I left and the information given to us was unclear. I also spoke with the US Consulate in Montreal and apparently, as of Feb 1, 2010, we can no longer apply for the K3 visa once the I-130 has been received.

Can anyone here please help answer the following concerns of mine regarding this entire immigration process?

*which forms are involved? is there another way to speed up the process while waiting on the I-130? what is the process? i find the wording on the immigration websites somewhat misleading or unclear

*should I go to the USA and adjust status or is it best to remain in Canada?

* what is the estimated waiting period for approval of the I-130?

* are there any questions on the I-130 form we need to be cautious about? do we submit a certified copy of marriage license and not a photocopy? note: we have never lived together and we do not have a joint account or lease/mortgage etc. do i need to be present in the USA to open a joint bank account?

* what is the CR1 visa?

*can I visit the US while a I-130 is pending approval? the US consulate in Canada said that I cannot until i get my papers, this doesn't make sense to me.

* can my husband visit me while an I-130 is pending?

Also I am curious about some other things involved with the move such as:

* if i am financing my car, can i bring it with me to the USA and continue payments? can i still pay my canadian debts?

* when moving my belongings across the border, do I need some sort of special permit?

* do i still file my Canadian taxes during tax season after my move?

* should i wait until i move to update all my canadian ID with my married last name?

Thanks to anyone who is able to provide some input.

Blessings!

~Dee

[Downtoride 0]

First i would like to congratulate you on your marriage...

You said something about adjusting status did you live in the states under a different visa (work, student, other)?

Second make sure you read all the the FAQ's and Guides. they should answer alot if not all of your questions.

If you were just visiting the states sounds like the CR-1 will be your best choice of action for a visa... time lines vary but it takes about 5 months to 1 year for visa completion. If everything is straight forward and no problems occur...

Do alot of searching on this forum, alot of people will help, but ALOT of these questions have been asked already and you will be able to find them..

After you have done your research start your petition the sooner the better...GOOD LUCK

[CANDY PANTS 1]

First i would like to congratulate you on your marriage...

You said something about adjusting status did you live in the states under a different visa (work, student, other)?

Second make sure you read all the the FAQ's and Guides. they should answer alot if not all of your questions.

If you were just visiting the states sounds like the CR-1 will be your best choice of action for a visa... time lines vary but it takes about 5 months to 1 year for visa completion. If everything is straight forward and no problems occur...

Do alot of searching on this forum, alot of people will help, but ALOT of these questions have been asked already and you will be able to find them..

After you have done your research start your petition the sooner the better...GOOD LUCK

Thanks for the info. My concern now is that a lot of the info on this site regarding my situation involves the K3 visa which supposedly is no longer relevant to the I-130 process.

[trailmix 77]

Thanks for the info. My concern now is that a lot of the info on this site regarding my situation involves the K3 visa which supposedly is no longer relevant to the I-130 process.

Hi and welcome,

The K3 forum/info on this site is just a teeny portion of all the visa info available here

You will want to start by reading the CR1/IR1 guide here (also accessible by clicking the Guides link at the top of this page).

You can't go back to the U.S. and adjust status now - that horse has left the barn. You can't enter the U.S. now with the intention of immigrating, so the CR1 is your only option.

Once you have read the guides you will probably have more questions, we can help you out.

As for your other questions:

* if i am financing my car, can i bring it with me to the USA and continue payments? can i still pay my canadian debts?

Of course you can still pay your Canadian debts. As for the car, I can't remember the details on financed cars, seems to not be a problem for most. You might want to post that 1 question in the Canada forum here at VJ.

* when moving my belongings across the border, do I need some sort of special permit?

No. You are allowed to import your personal items duty free - once you have your visa.

* do i still file my Canadian taxes during tax season after my move?

If you had Canadian earnings in the year you move, then yes, if not, then no. You don't have to keep filing once you are residing in the U.S. and do not have any Canadian income in the tax year you are filing for.

* should i wait until i move to update all my canadian ID with my married last name?

That's completely up to you. One thing to consider, when they issue your visa they will issue it in the name that appears in your passport. Since you obviously want to change to your married name, it might be wise to change your passport now.

Edited February 24, 2010 by trailmix

[Kathryn41 3,205]

Hi Dee,

Congratulations on your marriage. I have interspersed some comments in among your post.

Hello everyone,

I am a Canadian citizen recently married to my husband who is an American citizen. I returned to Canada after we married in the USA and we are both undecided as to when we should file the I-130 petition. We met with Immigration in PA before I left and the information given to us was unclear. I also spoke with the US Consulate in Montreal and apparently, as of Feb 1, 2010, we can no longer apply for the K3 visa once the I-130 has been received.

Can anyone here please help answer the following concerns of mine regarding this entire immigration process?

*which forms are involved? is there another way to speed up the process while waiting on the I-130? what is the process? i find the wording on the immigration websites somewhat misleading or unclear

Basically your US husband needs to start the process by 'petitioning' for permission for you to apply to become a permanent resident as his family member. That is the form I-130. Once it is approved, then the process for the CR-1 visa ("Conditional Resident via marriage") begins. Your file is transferred first to the National Visa Center where your husband has to provide more documents and pay some money, then it is transferred to the US Consulate in Montreal where the process will finish up with you getting an interview for a visa. There isn't really much you can do to speed up that process. You can start collecting documents that you will need for your end of the process - the long form birth certificate that lists both your parents' names - and if it is from Quebec, arranging to translate it into English; getting a passport if you don't already have one, things like that. You will receive instructions at the appropriate stages in the immigration process about what you need to do next such as get police clearance records showing you have no criminal record and having an immigration medical exam. Unfortunately, none of it happens very quickly. Reading the Guides at the top of the forums is a really good place to start.

*should I go to the USA and adjust status or is it best to remain in Canada?

You can't. You are not allowed to enter the US as a visitor with the intent of remaining in the US and applying to adjust status. That is considered visa fraud and carries some pretty stiff penalties including several years' ban on entering the US at all - and if they feel that you lied to the border guards to gain entry, could even include a lifetime ban. If you had decided to stay in the US after you got married and had no intentions of getting married when you entered, then yes, you would have been allowed to stay in the US and apply for a green card. Once you left the US and returned to Canada, that option disappeared.

* what is the estimated waiting period for approval of the I-130? You can check the link at the top of the forums that say 'Immigration Timeline" to get an idea of what waiting time VJ members are currently experiencing.

* are there any questions on the I-130 form we need to be cautious about? do we submit a certified copy of marriage license and not a photocopy? note: we have never lived together and we do not have a joint account or lease/mortgage etc. do i need to be present in the USA to open a joint bank account?

I will let others who have gone through the CR-1 process answer most of this. There are really no trick questions but you do need to be honest and as accurate as you can. Photocopies are fine unless they specifically request originals. Be prepared to bring the originals of all copies with you to the interview.

* what is the CR1 visa?

The CR-1 visa is the immigrant visa a family member of a US citizen receives that allows them to enter and live in the US, in this case the family member being a spouse. The C stands for 'conditional' as all immigration visas granted through marriage to a US citizen are conditional for 2 years if the marriage is less than 2 years old when the visa is issued. That means that before the 2 years are up you and you husband need to file another application (I-751) to remove the conditions. This application includes evidence and documents that show you have a real marriage and not one that you entered into just to get to the US.

*can I visit the US while a I-130 is pending approval? the US consulate in Canada said that I cannot until i get my papers, this doesn't make sense to me.

Yes. Many Canadian spouses have visited their US spouses while going through the immigration process. While it is up to the border guard on each visit whether or not they will allow you to enter the US, you will increase your chances of being allowed in by carrying documents that prove your 'ties' to Canada on each visit. These include things like ongoing residential expenses (lease/mortgage/utility bills), a letter from your employer stating when you are expected back to work, enrollment in a college or university, etc. things like this that require your physical presence back in Canada. The stronger your proof of ties are, the more likely you are to be allowed into the US for a visit. Carrying a copy of your visa application is often very useful as it shows you are following the legal immigration process.

* can my husband visit me while an I-130 is pending? Yes, your husband can visit you.

Yes. He should also carry with him proof of his ties to the US to reassure Canadian border authorities that he is not intending to remain in Canada.

Also I am curious about some other things involved with the move such as:

* if i am financing my car, can i bring it with me to the USA and continue payments? can i still pay my canadian debts?

You will need to make some arrangement with your finance company as clear proof of ownership is often required to register your car in the US. You need to get letters from the manufacturer as well showing that the car meets US safety and emissions standards. You can get a lot more information about this if you visit the Canada Regional Forum here on VJ. Yes, you can make arrangements to pay off your debts in Canada from the US. There are a number of ways to do so. Again, the Canada Forum will be useful here too.

* when moving my belongings across the border, do I need some sort of special permit?

You will not be allowed to move your belongings across the border until you have your CR-1 visa. They can accompany you with just a completed list of what they are, but if you are hiring a moving company then there are custom forms that they will need you to complete. It isn't difficult and once again I will refer you to the Canada Forum

* do i still file my Canadian taxes during tax season after my move?

When you officially move to the US you will file your income tax return with Canada the same as you do now and by the same dates, but you will include on your form the date you physically left Canada and you will mail it to the International Tax Office in Ottawa. It is considered your 'exit' return. You need to notify Canada Revenue Agency when you leave Canada and they will mail the correct form to your US address. You and your husband will also need to file a US return for that year too so you will be filing in both countries for that year. After that, unless you have income from Canada, you do not need to file a return in Canada, only in the US.

* should i wait until i move to update all my canadian ID with my married last name?

Your CR-1 visa will be issued in the name that is in your passport so if you want to use your married name then you need to update your Canadian identification and passport before the CR-1 is issued. It is a lot cheaper doing it this way as if you change your name after you move to the US you will have to pay an additional fee to get the name changed on your green card - and it's not cheap.

Thanks to anyone who is able to provide some input.

Good luck - and welcome to Visa Journey.

Kathryn

Blessings!

~Dee

Edited February 24, 2010 by Kathryn41

[CANDY PANTS 1]

Hi and welcome,

The K3 forum/info on this site is just a teeny portion of all the visa info available here

You will want to start by reading the CR1/IR1 guide here (also accessible by clicking the Guides link at the top of this page).

You can't go back to the U.S. and adjust status now - that horse has left the barn. You can't enter the U.S. now with the intention of immigrating, so the CR1 is your only option.

Once you have read the guides you will probably have more questions, we can help you out.

As for your other questions:

* if i am financing my car, can i bring it with me to the USA and continue payments? can i still pay my canadian debts?

Of course you can still pay your Canadian debts. As for the car, I can't remember the details on financed cars, seems to not be a problem for most. You might want to post that 1 question in the Canada forum here at VJ.

* when moving my belongings across the border, do I need some sort of special permit?

No. You are allowed to import your personal items duty free - once you have your visa.

* do i still file my Canadian taxes during tax season after my move?

If you had Canadian earnings in the year you move, then yes, if not, then no. You don't have to keep filing once you are residing in the U.S. and do not have any Canadian income in the tax year you are filing for.

* should i wait until i move to update all my canadian ID with my married last name?

That's completely up to you. One thing to consider, when they issue your visa they will issue it in the name that appears in your passport. Since you obviously want to change to your married name, it might be wise to change your passport now.

Thanks so much for this very useful information you've provided. It helps alot!

Hi Dee,

Congratulations on your marriage. I have interspersed some comments in among your post.

Thank you Kathryn for the detailed responses to all of my questions. This has help clarify many things for me and has given me guidance.

I am thankful for this community!