Really confused about getting US status

[joe987 0]

Hello,

I am an American citizen who moved to Canada to be with my (now) wife. In 2008 I received Permanent Resident status and we were married in 2009.

We have been curious about getting some type of American status for her but have had a pretty hard time gathering all of the correct information. We do not have any intention of moving back to the States for a long period of time at this time -- we would simply like her to have status in the US on a "just in case" basis or if we wanted to move to a different area for a year or so, say Hawaii as a long-term vacation, but still have her be able to work a small job.

This type of scenario sounds like it is not what the i-130 form is intended for. Is that correct? If so, is there another type of process we can go through for our situation? Or do we simply have to wait until we have more serious plans about moving to the States to get status for her?

Regarding the i-130, whether it is or is not the correct form we should be looking at, I do have some questions about it as well. We have been able to find a lot of detailed information about the process up until we submit this form. We are a little confused about what happens afterward.

Since we live in Calgary, I understand we fill out the required forms, gather the required supporting information, and make an appointment at the Consulate office. From what we read, after the submission, we will receive up to two notices confirming the acceptance of the forms. Then she will need a medical exam. Is it correct to say that she will need to travel to Vancouver for her exam? And then finally for her interview, we need to fly to Montreal? Having us fly all over Canada to finish the process just seems a little far fetched to me. When I was going through my Canadian immigration process, I did everything in Calgary as that is where I lived at the time. Would it be easier if we just transferred to the States and completed the process there? Also, I read that I would need to prove that I have financial means of supporting her in the States. If I have lived in Canada for 4 years now, how can I possibly do that? Does the financial part not apply to couples applying inside of Canada? If it does apply, it seems like a chicken-and-egg situation.

Thanks,

Joe

[Bobby+Umit 161]

We do not have any intention of moving back to the States for a long period of time at this time

You would have to wait till you intend to live in the US before you would do this process.

You can't stay out of the US and plan on maintaining your LPR status. (without filing out the proper forms that will allow you to remain outside for year or more - but first you must get the LPR status)

LPR status means you are a resident of the US, not just "visiting" or "vactioning". Living in Canada now precludes this.

Once you decide that you will be residing in the US for a long period of time, you would most likely do a DCF - check the guides above for the step by step process.

I am not sure of where you would go in Canada to do the process, however, if it's like Turkey - you have to go to main embassy to process, regardless if you had to travel to it.

[Udella&Wiz 325]

Hello,

I am an American citizen who moved to Canada to be with my (now) wife. In 2008 I received Permanent Resident status and we were married in 2009.

We have been curious about getting some type of American status for her but have had a pretty hard time gathering all of the correct information. We do not have any intention of moving back to the States for a long period of time at this time -- we would simply like her to have status in the US on a "just in case" basis or if we wanted to move to a different area for a year or so, say Hawaii as a long-term vacation, but still have her be able to work a small job.

This type of scenario sounds like it is not what the i-130 form is intended for. Is that correct? If so, is there another type of process we can go through for our situation? Or do we simply have to wait until we have more serious plans about moving to the States to get status for her?

Regarding the i-130, whether it is or is not the correct form we should be looking at, I do have some questions about it as well. We have been able to find a lot of detailed information about the process up until we submit this form. We are a little confused about what happens afterward.

Since we live in Calgary, I understand we fill out the required forms, gather the required supporting information, and make an appointment at the Consulate office. From what we read, after the submission, we will receive up to two notices confirming the acceptance of the forms. Then she will need a medical exam. Is it correct to say that she will need to travel to Vancouver for her exam? And then finally for her interview, we need to fly to Montreal? Having us fly all over Canada to finish the process just seems a little far fetched to me. When I was going through my Canadian immigration process, I did everything in Calgary as that is where I lived at the time. Would it be easier if we just transferred to the States and completed the process there? Also, I read that I would need to prove that I have financial means of supporting her in the States. If I have lived in Canada for 4 years now, how can I possibly do that? Does the financial part not apply to couples applying inside of Canada? If it does apply, it seems like a chicken-and-egg situation.

Thanks,

Joe

Unfortunately you can't have it both ways. If you would like for your wife to perhaps eventually gain US citizenship (which is the only type of status which won't expire or be affected by moving back to Canada), you'd have to move back to the states and live here for a certain period for her to obtain it.

And yes - we ALL agree with you that it would be more convenient if the US comsulates had more locations which handled VISAs! It's super expensive to fly to Montreal from the western provinces. I'll leav eth finanicla support question to someone else, but yes....they'll want proof that you can support your family if you move back.

[joe987 0]

OK, that clears some items up. Thank you both for your replies.

[Hugglebuggles 60]

Unfortunately the only consulate in the US that processes CR-1/IR-1 spousal visas is Montreal. So if you ultimately decide to file an I-130 for your wife and move to the US permanently, count on having to fly to Montreal. You can have your medical done in Vancouver, Toronto, or Montreal. Many people who need to travel far distances to attend their interview have the medical done at the same time in one trip, so that's an option. It would just require you to spend a few extra days in Montreal.

Unfortunately you cannot pick up, move to the US, and have your visa processed there. It doesn't work like that.

You would also need to prove your ability to financially support yourself and your wife as part of the process. You would have a couple different options to do this- you could ask a friend or family member back in the US to act as your wife's co-sponsor, or if you have a significant amount of assets in the US (property, savings, etc.) you could use the value of these things to act in place of income.