Need to leave the US while waiting approval?

[Jadenjewel 9]

Hi

I am just beginning this journey. The more I read, the more confused I get. I'm sure I will be able to follow the steps once I better understand the path I should take.

Situation:I was born raised and lived in the US for almost 50 years. I want to marry a Canadian citizen.

I hope I am wrong, but in my researching today it appears that my wife to be will have to remain outside of the United States for a period of time, while the forms get processed.

Our plan was to get married in the US and fill out forms (whatever they turn out to be) but have her here living with me the entire time. Is this not possible? Does she need to stay in Canada for a period of time?

We have no problem going the fiance route if determined to be better or easier.

Also

She has told me based on her research that we can get married in US, and then I will be her sponsor, and thus she can remain in the US the entire time, but will not be eligible for employment for 5 years. I did not see anything relating to the 5 year law.

I have read about the K-1, K-3 and the IR-1/CR-1, but still sit here overwhelmed.

Any advice, clarification, suggestions are welcome

Thanks

Mark

Hi welcome to Visa Journey and you will be VERY glad you are here! I still find it a bit confusing but everyone on here is helpful and the guides help too.

I married a US citizen. We both thought .. US and Canada are friendly it will be easy, well not as easy as we thought. Its a process but if you get all the paperwork you need not too bad. You need to apply to go to the US, we got married first, in Canada, so the I-130 was the way to proceed. We travel back and forth to see one another. This

proved to be difficult ...( I keep my papers showing ties to Canada when I travel ) and have no difficulties at the border crossings. Hopefully this process will be done in another couple of months and we will be together.

I think it might be worth your while for you to get papers for Canadian Immigration at the same time as he has to be outside Canada as well. (just a thought)

Opt in for electronic processing it seems to speed up the process.

All the best in your future together,

Jewel

Edited March 19, 2010 by Jadenjewel

[Darnell 8,479]

Have there been many reports of EP completions through Montreal. For Guangzhou the NVC complete to interview is two to three months less with EP. How is that working through Montreal?

Push - it's lagged beyond all recognition -

is singularly tracked to 'lack of staffing' at Montreal.

for EP cases - NVC sets the appointments for GUZ.

Thats NOT the case for Montreal, at all - Montreal IV Unit STILL sets the appointments.

They have manpower shortage, the calendar is lagged about 5 months now (currently) and

any speed a Montreal filer gets for EP - is wasted on the backlog FOR and AT Montreal.

Mondo UG !! Double UG, even !!

Edited March 19, 2010 by Darnell

[Darnell 8,479]

She has told me based on her research that we can get married in US, and then I will be her sponsor, and thus she can remain in the US the entire time, but will not be eligible for employment for 5 years. I did not see anything relating to the 5 year law.

I'll suggest to you, strongly, that her research in this particular area is FLAWED.

There is some gold gleanings there, though...

1. yes, you can get married in USA. No Problems, there, at all.

2. if she remains in USA after this first trip DOWN to visit and marry with you, file AOS, the USCIS folk will view this as Visa Fraud.

3. concept of 'employment eligibility' is flawed. There is no '5 year rule' anywhere.

My 2 cents...

get married in USA. DO NOT FILE for AOS whilst she's here, ever.

But - have her go back and forth to Canada. Don't mess around with her passport, ever - she has special status as Canadien citizen. Come and Go, do not stay in USA past a 6 month/180 day mark, ever.

Somewhere around the 22nd month mark, after marriage date, file I-130 petition. She'll be tagged as an IR-1 visa applicant, and IMO - thats the do-all, be-all, end-all, for Visa Types.

Good Luck !

Edited March 19, 2010 by Darnell

[tase22 0]

Thank You- canadian_wife,pushbrk, Just Bob, OBX, zenaxe, Jadenjewel, and Darnell

All your help has been invaluable already. Obviously we still have a lot of studying and research to complete, but this will certainly be a great starting point. I will have many questions.

Darnell, are you suggesting that we file NO paperwork until after we have been married 22 months? And during this time she can come vist up to 179 days, go back to Canada, rinse and repeat? If so (which is fine) is there a period of time that she must remain in Canada before starting another 179 day visit?

FYI-There is no possibility that she would ever wait 179 days between visits, as she has very strong ties to Canada.

Now will that create a different kind of issue that she go back and forth many many times? Also will I have a problem crossing about 50% of the time with her?

Thank you all

[Darnell 8,479]

tase22 - ya - that's what i'm suggesting. I'm suggesting it SOLELY because IF you two take this route -

the visa type becomes IR-1

and the subsequent green card that is issued is a 10 year card.

Less Hassle, IMO.

as to 'border crossings' - for her to come into USA from Canada - she needs to be able to SHOW strong ties to Canada, each time she crosses over. She may not be asked for anything other than her passport, or she might be carefully scrutinized - it's never certain which will happen on any given day.

I'm NOT a canada/usa expert, by any means - but - drill around in the Canada forum here, read a lot, ask some questions there, get other ppls inputs about it.

But (and here's the hard part) - will this create issues for her at the border crossing? MAYBE - depending on the CBP officer.