From Canada to the USA

[surfunusa003 0]

Hello Everyone,

I recently got married (small ceremony) in January 2010. My wife is a Canadian citizen. My wife moved back to Canada (British Columbia) to fulfill work obligations. We plan to have a reception in August. My main goal is to have her living here in August. We didn't start to file any forms because some of our family members told us that it would be best to file once she is here in August. Now that I am reading these forms, I am beginning to think otherwise. From what I get from reading these forums I should probably apply for the I-130, I-485, and I-765 ASAP. She qualifies as a "professional" so she is hoping to start working here as well. What would be the fastest way for her to come down here? Should I apply now or should I wait until she comes here in August and then start all the paperwork? Also, when will she be able to start working...right after the I-765 goes through?

Thanks!!

[belinda63 3,051]

You need to file for a CR-1 visa. Please read the guides at the top.

[canadian_wife 1,829]

If you have your wife enter the US as a tourist (ie crossing the border and telling the guard that she is coming to see her husband) with the expectation that she will 'live' with you and filing the I-130 and the I-485, that is visa fruad. Visa fraud can result in a lifetime ban from the US and is VERY much not worth it. You should not expect your wife to be living with you by August. This process is about setting reasonable expectations. You're looking at 8 - 10 months to finish this process.

You need to file the I-130 immediatly! It will be processed in the US and then sent to Montreal for the interview (Montreal is the only consulate in Canada that does the Cr-1 interview). Once granted the visa, she may then move to the US to live with you. The benefits of this is she can work immediatly (being a professional has no bearing on this process - sorry). The good thing is she can have her medical done in Vancouver.

http://www.visajourney.com/content/i130guide1

Read the guides to get you started but you're looking at needing the I-130 and the G-325A (there is no more K-3 visa so don't even read about that) and of course your marraige cert.

Welcome to VJ - come on over to the Canada forum!

http://www.visajourney.com/forums/forum/93-canada/

Good luck

[surfunusa003 0]

But she is able to stay with me 6 months at a time correct? So is she able to "visit" during that time and just go back when the 6 months are up. If it's going to take 8-10 months from now, can't she come in August and by the time her visit is up she'll be approved (in theory) right?

[canadian_wife 1,829]

Of course she can visit. However, your original post did not say 'visit' it said 'live'. The 6 months is not a guarentee at the border, Canadians can visit for up to 6 months. She might want to address the issues of ties to Canada before she crosses.

You also need to know she will have her medical in Vancouver, interview in Montreal and she'll need a police certificate (cheaper if that gets done in Canada vs. trying to get it done from the US).

She will not be able to work while she is visiting you and you will also want to get her on some insurance for that extended time in the US.

File the I-130 as soon as you can.

Good luck.

[OBX 51]

canadian_wife has given some excellent advice!

It is very important to keep in mind that there is no guarantee that your wife will be admitted to the US to visit. Many VJers have crossed frequently while waiting out the process without difficulty but it is always at the discretion of the border official. Ties to Canada are essential, showing that your wife intends to return (copies of rental/lease agreements, a letter from her workplace noting her expected date of return to work etc.) Visit the Canada forum to connect with others that have dealt with this.

Good luck.