Canadian Fiance going to remain working in Canada

[Colleens 40]

I see that you mentioned that you currently do not work and take care of your child. In the Visa process you will be required to prove that you can support your spouse (125% of the poverty level). I do not think that you can use your Fiance's income for this purpose. If you can not provide this support, you can use a co-sponsor. Just one more detail to consider!!

[Gary and Alla 3,694]

I see that you mentioned that you currently do not work and take care of your child. In the Visa process you will be required to prove that you can support your spouse (125% of the poverty level). I do not think that you can use your Fiance's income for this purpose. If you can not provide this support, you can use a co-sponsor. Just one more detail to consider!!

Actually, he CAN use his income IF he can document it will remain from the same source after he is issued the visa. Again this is another item that will favor the CR-1 visa over the K-1. Besides the fact he gets a green card right away and can travel, they will submit ONE affidavit of support to the NVC, rather than one to the consulate and one to the USCIS. Actually she woul dsubmit the I-864 with him submitting a joint sponsor or I-864a. The NVC has much more consistent guidelines than the consulates and they use the I-864 and the I-864 guide which specifically allows the immigrant to self sponsor IF he documents his income will remain from the same source. This is available to anyone but not usually practical. In this case it would be. This couple should definitely go the CR-1 route.

[Happy2gether 1]

Actually, he CAN use his income IF he can document it will remain from the same source after he is issued the visa. Again this is another item that will favor the CR-1 visa over the K-1. Besides the fact he gets a green card right away and can travel, they will submit ONE affidavit of support to the NVC, rather than one to the consulate and one to the USCIS. Actually she woul dsubmit the I-864 with him submitting a joint sponsor or I-864a. The NVC has much more consistent guidelines than the consulates and they use the I-864 and the I-864 guide which specifically allows the immigrant to self sponsor IF he documents his income will remain from the same source. This is available to anyone but not usually practical. In this case it would be. This couple should definitely go the CR-1 route.

That was what we thought...he will remain working where he is, in his industry (Natural Gas) it is not uncommon to have fly in jobs or jobs that have longer "on" times, and then consequently longer off times (2 weeks on and off...with travel time tom and from that is still less than half time here in the states at about 12 days to 16 out of 30...make sense?) Anyway, I see the fiance visa is an unnecessary step for us...THANKFULLY. Looks like the CR-1 route will be the most advantageous for our situation

Again, I am thankful for the knowledge shared here.

Edited May 30, 2010 by Happy2gether

[Gary and Alla 3,694]

Sounds like you have no reason to rush any decisions or immigration action. The problem with his gainful employment in Canada, is that with an Immigrant Spouse Visa, the foreign spouse "immigrates" to the USA and becomes a permanent resident. Sounds like you can arrange for him to "reside" in the USA and have a "temporary" long term place to "stay" when he's working abroad. If he's coming in and out several times a year from Canada it is technically possible but highly unlikely any CBP officer will deem his residence in the US as abandoned.

Pushbrk, I would suggest this...knowing several couples that do this without a green card and several that do. IF he does not apply for permanent residency, he MUST maintain a residence in Canada, it can be his parent's house or anything, but he has to have an address and proof he lives there permanently. He then can visit in the US pretty much as he pleases. I think there is some annual limit (180 days) but it never seems to affect my neighbors. It is also possible my neighbors (who actually have residences in Montreal) stay there several nights a week. I don't check on their comings and goings every day. At any rate, they are nearly daily "visitors" to the US. There are a lot of disadvantages for someone that really wants to "live" here not to get a green card.

My neighbors mostly use these homes as their "weekend place" and maybe a bit more than just 2-3 mights per week. They are Canadians and have no intent to become citizens of the US or work in the US.

Other couples are Can/Am couples and the "Can" part has a green card. In this case he would have to do all he can to maintain a US residency, address, file taxes and preferably get a Vermont Drivers license. He could probably get both a Vermont and Quebec drivers license in my neck of the woods. I sincerely doubt the CBP would do anything to revoke his permanent residency also.

Getting him here on a CR-1, getting a green card and a path to citizenship is the most broad based route. It shouldn't be too difficult and it sounds like you could already live pretty much the way you want to while the CR-1 processes

[Happy2gether 1]

Again, great input...so much helpful information.

FYI...after digging, I did find out that because he is a resident of BC, his application will be processed in Vancouver BC. According to the information posted on the United States Consulate General of Vancouver it is based on the Province of residence, as he is a BC resident, he will be interviewed in Vancouver. "Applicants must also be residing in British Columbia, Alberta, Saskatchewan, Manitoba, the Yukon or the Northwest Territories. All other applicants in Canada are processed at the U.S. Consulate General in Montreal." Again, as a newbie, I may have understood this wrong, but it seems to make sense.

[Gary and Alla 3,694]

Again, great input...so much helpful information.

FYI...after digging, I did find out that because he is a resident of BC, his application will be processed in Vancouver BC. According to the information posted on the United States Consulate General of Vancouver it is based on the Province of residence, as he is a BC resident, he will be interviewed in Vancouver. "Applicants must also be residing in British Columbia, Alberta, Saskatchewan, Manitoba, the Yukon or the Northwest Territories. All other applicants in Canada are processed at the U.S. Consulate General in Montreal." Again, as a newbie, I may have understood this wrong, but it seems to make sense.

That is correct, sorry I missed that part of the question He will use Vancouver.

[Sweetcheeksss 91]

Wait - are you sure on that? The part about Vancouver?

Because, according to my attorney, there is only one consulate in Canada that issues immigrant visas and that's Montreal...

Maybe she's wrong but I could swear I've read that elsewhere on VJ too.

[Happy2gether 1]

I just surfed the Consular's site...Visa Applications are accepted in Vancouver and Montreal, depending on where you reside is where it is processed.

http://www.consular.canada.usembassy.gov/vancouver.asp

[Sweetcheeksss 91]

Ok sorry to be a pain in the booty, I clicked on your link above ...

Do you mean this?

"Important Notice for Montréal and Vancouver Visa Applicants

Beginning October 22, 2008, all applicants applying for nonimmigrant visas in Montréal and Vancouver must use the new DS-160 application form.

After completing the new DS-160, the applicant will electronically submit the application and will be provided with a confirmation page that includes only limited biographical information and a bar code. Applicants must bring this confirmation page with them to their interview."

And further down it says

"Return of Passports and Visas

While most visas are ready for pick up within two days following the interview for all eligible visa applicants, for residents of Canada, we strongly encourage the use of a Canada Post Express Post envelope for the return of the passport(s). A small Express Post envelope must be purchased for use within British Columbia, Alberta, Saskatchewan, and Manitoba. For all other provinces, you must purchase a National Express Post envelope."

Is that what you're referring to? If so, that's for non-immigrant visas (I think) - the consulate in Vancouver DOES conduct the nonimmigrant interviews there, but I'm almost positive that all CR1/IR1 visa interviews are conducted in Montreal.

Perhaps someone can chime in on this, I totally could be wrong.

[Happy2gether 1]

Hmm...in a link I went to through that link, I saw a note that said interviews were based on resident province. I was just clicking along and found a note that said interview would be in Vancouver if residence is in these specific provinces and honestly the only one I paid attention to was BC.

[Colleens 40]

A K1 or K3 can be processed in Vancouver. All CR1 visa's get processed through Montreal.

[pushbrk 13,150]

That is correct, sorry I missed that part of the question He will use Vancouver.

Vancouver does not do any CR1 or IR1 interviews. The only family visas interviewed for in Vancouver are the K visas.

[canadian_wife 1,829]

Non-immigrant visas DO get interviews in Vancouver The non-immigrant visas they deal with are the K-1 and the (dead) K-3. The Cr-1 is an immigrant visa which all Cr-1s go through Montreal

Good luck

[trailmix 77]

If you actually follow the link to the Vancouver consulate, from that link you posted and look around, you will find this:

Immigrant Visas

The U.S. Consulate in Vancouver no longer processes immigrant visa cases. All immigrant visa cases in Canada are handled by the U.S. Consulate in Montreal. If an immigrant visa application has been filed on your behalf and you have a specific inquiry, please call the National Visa Center at area code (603) 334-0700. We regret that the Consulate does not have the resources to accept inquiries on immigrant visa matters. If you are seeking general information regarding the immigrant visa process, you may phone the U.S. Citizenship and Immigration Service (USCIS) from within the United States at their toll free number by calling 1 (800) 375-5283. Canadian customers may now inquire about general immigration information at USCIS.Canada@dhs.gov in addition to obtaining immigration information at www.uscis.gov.

[Happy2gether 1]

Thank you all...

At this point, we have decided to get married in Canada in early 2011. That will give us plenty of time to accomplish our financial goals and plan an appropriate wedding vacation. Based on his work history, it seems he should not have to worry about travel back and forth as long as his intention is always to return to Canada as he is gainfully employed (he will carry most recent pay stub with him from now on). He has a residence there, and will retain it. Applying for either CR1 or the K3 visa at this time (I know there are arguments on both side and disagreements about the current status of the K3). He should have no issues coming back and forth, if he does have issues, I guess we tackle that as it comes. After we get married, there may be a clearer picture of a process that seems to be changing in the moment (again I refer to the CR1 and K3 discussions on this board in other areas).

He will no longer say (to Customs at the Vanc. Airport) that he is visiting his fiancee. He just plans to say visiting family and friends. It is truthful, and eliminates the additional questioning that he has occasionally gets in the Vancouver Airport upon entry to the US. The last crossing he was heavily questioned about his intention to return, job history, my financial status, where we plan to live etc. That never happened before, for some reason the Customs guy might have been having a bad day...IDK.

I appreciate the conversations here, the discussions on other threads about K3 and CR1 are confusing, I remain hopeful that the next several months to a year will clarify the status of the K3. Never the less, he technically does not need a visa as I see it at this time. We will take to heart the documentation of substantial relationship. WE know we have a substantial relationship, but "proving it to others" did not occur to us (naive I realize now). He will now start keeping a file with his phone records and boarding passes. We will be sure to take pictures of BOTH of us at every visit. We have an email log that I am putting in a binder and will add to it. So...when we are ready to proceed, we have that portion of the documentation prepared.

Neither of us is thrilled to be making a trip to Montreal for the interview (unless things change over the months and Vancouver absorbs that roll again for Western Canadians)...so the other thing we plan is to create a savings fund for that trip...we might as well make it a vacation and do it together!

The suggestions here are helpful...some shocking discussions and some interesting ones (not this thread but others)...again it is advice and suggestions I am appreciative, my eyes are opened in a new way...a bit ominous seeming but knowledge is power.

If there is anyone here who is married to a Canadian (who continues to work in Canada)...I welcome an email and/or further discussion. I would be very curious about your process, and what you may have learned.

More to come from me in the future...I welcome my new friends...

Again...THANK YOU for the knowledge and information...very enlightening!

Alissa