Question about bringing Canadian spouse to US

[Love_Young 0]

Hello, I am new to VJ but have been roaming the forums for a few months now.

I have a few questions and concerns that I would appreciate being answered.

First of all what are the things I need to know on how to bring my spouse to the US? Timelines, office to apply through, requirements, etc.

Second, my husband has Cystic Fibrosis. Will this be a reason for denial? We are very concerned about this part of our path to him immigrating and feel this will be a downfall.

Also, I apologize if I have not put this in the proper location it needed to go to in the forums. Just needed these questions answered by someone that cared to take the time to explain. Thank you kindly in advance.

Edited July 1, 2010 by Love_Young

[milimelo 4,545]

Guides sections gives a good overview - you'll want to go for the CR-1 visa and file the I-130 petition.

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

Regarding your spouse's health condition - it's not a communicable disease so no issues with the medical exam. The US embassy may ask for proof of insurance once he gets to the US so see if you can get him on your medical insurance.

[Love_Young 0]

Well I am currently residing with him in Canada right now and don't have insurance.

I am applying to immigrate to Canada right now but looking at him immigrating to the US as a backup to if things don't go well.

How much money do I need to sponsor him?

What is the difference between the CR-1 and K-3 visa?

How long does it usually take to sponsor someone on CR-1?

Also, is there a way that he can stay with me while we file it or will I at least be able to visit him back in Canada during the processing?

Thank you for all your help.

Guides sections gives a good overview - you'll want to go for the CR-1 visa and file the I-130 petition.

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

Regarding your spouse's health condition - it's not a communicable disease so no issues with the medical exam. The US embassy may ask for proof of insurance once he gets to the US so see if you can get him on your medical insurance.

[canadian_wife 1,827]

There is no more K3 visa, it was administratively closed in February of this year. It will take about a year to have your husband to the US, the interview will be in Montreal, the only consulate that does CR-1 interviews, and they are incredibly slow. Yes, he can visit you during the process however nothing is guarneteed. Entry and duration of stay is up to the border patrol at the time of crossing. Having lots of ties to Canada will help him cross. You can visit him in Canada as long as the Canadian border agents permit you to cross

Good luck.

[trailmix 77]

Hi and welcome,

How much money do I need to sponsor him?

Follow the poverty guidelines at 125%. So if it is just the two of you, you will need to prove income of $18,212.00. As you have been reading the forums you probably know this must be U.S. income. Alternately you can use assets at 3 times the 18,212.00.

What is the difference between the CR-1 and K-3 visa?

K3 is a non-immigrant visa, CR1 is an immigrant visa. K3, once you have the visa in hand you cross the border and must adjust status. CR1, once you have the visa you cross the border and become a permanent resident, green card will be sent to you in a few weeks, you can work right away.

The only time a K3 would be advantageous is if you live in western Canada as it is faster to get an interview in Vancouver and of course the beneficiary doesn't have to travel as far. As for it being administratively closed, what that means is that if your I-130 and I-129F reach the national visa center at the same time, they will ditch the I-129F in favour of the I-130.

How long does it usually take to sponsor someone on CR-1?

Around 8-10 months. As you live in Canada you are able to file directly at your nearest consulate, even if you are going to move back to the U.S. before your Husband you should do that first, it is faster.

[Love_Young 0]

Wow thank you everyone.

Just a few more questions. Sorry!

Can I use his and my income to sponsor him or only mine?

What do I do to file directly to the consulate and why is it different?

What are the forms and documents needed to file that way?

[trailmix 77]

Most important to read are the guides here at VJ, just click on the Guides tab at the top of this page.

Can I use his and my income to sponsor him or only mine?

You can use your income and that of the intending immigrant, yes - however, i'm assuming you mean his Canadian income. Unless his job/income will continue from the same source after he moves to the U.S. then he cannot use it. Basically your Canadian income is meaningless for U.S. immigration. You need to read all the instructions for the I-864 (affidavit of support)

What do I do to file directly to the consulate and why is it different?

Filing at the consulate differs because you do not have to mail your application to USCIS and wait months for it to be approved, if you file directly at the consulate it generally only takes about 2 months for the petition to be approved.

This is how it works for a CR1 application:

Filing with USCIS directly

Send I-130 petition to USCIS >> receive Notice of Action (receipt) >> wait 3-4 months >> Receive 2nd Notice of Action (petition approved) >> File is sent to the National Visa Center and you submit documents and the DS-230, I-864 >> Case approved >> NVC schedules the interview in conjunction with the Montreal consulate (approx another 3 month wait).

Filing at the consulate

Go to nearest consulate, file I-130 and documents >> couple of months later it's approved >> now you are in line for an interview in Montreal, you take the DS-230 and I-864 to the interview, along with documents required.

In some cases filing directly at the consulate is not much faster overall, but it's certainly fewer steps.

What are the forms and documents needed to file that way?

Forms are the same whichever way you file. You start with the I-130 and supporting documents, also the G-325A. Info on what is required to file your I-130 petition directly at the consulate is here:

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

Preliminary Instructions

U.S. citizens who reside legally in Canada and who wish to sponsor (petition) their spouse, minor children or parents as immigrants to the United States may start the immigration process by filing an immigrant petition (I-130) at the U.S. Embassy or U.S. Consulate in whose district they reside. Please check for specific I-130 filing requirements and procedures at that consular office by following the internet links below. Note that Toronto requires I-130 filing by mail first, followed by an appearance by appointment only. All consular offices require an in-person appearance by both the petitioner and the beneficiary, some by appointment only.

Edited July 2, 2010 by trailmix