Green Card for Canadian wife

[Kakoshirazi 0]

Hi all,

I am a US citizen and my wife is a Canadian citizen. She is currently working in Canada. I am just starting the US permanent residency application for my wife. Based on my understanding of the process I need to file these forms in a typical scenario:

- Petition for Alien Relative (I-130)

- Application to Register Permanent Residence (I-485)

- Biographic Information (G-325A)

- Affidavit of Support (I-864)

- Permission for Work Authorization (I-765)

- Medical Examination Results (I-693)

- Request for Travel Documents (I-131)

1. Would any of these be different considering my wife is a Canadian citizen?

2. Does my wife have to perform the medical examination by a civil surgeon in US for I-693? Is there a way she can do this in Canada or use any existing records?

3. How long does it typically take to receive work permission ?

Thanks!

[Anh map 2,098]

Your wife needs a spouse visa to immigrate/enter the US.

See this VJ Guide http://www.visajourn...tent/i130guide1

Edited March 13, 2011 by Anh map

[Inky 1,111]

Sorry you need to read the guides first she needs the CR-1 spousal visa. That takes around 9 months+ and Montreal is the only consul in Canada that interviews for spousal visa. The medical must be done in Canada.

[Kakoshirazi 0]

Sorry you need to read the guides first she needs the CR-1 spousal visa. That takes around 9 months+ and Montreal is the only consul in Canada that interviews for spousal visa. The medical must be done in Canada.

Our plan is for her to stay in Canada and continue working there until she can receive work permission in US. Would the spousal Visa still be required? We are able to visit each other without a Visa since its between US and Canada.

Edited March 13, 2011 by Kakoshirazi

[Inky 1,111]

Our plan is for her to stay in Canada and continue working there until she can receive work permission in US. Would the spousal Visa still be required?

Yes, because you don't get work permission without(unless you are a fiance applying for an EAD card) a green card. You must apply for a spousal visa to GET the green card when you enter the USA.

What you posted and propose to do is when your wife is living in the US not in Canada. So a CR-1 needs to be filed since she is living and working in Canada, takes around 9months and then the visa is valid for 6 months. Meaning she has 6 extra months to use it after the 9 months it takes to get it. Then she can enter the USA with the CR-1 and have the green card mailed to her in a few weeks.

[Inky 1,111]

Please see this link and read the spousal visa part. http://www.visajourney.com/content/compare#ircr1

Here is the CR-1 guide http://www.visajourney.com/content/i130guide1

[VanessaTony 3,567]

You should be posting here: http://www.visajourney.com/forums/forum/130-adjustment-of-status-from-work-student-tourist-visas/ if you plan on trying to AOS while she's visiting. If you file AOS she cannot leave until it's complete. If you marry and THEN she leaves before filing AOS and have her enter and AOS then she's committing immigration fraud by entering as a visitor with intent to remain... so she can either file the CR-1 and visit while it's processing, OR, she can stay and not leave until she's received AP or GC.

If you're going to go the CR-1 route you should post here: http://www.visajourney.com/forums/forum/110-ir-1-cr-1-spouse-visa-process-procedures/ and read posts there to help you.

Given she wants to continue to work then CR-1 would be easiest.

[Anh map 2,098]

*Moved from AOS-Family Visa forum to CR1/IR1 Spouse Visa forum as OP's spouse does not live in US*

[Kakoshirazi 0]

I also forgot to point out that we got married in Canada in case it makes any difference. With the CR-1 route I would be sending the I-130, G-325A, supplemental documents, photo and etc according to the instructions. Then we would have to wait until it gets approved and they get back to us. After that we would have to fill out other forms and get medical examination records. Then after they receive everything an interview will be schedule at a US consulate. Then after it is complete she will become a permanent resident upon entering US. Did I grasp the overall picture correctly ?

1. The only option we have for Evidence of a bonafide marriage is an affidavit. Is a written and signed letter by a close relative present at the ceremony acceptable? Does it have to be notarized ?

2. If I apply for CR-1 can my wife still come to US via her Canadian passport while the CR-1 is processing? We have already purchased tickets for her to come over in May.

2. Where can I find info on where the medical examination can be done in Canada ?

3. My wife lives in Toronto. She would still have to go to Montreal for the spousal visa interview ?

Thanks.

Edited March 13, 2011 by Kakoshirazi

[Inky 1,111]

Being married in Canada doesn't change anything you can be married anywhere as long as its a legal marriage.

1. You have no pictures shes not on life insurance, you don't have phone records or travel records nothing like that? anything that shows keeping a relationship/marriage?

2. She can still visit yes, you can also go visit her too.

3. Living in Toronto she can have her medical in toronto, but regardless the interview will be in Montreal Quebec. Montreal US consul is the only place that processes spousal visas in Canada. Here is the website for the Panel Pysician in Toronto she would be seeing. http://www.panelphysicians.com/

4. Same as 3, she must go to Montreal for the interview.

[Kakoshirazi 0]

Being married in Canada doesn't change anything you can be married anywhere as long as its a legal marriage.

1. You have no pictures shes not on life insurance, you don't have phone records or travel records nothing like that? anything that shows keeping a relationship/marriage?

2. She can still visit yes, you can also go visit her too.

3. Living in Toronto she can have her medical in toronto, but regardless the interview will be in Montreal Quebec. Montreal US consul is the only place that processes spousal visas in Canada. Here is the website for the Panel Pysician in Toronto she would be seeing. http://www.panelphysicians.com/

4. Same as 3, she must go to Montreal for the interview.

1. I have been visiting her for over 2 years once every month. We got married in December 2010 and received our certificate in March 2011. Would copies of air travel itineraries for December 2010 - March 2011 (4 total) be enough ? I can include previous ones too but we were not married during that time.

2. Back in 1983 my Dad (US Citizen) was able to do the entire process for my mom (Iranian Citizen) in 3-4 weeks through the US embassy in Switzerland. And then she immediately entered US and got her green card in 2 weeks. You mentioned that CR-1 takes about 9 months. Has the immigration process changed so drastically since 1983 that even though my wife is a Canadian citizen the process takes so much longer?

[Anh map 2,098]

1. I have been visiting her for over 2 years once every month. We got married in December 2010 and received our certificate in March 2011. Would copies of air travel itineraries for December 2010 - March 2011 (4 total) be enough ? I can include previous ones too but we were not married during that time.

2. Back in 1983 my Dad (US Citizen) was able to do the entire process for my mom (Iranian Citizen) in 3-4 weeks through the US embassy in Switzerland. And then she immediately entered US and got her green card in 2 weeks. You mentioned that CR-1 takes about 9 months. Has the immigration process changed so drastically since 1983 that even though my wife is a Canadian citizen the process takes so much longer?

Lots of things have changed in the past 28 years.

There is no express lane for Canadians, even though they are very polite people.

[Amy and Nick 37]

1. I have been visiting her for over 2 years once every month. We got married in December 2010 and received our certificate in March 2011. Would copies of air travel itineraries for December 2010 - March 2011 (4 total) be enough ? I can include previous ones too but we were not married during that time.

2. Back in 1983 my Dad (US Citizen) was able to do the entire process for my mom (Iranian Citizen) in 3-4 weeks through the US embassy in Switzerland. And then she immediately entered US and got her green card in 2 weeks. You mentioned that CR-1 takes about 9 months. Has the immigration process changed so drastically since 1983 that even though my wife is a Canadian citizen the process takes so much longer?

1. Include everything you can to prove your relationship. That includes things from before you were married. Flight records will be perfect but wont suffice on their own. Photos, letters, emails, chat logs will also help.

2. Its been nearly thirty years since your Dad applied for your mum, so I would imagine it has changed drastically. There are numerous other factors as well. A fiance visa would be quicker, but its too late now as youre already married. If you had domicile Canada you could probably cut the wait time in half, but you dont so this isnt an option.

To put things in perspective, just two months ago the wait for an interview (after about 7 months of waiting through the other stages of the process) was 5 months for Montreal. It is now down to about 2 months. That is how quickly things change.

The fact that your wife is from Canada makes no difference on the process other than wait time for the interview.

Good Luck

[Kakoshirazi 0]

All, thanks a lot for the very helpful information.