What visa?

[Darnell 8,479]

long term, IMO, she should get Canada citizenship, get Canada Passport.

[Casprd 167]

I'm almost certain I cannot apply for a tourist visa since I am a US Citizen.

You wouldn't apply for the visa, but in her application you would show her ties to you through marriage and your ties to Canada. O it is really going to be a difficult one to get as USCIS will see an easy way for her to adjust status once she is in the US. I know that isn't your intent, but the officials only know what they have dealt with in the past. In theoory you could leave her in the US to adjust while you went back to Canada to tie up loose ends. Any kind of spousal based visa is a no go as you aren't intending to immigrate to the US so it is really going through a lot of pain and expense to try to get a visa that you don't really qualify for.

How easy is it to get in to the consulate to talk to the VO about your situation? This is one of those cases that a face to face would help alot, but not sure if they even have a mechanism for that.

[Harsh_77 718]

Yes. We both absolutely love Canada and have no desire to leave.

We have some relatives coming up here from time to time. Very strange a country with a claim as a free, open, democratic society does not have a procedure for us to allow her to enter.

The terrorists won.

I would not agree with you and I am sure its just you are frustrated.

US is open and democratic and very open to all and everyone- unfortunately your situation is little different where your wife is not from the country where you guys live.

So you got to put all the together and also that there are thousands and thousands of ppl waiting in line to enter USA and they would try and every tested and untested means to enter the country including committing fraud.

Most of them enter on tourist visa and then don’t leave as per the visa and continue to stay illegally that is the reason they have to be monitoring who and when they enter.

[P & T 14]

How easy is it to get in to the consulate to talk to the VO about your situation? This is one of those cases that a face to face would help alot, but not sure if they even have a mechanism for that.

Strongly suggest you pay the visit and politely try to speak with an available associate. I find it interesting that the instructions for the I-130 would mention folks that live in Canada......

The filing addresses instructions on page 5 do also mention options for folks living abroad. Most are aware that K-1 has a validation period (I believe of 6 months) with which the VISA must be used. That is a VISA. The same I-130 instruction page 5 note that the purpose and result of an i-130 are different under the "When will a VISA become available?" section. Sounds like a VISA is not issued to approved I-130. I-130 folks dont have the same travel restrictions as K-1 folks... I am not an expert and haven't gone that route to investigate. The questions you must get answered are- Is there a time limit on entry/immigration to the US once your wife is approved? How long are the entry exit period requirements to keep her US residency in force without breaking the rules. (I heard from a friend that she heard a customs officer softly advising an old grandma that she stayed more than 6 months in the Dominican Republic with only a green card and that was a "no-no.") You are blessed with being in the country connected to ours. Put your butts in a car every 4 or 5 months and come into the US for the weekend... or visit family..... or for those that still complain about no stamps from US to Canada- fly out FROM THE US for a cheap carribbean getwaway for a long weekend to prove she was here in the US and you have proof of presence because you traveled out of a US location. Get details and then develop a plan.

Consult with the Consulate, Embassy or local USCIS office abroad. Check if the INFOPASS option of USCIS will get you the appointment you need. No rush? Write a letter. Consider a consultation with a well-recommended lawyer that knows their craft well. But do something before you NEED to enter the US and are stuck behind the 8 ball. A sick family member, pregnancy or opportune job change can make you wish you had free travel privileges to relocate quickly. Give birth on US soil and you might create our next president. I wouldnt gamble on Canadian residency that is still year plus timeframe out....

http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=c67c7f9ded54d010VgnVCM10000048f3d6a1RCRD&vgnextchannel=db029c7755cb9010VgnVCM10000045f3d6a1RCRD

I-130, Petition for Alien Relative

Download Form I-130 (201KB PDF)

Download Instructions for Form I-130 (83KB PDF)

Download Form G-1145, E-Notification of Application/Petition Acceptance (1KB PDF)

Purpose of Form :

For citizen or lawful permanent resident of the United States to establish the relationship to certain alien relatives who wish to immigrate to the United States.

Note: A separate form must be filed for each eligible relative. USCIS processes Form I-130, Petition for Alien Relative, as a visa number becomes available. Filing and approval of an I-130 is only the first step in helping a relative immigrate to the United States. Eligible family members must wait until there is a visa number available before they can apply for an immigrant visa or adjustment of status to a lawful permanent resident.

Number of Pages :

Form 2; Instructions 7.

Edition Date :

11/23/10; (06/14/10, 05/27/08; 01/31/08 editions also accepted)

Where to File :

All petitioners who live in the United States or Canada and who are filing a stand-alone Form I-130 must submit their petitions to the Chicago Lockbox facility. Form I-130 petitions filed with the Chicago Lockbox will be routed to and adjudicated at the appropriate USCIS Service Center. This routing will be based on the petitioner’s place of residence. Important filing tips, as well as additional information on fees and customer service, are listed on our Lockbox Filing Tips webpage.