USC moving temporarily to US with kids and Canadian Hubby

[angelglo 0]

I found this site and thought it is the perfect place to ask this question. I am a USC living in Canada since 2001, permanent resident here, and married to a canadian. We have 2 children who will be getting their US passports shortly so we can go to the US for a temporary move. We plan on being down there just under 3 years to help my mother out financially as well as allow the kids to experience what life was like for me growning up. My question is based on the fact that we will not be moving to the US permanently my husband and I do not want to get him a green card. Are there other less permanent routes we could take to help us get down there? I have heard that he could stay in the US for 6 months and then return home for 6 months (but really who wants to do that?)

[Deputy Purple 1,294]

Nope, you only legal option is Greencard.

On the plus side if you're here for 3 years then her can apply for US Citizenship and be able to freely travel between the two countries for the rest of his life.

Have you researched how living outside Canada for 3 years will affect your Canadian Residency?

[Inky 1,111]

Nothing less permanent really.

Have to apply for a spousal visa to move to the USA. Then get a green card on entry. Then you can choose to just keep using a green card or give up PR status when you all move back to Canada.

[angelglo 0]

I have checked into the residency requirements for my PR status up here and the requirement is 2 years (760 days) in a 5 year period. Though I have been in Canada since 2001 everything didn't get finished until July 2009. So we can leave the country for 3 years and not have it effect my PR status up here. As far as the spousal visa goes (which is a K-3 if I remember correctly) I thought that after the two applications are approved he would no longer be approved for his spousal visa and would then be required to get his greencard (which is what we are trying to avoid)?

[Inky 1,111]

I have checked into the residency requirements for my PR status up here and the requirement is 2 years (760 days) in a 5 year period. Though I have been in Canada since 2001 everything didn't get finished until July 2009. So we can leave the country for 3 years and not have it effect my PR status up here. As far as the spousal visa goes (which is a K-3 if I remember correctly) I thought that after the two applications are approved he would no longer be approved for his spousal visa and would then be required to get his greencard (which is what we are trying to avoid)?

No you would be filing a CR-1/IR-1.

You can likely file DCF as well since you are a CDN resident. Which is faster than filing from within the USA.

Once the CR-1/IR-1 is approved he goes for interview at Montreal then he gets a spousal visa when he passes the interview. After which he can move to the USA, on entry he gets a green card which makes him able to work and travel and live in the USA legally.

[Jojo92122 1,924]

If you want your husband to live in the US, then you will need to help him get a visa that will allow him to that.

As a visitor, he cannot legally work in the US. He will need a visa that allows him to work.

This link will provide you with an overview of your choices.

http://www.grasmick.com/overview.htm

[Kathryn41 3,205]

Unfortunately there is no 'live in the US temporarily' visa. 3 years is not temporary in the eyes of US immigration. It is long enough for a Permanent Resident to become a US citizen if they are married to a US citizen. You might have been able to manage a 6 month temporary residence in the US, but not 3 years.

When you are referring to 6 months in the US and 6 months out of the US, you are referring to the policy that allows a Canadian visitor to remain in the US up to 6 months. This visitor is not supposed to be living in the US and is not allowed to work or go to school or any thing else that a resident can do. Canadian Snowbirds, the Canadian retirees who spend their winters in Florida and Arizona, are probably the best example of those who can successfully visit the US for 6 months. They come to their rental or owned property in the US, visit for no more than 6 months then leave, returning to Canada in order to avoid having to file a US tax return and to avoid losing their Canadian health coverage.

Even for the Snowbirds, however, the time allowed to remain in the US is not determined by the Canadian who is visiting but by the border authority when he applies to enter the US. They can say if the person is allowed to stay 6 months or 2 days. The US border authorities are charged with preventing anyone from entering the US who, in their opinion, intends to live in the US without the proper visa. Every potential visitor needs to be able to provide proof of strong ties in Canada - a home, a job, financial obligations, etc. to show that they do not intend and are not, in fact, able to reside in the US at that time. Having a wife and 2 children moving back to live in the US goes a long way to minimizing the strength of those ties.

If you do not wish for your husband to pursue an immigrant visa you are basically left with only one option that can manifest in a number of ways. He can enter the US as a visitor, depending on the border guard each and every time he crosses to let him in or deny him access. He may be able to stay up to 6 months on a visit but the more often he visits and the longer he remains in the US the more likely he is to be denied entry the next time he crosses the border. He should plan on remaining outside the US between each visit for at least as long as he is in the US. He will have to maintain a Canadian residence and provide proof of why he is not able to stay in the US in order to be allowed to visit. He can try to use his 6 months all at one go - or he can decide to divide it up throughout the year - a week in the US, a few weeks in Canada, a few weeks in the US, a week in Canada, etc. There is no guarantee this will work, but it is doable - as long as your relationship can put up with the distance and your finances can support 2 households. If he was denied access, then he would have to deal with the reason for denial and try to prove it doesn't apply (usually it happens when the border authority believes the person is intending to or is actually living in the US while entering as a visitor.) Depending on what else transpires at the border, the denial of entry could become permanent if it appears your husband lied or misrepresented himself or his intentions at any time.

The K-3 visa process would have been another possible option that would partially accomplish what you want by choosing to let the K-3 visa expire without completing the immigration process. The K-3, when issued, is valid for 2 years and it takes about a year to obtain. Unfortunately for you, the K-3 is virtually defunct. Almost all K-3 applications are administratively closed and turned into CR-1 visas - which is the immigrant spousal visa.

I am not sure what you mean by after the two applications are approved he would not be eligible for a spousal visa? Are you talking about the joint filing of the I-130 and the I-129f? The I-130 is the critical petition and leads to a green card. Both need to be filed for the K-3 but then the I129f is closed and the I-130 continues which would not allow you to use the K-3 as a temporary residency visa. I believe that is what you mean when it says he would be required to get his green card instead, and that is basically correct. The K-3, even if it were granted, would also not allow your husband to work until he had also filed and received a separate work permit request. The K-3 visa could have worked for you, however since USCIS assumes everyone applying for the visa intends to live in the US and become a permanent resident, they are turning K-3s into the superior CR-1 visas instead. You don't get a say in the matter.

Under the limitations provided by immigration you may find it cheaper and easier to help your mother out financially by sending her money every month instead.

Edited July 9, 2011 by Kathryn41

[angelglo 0]

Okay so it seems like it may have to be the CR-1/IR-1. According to some of the things I have been reading this route can be hastened through DCF however I thought I read somewhere that DCF in canada was going to be unavailable as of Aug 15th. Does this mean the process will likely take longer than it already does (which from what I have read is anywhere from 4-12 months.) Personally I am kind of leaning townard waiting until the kids are done the upcoming school year before heading down to Texas, which would work with the current timeline. Hubby figures the sooner we leave the sooner we return. Also what does the process usually cost and what is the break down of the cost?

Edited July 9, 2011 by angelglo

[CanadaLove 16]

The fee for filing the i-130 is $420. Then the fees for AOS and visa petition are $88 and $404 respectively. Then you have the cost of the medical (I think about $250 or so) and then the cost of getting out to Montreal for the interview. Oh, and then the cost of moving the household down to wherever you'll be in the States.

[Darnell 8,478]

DCF fees are a bit less but not by much.

[black01 0]

What did you end up doing? AOS or Consular?

[Penguin_ie 5,995]

**** Closing year old topic, OP has not logged on to VJ since last July ***

black01: DCF is no longer available.