American Citizen Wife is in Canada. Please Help

[immaculate719 0]

Hey everyone! I was hoping someone with good knowledge about the process to bring my wife home to me. We aren't exactly sure on what steps to take. Here is the situation. We've been married for 2 years. Got married here in the U.S. Unfortunately being young we did not know about the K-1 so we got married while she was here visiting me 2 years ago. We lived in Canada for a year. I just recently moved back in July and have gotten a really good job. We're just trying to figure out the best way to go about this. We want to know the best possible way and the shortest length of time to get her here. We think we have a few options but aren't sure. Here's a breakdown.

Work Visa-She works for a company that is based out of the U.S. maybe have her apply for a work visa and get a transfer? Not sure of length of time. Can we adjust her status after that?

K3-Not sure how long it takes to get her here but I've heard this is the best route.

Adjustment of status? Not exactly sure what it is but something about a visitor adjusting status while here.

Can someone possibly help with clarification?

[skiptex 225]

CR1 will take a little longer.. and its cheaper!! BUT the spouse comes in with a green card as they walk in

if they get a work permit.. then i think you can just AOS for sure

Edited September 29, 2011 by skiptex

[Little_My 464]

H-1B work visa is a dual intent visa, so if she could get that, she could come here with the work visa and then adjust her status to permanent resident.

The other option for you is the IR-1 spousal visa. It will take about 9 months for her to get that from filing the paperwork, but she can probably come and visit you in the US while it's pending. Once she enters the US with that visa, she immediately becomes a legal permanent resident and can begin working. Since you've been married for more than 2 years, she will also get the 10 year greencard right away.

[hikergirl 277]

Check out this comparison chart, it breaks it down nice for you. VJ Visa comparison

You'll notice the K-3 takes longer and costs a lot more...it used to be faster than the IR-1 but not anymore.

[pushbrk 13,042]

CR1 will take a little longer.. and its cheaper!! BUT the spouse comes in with a green card as they walk in

if they get a work permit.. then i think you can just AOS for sure

CR1 visa holders do not adjust status. The work visa option could work if her employer will do it. Otherwise, forget K3. It would be an IR1 visa, not CR1 because the couple has already been married two years.

[skiptex 225]

CR1 visa holders do not adjust status. The work visa option could work if her employer will do it. Otherwise, forget K3. It would be an IR1 visa, not CR1 because the couple has already been married two years.

MY BAD

[immaculate719 0]

would you suggest getting an attorney?

[canadian_wife 1,826]

No, not only is this a DIY site but those of us who have had lawyers wished we didn't. It doesn't help the process to have a lawyer, nor does it speed up the process. Plus VJ is a great resource to ask questions.

good luck

[BlueBonnet 84]

You will have to go CR1 route if you are sponsering her. The process will take you about a year from petition to approval. Your Canadian fiance should read up on the Canada forum, she can only interview in Montreal, who always seem to be back logged. You will also have to fill out the affidavit of support and show that you can support her when she arrives. They usualy look for the previous 3 years income tax, not sure how that will pan out for you if you were living in Canada last year. You have a lot of reading to do, and you will probably have a lot of questions to ask. I personaly wouldnt hire a lawyer for this, and a lot of people did, and end up here anyways. I found that if I ever had a question, I would post it, and have my response within 5 minutes, find me a lawyer willing to do that, for free too.

[pushbrk 13,042]

You will have to go CR1 route if you are sponsering her. The process will take you about a year from petition to approval. Your Canadian fiance should read up on the Canada forum, she can only interview in Montreal, who always seem to be back logged. You will also have to fill out the affidavit of support and show that you can support her when she arrives. They usualy look for the previous 3 years income tax, not sure how that will pan out for you if you were living in Canada last year. You have a lot of reading to do, and you will probably have a lot of questions to ask. I personaly wouldnt hire a lawyer for this, and a lot of people did, and end up here anyways. I found that if I ever had a question, I would post it, and have my response within 5 minutes, find me a lawyer willing to do that, for free too.

Again, it would be an IR1 visa, not a CR1, because the couple has been married more than two years already.