Filing I-130 - Two Questions

[neonnoelle 0]

I am a Canadian citizen, my husband is a dual Canadian/US citizen. We live together in Canada.

1. Filling out the I-130, I see that there are several points that say "If relative is in United States". What does this mean? As far as I have been able to tell it isn't legal for me to be living in the USA without a Visa, is there some loophole that would allow us to move there and THEN begin the process of filing for the spousal visa? Or does this just refer to people already living illegally in the USA? Why would you be allowed to file the I-130 if you are admitting to entering illegally?

2. My husband doesn't have a SSN, we are applying for one since he needs it to do his US taxes - should we wait to file I-130 until he has his SSN? Or is this irrelevent to the approval of the I-130?

Thanks in advance!

[pushbrk 13,111]

I am a Canadian citizen, my husband is a dual Canadian/US citizen. We live together in Canada.

1. Filling out the I-130, I see that there are several points that say "If relative is in United States". What does this mean? As far as I have been able to tell it isn't legal for me to be living in the USA without a Visa, is there some loophole that would allow us to move there and THEN begin the process of filing for the spousal visa? Or does this just refer to people already living illegally in the USA? Why would you be allowed to file the I-130 if you are admitting to entering illegally?

2. My husband doesn't have a SSN, we are applying for one since he needs it to do his US taxes - should we wait to file I-130 until he has his SSN? Or is this irrelevent to the approval of the I-130?

Thanks in advance!

"In" does not necessarily mean "living in". You certainly can visit the USA but cannot "move to" the USA without an immigrant visa.

You don't need to wait for the SSN to file the petition but he'll certainly need one to file his tax returns. Tax returns are not needed at petition filing time.

[Inky 1,111]

1, for people who are already in the US on a different visa and who are adjusting status - from work or student etc.

2, SSN isn't relevant to approval of an I-130

- Also a note you will be interviewing at Montreal and they are VERY hard on proving domicile in the USA. You will want to go to the Canada section and read the pinned topic on proving domicile, especially since it sounds like hes never lived in the USA - he may have to return to the US and get a job / home / bank account etc before they will issue you the visa. ( SSN is needed for all thos things )

[neonnoelle 0]

Thanks for the quick replies!

Ok, so if I (as a Canadian) can visit the US legally for 6 months in a year, could my husband move to the USA, establish domicle and I could "visit" him for 6 months, file my I-130 and then return to Canada for the remaining wait for my Visa? Could I do this if I file for the I-130 here in Canada or will they disallow a visit to the USA for such a long period based on the fact that I am applying for immigration?

I have read about Montreal being tough on proving domocile. My biggest worry, but if my husband has to move first I am prepared for it. If we can show that we have already leased an apartment, opened bank account prior to moving, I am hopeful that will be enough?

[wee carrington 33]

Thanks for the quick replies!

Ok, so if I (as a Canadian) can visit the US legally for 6 months in a year, could my husband move to the USA, establish domicle and I could "visit" him for 6 months, file my I-130 and then return to Canada for the remaining wait for my Visa? Could I do this if I file for the I-130 here in Canada or will they disallow a visit to the USA for such a long period based on the fact that I am applying for immigration?

I have read about Montreal being tough on proving domocile. My biggest worry, but if my husband has to move first I am prepared for it. If we can show that we have already leased an apartment, opened bank account prior to moving, I am hopeful that will be enough?

The CO could refuse you entry if they're not satisfied that you really intend on going back to Canada.

[Ryan H 3,834]

The CBP Officer could refuse you entry if they're not satisfied that you really intend on going back to Canada.

I changed CO to CBP officer in the original sentence because Consular Officers have nothing to do with US border entry procedures, that is the purview of US Customs and Border Protection (CBP).

[wee carrington 33]

I changed CO to CBP officer in the original sentence because Consular Officers have nothing to do with US border entry procedures, that is the purview of US Customs and Border Protection (CBP).

I meant "Customs Officer" I have seen it referred to on here as "CO" as well before.

Edited December 31, 2011 by Mrs GH

[pushbrk 13,111]

I meant "Customs Officer" I have seen it referred to on here as "CO" as well before.

Customs.....and immigration are separate functions. When entering the usa, you pass through both immigration and customs. Customs is the part after you reclaim your luggage. Both groups of officers are CBP officers but serve a different function. Here on VJ we refer to them as CBP officers, so as to not confuse people using the same abbreviation for two things. For some reason, we aren't so careful when using AOS.