Want to work - applying from Canada

[SWebner 1]

Hello everyone! I hope all your applications are going smoothly!

I have not yet filed for any applications and for now I am simply exploring the various options for my particular circumstance.

I am currently in Canada, my wife of 3 years is with me but she is going to be moving back to USA and we are going to pursue getting me down there with her.

I need the best and most concise way to get me down there and working. I have no children of my own so things SHOULD be simple.

I just need some advice as to what papers I should file and things to consider.

Thank you all in advance!

[SWebner 1]

I should also note that my wife is a born and raised American.

[Inky 1,110]

Look at the IR-1 / CR-1 guide. She will file for an IR-1 as you have been married more than 2 years.

http://www.visajourn...tent/i130guide1

K-3 is not an option.

Moved from K-3 forums to IR-1 CR-1 spousal forums.

Edited May 2, 2012 by Inky

[Anh map 2,098]

Look at the IR-1 / CR-1 guide. She will file for an IR-1 as you have been married more than 2 years.

http://www.visajourn...tent/i130guide1

K-3 is not an option.

Moved from K-3 forums to IR-1 CR-1 spousal forums.

IS DCF no longer available from the Canadian consulates?

[Inky 1,110]

IS DCF no longer available from the Canadian consulates?

Nope gone the way of the dinosaur quite a while ago.

[grrrrreat 109]

Hello everyone! I hope all your applications are going smoothly!

I have not yet filed for any applications and for now I am simply exploring the various options for my particular circumstance.

I am currently in Canada, my wife of 3 years is with me but she is going to be moving back to USA and we are going to pursue getting me down there with her.

I need the best and most concise way to get me down there and working. I have no children of my own so things SHOULD be simple.

I just need some advice as to what papers I should file and things to consider.

Thank you all in advance!

Read the IR-1 Guide and be prepared for a wait. If your wife is able to file the petition while she is resident in Canada, it will likely be processed faster than if she waits until she gets back to the U.S. (Petitions filed by a U.S. citizen overseas are unofficially "auto-expedited".) Gaining a visa can take several months and up to more than a year. When you enter the U.S. with an IR-1 visa, you are issued a temporary Green Card and can work immediately--a permanent Green Card is mailed to you.

Depending on your occupation, you may also qualify for an employment-based visa. These visas can vary in terms of their requirements and benefits, and require an employer who is willing to sponsor you and file a petition on your behalf. Certain of these will grant a Green Card immediately, although you generally have to be very well skilled to qualify for those. You might also consider seeking an H1-B visa, especially if you work in engineering or science. Although those don't grant a Green Card, you can apply to adjust status after you are in the U.S. based on your marriage. Be wary of seeking "non-immigrant visas" such as the TN, as you will not qualify for these if you intend to settle permanently in the U.S. with your wife.

Lacking children doesn't actually make it much simpler, to be honest. It just dispenses with the need to seek visas for them.

[SWebner 1]

Employment based visa would not be an option for me.

It looks like I better get started.

Thank you so much for the quick and detailed response!

[SWebner 1]

Would there be any alternative to filing an Affidavit of support for my spouse?

She has been with me in Canada, unable to earn income, for the past 3 years now.

Would she be able to use old tax returns?

It would be difficult for us to find someone to co-sponsor.

Would I be able to use the fact that I've been supporting her in canada for the past 3 years to help my case?

[Anh map 2,098]

Would there be any alternative to filing an Affidavit of support for my spouse?

She has been with me in Canada, unable to earn income, for the past 3 years now.

Would she be able to use old tax returns?

It would be difficult for us to find someone to co-sponsor.

Would I be able to use the fact that I've been supporting her in canada for the past 3 years to help my case?

Current and continuing income is what is needed to satisfy the affidavit of support. Past tax returns are not applicable.

Your spouse will file an affidavit regardless of income. If you two will not have income that will continue in the US then she needs to get a US based job that meets the income requirement for your household (US citizen + children + immigrant). You can use assets to satisfy the requirement. The value of the assets needs to be 3 X the income amount.

This I-864 FAQ may be helpful to you >> http://travel.state.gov/visa/immigrants/info/info_3183.html

The income requirements are in the form I-864P. You can find the link below in my signature.

[grrrrreat 109]

Would there be any alternative to filing an Affidavit of support for my spouse?

She has been with me in Canada, unable to earn income, for the past 3 years now.

Would she be able to use old tax returns?

It would be difficult for us to find someone to co-sponsor.

Would I be able to use the fact that I've been supporting her in canada for the past 3 years to help my case?

If your income will continue from the same source after you immigrate to the U.S., you can count it on the I-864 that your wife will file. I imagine this applies only to self-employed people or people whose jobs are transportable. If you have a lot of assets you can count that too (you need three times the amount of the poverty guidelines). In addition, if you have worked for 10 years in the U.S. and paid Social Security taxes, you are exempt completely.

Otherwise, you'll need a co-sponsor. Another option is for her to return to the U.S., establish domicile, and gain a job that has the required amount of income before she files the I-864.

The I-864 doesn't have to be filed until the I-130 is approved, which could be several months from now, so don't let it prevent you from filing the I-130 now. Your wife is supposed to include her most recent tax return. If she was not required to file a tax return, she only has to submit a statement saying that and explaining why.

[SWebner 1]

Thank you all for your continued support!

After I file the I-130, will I still be able to visit my family down south? Will There be any restrictions as to when or for how long? will I need any extra documentation for visits?

[NikLR 13,227]

There is a post or two in the Canada regional forum about travelling down south to visit our spouses. Mainly you need to bring evidence that you will be going back, like a letter from your employer, lease, bills, and a return ticket. I think showing proof you're doing things legally (like a copy of the NOA1 letter or email) helps too. You can go down, but it is dependant on the border patrol officer. I'll be flying down on Friday so I can update on how it goes for me.

If a joint sponsor will be too hard it would be good for her to go back to get a job. If there is just two of you the income level isn't that high and about equivalent to a $10+/hr fulltime job.

[SWebner 1]

Look at the IR-1 / CR-1 guide. She will file for an IR-1 as you have been married more than 2 years.

http://www.visajourn...tent/i130guide1

K-3 is not an option.

Moved from K-3 forums to IR-1 CR-1 spousal forums.

Hello, I was talking to the BPS staff and he mentioned that i could try to apply for I-129F K3 visa,

I am just wondering why the K-3 visa would not be an option?

[NikLR 13,227]

Because it's obsolete and rarely granted. The I-129f would need to be approved and make it to NVC before the I-130. And the consulate or embassy would need to proceed with the K3. It just doesn't happen that often and the NVC will administratively close the I-129f if it is received at the same time or after the I-130. If it makes it and is approved you'd have to adjust status which means applying for AP and EAD as well if you want to travel or work. It's $1070 for AOS. It takes just as long if not longer for the k3 as the cr1 and the cr1 is the superior visa.

Edited May 26, 2013 by NikiR

[SWebner 1]

Because it's obsolete and rarely granted. The I-129f would need to be approved and make it to NVC before the I-130. And the consulate or embassy would need to proceed with the K3. It just doesn't happen that often and the NVC will administratively close the I-129f if it is received at the same time or after the I-130. If it makes it and is approved you'd have to adjust status which means applying for AP and EAD as well if you want to travel or work. It's $1070 for AOS. It takes just as long if not longer for the k3 as the cr1 and the cr1 is the superior visa.

Thanks for the excellent explanation Niki.

I will just stick to the CR-1 option. I will be updating my profile info/timeline once I file!

By the way... CONGRATS ON YOUR APPROVAL!! looks like you just got it 2 days ago!!

Edited June 6, 2013 by SWebner