Advice on spouse visa process

[Karabas 0]

Hi everyone!

First off, thank you all for a wonderful forum. I've read through a lot of pages and they've been very helpful. However, because of religious and cultural considerations, my situation is a bit different and I'm wondering what the best course of action is.

Long story short, my spouse is Canadian, we got our religious wedding done in Canada in November and for various reasons outside our control I have not yet filed for her immigration into the US. However, our official wedding reception will be in Canada a month from now and culturally it is expected that she move in with me afterwards. My question is whether this is at all possible and what would be the best way to go about it: K-1, K-3, or CR-1? If I send all the paperwork in this week, would she be able to cross the border with me for a visit after the reception? I know Canadian citizens are allowed 6 months' stay in the US - would the border agents let her through if we say that's what she's doing? Or would she have to keep the time shorter - say 1 or 2 months and then return to Canada? How long would she have to stay? For example, could we go visit her family in Canada for a weekend every month or two and then come back into the US again until the visa process is finished?

The other issue is that my spouse is currently her parents' dependent and will then become my dependent. That is, she's living with her parents, has no permanent job, does not pay bills (outside of cellphone), does not own a car or a house. This means that aside from showing her cell bill and return tickets to Canada, there isn't much that she can show to prove ties to Canada (or does having family there count?). Also, we both strongly prefer that she doesn't travel alone, so I would have to accompany her. I can probably stay in Canada with her family for some time, but eventually I would have to return to the US, especially since I'll need to have a job to justify my affidavit of support.

So the question is: is there any way, even round-about (but legal, obviously) to make this work? I don't mind making regular trips up to Canada, as long as she can stay with me most of the time while we're filing for her immigration. I'd greatly appreciate any advice (and if I missed older posts applicable to this situation, I do apologize). This is overall pretty confusing.

[canadian_wife 1,822]

http://www.visajourney.com/content/i130guide1

Welcome to Vj

Well good news! You only have 1 option. You are married so you would file for the Cr-1 spousal visa. See the link above for the guide

Now, visiting is strictly up to the CBP - with her lack of ties (and no, family does not count as an adult woman is expected to leave her family and move with her husband) you might run into some problems. Now, many many many people visit their spouses with no issues, but what will you do/say if asked for ties when you cross into the US?

Regardless, file for the Cr-1 visa now, she'll interview in Montreal (doctors for her medical are in Vancouver, Toronto and Montreal...where is she from?)

Good luck

[NigeriaorBust 4,087]

To expand on the above, being Canadian does not grant special immigration rights, being the cultural norm to live together after marriage ( that is the "norm" for all cultures ) does nothing. Being in Canada makes the trips to visit shorter and visa free. If you file now the process is usually one yearish in length. During that time , she can visit the US for about half of any given year. You can visist there about the same. However you may be questioned and turned back at the border for lack of ties ( more apt to happen to her than you ) You must never lie at border questioning.

[Karabas 0]

Welcome to Vj

Well good news! You only have 1 option. You are married so you would file for the Cr-1 spousal visa. See the link above for the guide

Now, visiting is strictly up to the CBP - with her lack of ties (and no, family does not count as an adult woman is expected to leave her family and move with her husband) you might run into some problems. Now, many many many people visit their spouses with no issues, but what will you do/say if asked for ties when you cross into the US?

Regardless, file for the Cr-1 visa now, she'll interview in Montreal (doctors for her medical are in Vancouver, Toronto and Montreal...where is she from?)

Good luck

Thanks She's in Toronto - Ottawa is closer, no? And that's my question really - what should I do to avoid problems as much as possible? I understand that this is not a guarantee, but what are some things we could do to reduce the likelihood of problems coming up? What length of stay should we be asking for? I'm assuming asking for the full 6 months would be pretty risky, right? And when she returns to Canada, when can she re-enter the US again?

By the way, this is some time away, but can she request a female doctor for the medicals?

To expand on the above, being Canadian does not grant special immigration rights, being the cultural norm to live together after marriage ( that is the "norm" for all cultures ) does nothing. Being in Canada makes the trips to visit shorter and visa free. If you file now the process is usually one yearish in length. During that time , she can visit the US for about half of any given year. You can visist there about the same. However you may be questioned and turned back at the border for lack of ties ( more apt to happen to her than you ) You must never lie at border questioning.

I'm not asking for special rights, and for us living together is cultural requirement, not the norm. That is, we never lived together before. Afterwards, I can live with my in-laws and her, but I cannot leave her alone there, for example. Obviously, people understand that sometimes things get in the way, but what I'm asking is how I can abide by these cultural norms as much as possible. You say that she can spend about half the time in the US - so if she visits me for a month, she should stay in Canada for a month or so also?

Thanks for all the help guys!

[canadian_wife 1,822]

Nope, Ottawa has nothing to do with this process.

Since she's in Toronto she can do the medical in Toronto, the only doctor is Dr. Seidan who is male. Not sure about the doctor in Montreal but if he is male then that is your only option....unless you want to fly her out to Vancouver to see if that one is female.

If living together was part of your requirement then you should have applied for a K-1 visa, not a spousal visa. Since that was not the case, you'll have to do what is necessary.

To minimize problems, you'll want to incrase her ties. All your questions pertaining to visiting is really up to the CBP. She may not have any problems but then again she might. she may be able to turn right around a visit after returting home, but she might not. To help her, increase her ties - can you do that?

Good luck

[bsd058 296]

If you call the CBP post (US side) and discuss with them the situation, they will probably let you know, that she cannot move anything down with her to the US, but she can visit you for 6 months at a time. As long as she has a job, a rental agreement, a vehicle registered in her name, a plane ticket back to Canada, or any other ties, she should bring any and all of those and let CBP know that she is just visiting for the allotted. If you call CBP, they can let you know your chances of getting across the border. Honestly, I've been across the border hundreds of times and if you're honest and up front with everything they are really nice people. Once in a while if you get a douche, you can ask to speak to their supervisor and complain. They are people just like us. Sometimes they get on power trips when they are newer but for the most part they are good about letting Canadians across the border to visit if they haven't had any problems with them before.

Again, though. Call the port of entry, and talk to them about your situation. They will help you. They are really nice if you're up front about EVERYTHING.

[Karabas 0]

Nope, Ottawa has nothing to do with this process.

Since she's in Toronto she can do the medical in Toronto, the only doctor is Dr. Seidan who is male. Not sure about the doctor in Montreal but if he is male then that is your only option....unless you want to fly her out to Vancouver to see if that one is female.

If living together was part of your requirement then you should have applied for a K-1 visa, not a spousal visa. Since that was not the case, you'll have to do what is necessary.

To minimize problems, you'll want to incrase her ties. All your questions pertaining to visiting is really up to the CBP. She may not have any problems but then again she might. she may be able to turn right around a visit after returting home, but she might not. To help her, increase her ties - can you do that?

Good luck

I haven't filed for anything yet, we're still assembling all the documents together to mail sometime next week. One of the people above said CR-1 is the only option - is K-1 still possible and better?

Increasing the ties - I don't know, she's been living with her parents since birth. She's probably registered at her parents' house, would that work? Like her credit card statement addressed to her house?

If you call the CBP post (US side) and discuss with them the situation, they will probably let you know, that she cannot move anything down with her to the US, but she can visit you for 6 months at a time. As long as she has a job, a rental agreement, a vehicle registered in her name, a plane ticket back to Canada, or any other ties, she should bring any and all of those and let CBP know that she is just visiting for the allotted. If you call CBP, they can let you know your chances of getting across the border. Honestly, I've been across the border hundreds of times and if you're honest and up front with everything they are really nice people. Once in a while if you get a douche, you can ask to speak to their supervisor and complain. They are people just like us. Sometimes they get on power trips when they are newer but for the most part they are good about letting Canadians across the border to visit if they haven't had any problems with them before.

Again, though. Call the port of entry, and talk to them about your situation. They will help you. They are really nice if you're up front about EVERYTHING.

Thanks for that. From Toronto if you're flying, the border agents are on the Canadian side (i.e. in the Pearson airport), so I should call those?

[Ryan H 3,812]

is K-1 still possible and better?

No, since you are married, the K1 is not possible for you. K1 is a fiance(e) visa.

[Karabas 0]

No, since you are married, the K1 is not possible for you. K1 is a fiance(e) visa.

How about K-3?

[reginakrys 33]

How about K-3?

The K-3 route is essentially obsolete. What happens is this: after you get your NOA1 from your I-130 petition, you send in the 129F, and this moves your file further down the queue. Both petitions are approved together, and they are sent off to NVC at the same time. If NVC receives both at the same time, they administratively close the 129F, leaving you with only the IR-1/CR-1 route.

So all you would have done is bump your file further.

[Karabas 0]

The K-3 route is essentially obsolete. What happens is this: after you get your NOA1 from your I-130 petition, you send in the 129F, and this moves your file further down the queue. Both petitions are approved together, and they are sent off to NVC at the same time. If NVC receives both at the same time, they administratively close the 129F, leaving you with only the IR-1/CR-1 route.

So all you would have done is bump your file further.

I see, makes sense. Thanks everyone