Travel to US while waiting for green card in Canada - is it allowed?

[lilt 0]

Hello,

I'm a Canadian Citizen married to a USC who has permanent resident status in Canada. We were married in Canada 14 years ago and have lived and worked here the entire time. Next summer we (with our 8yr old daughter whose birth we have declared at the US consulate) are planning to move to the US. Our daughter is set to start at a school there in September, so we'd like to be there by July, 2013. In terms of a job, my husband will be seeking work once we get there. We have ownership of property/house there already.

I would also like to work when I get there, and I've heard that applying for my green card before I get there is the quicker route. My question is, once I start this process, am I able to move to the US before it is completed? It is now, only seven months away.

Also, we're finding it difficult to navigate the application forms I-130, I-325 and I-864 as it's geared towards USC who are petitioning for their spouse while they are living in the US. My husband, however, is not in the US and he does not, as yet, have a job there to support us with. We are moving to his family farm that we are planning to revive. Also, he is planning on getting work, in his profession, off the farm.

Any advise would be helpful.

Thanks!

[bsd058 296]

Hello,

I'm a Canadian Citizen married to a USC who has permanent resident status in Canada. We were married in Canada 14 years ago and have lived and worked here the entire time. Next summer we (with our 8yr old daughter whose birth we have declared at the US consulate) are planning to move to the US. Our daughter is set to start at a school there in September, so we'd like to be there by July, 2013. In terms of a job, my husband will be seeking work once we get there. We have ownership of property/house there already.

I would also like to work when I get there, and I've heard that applying for my green card before I get there is the quicker route. My question is, once I start this process, am I able to move to the US before it is completed? It is now, only seven months away.

Also, we're finding it difficult to navigate the application forms I-130, I-325 and I-864 as it's geared towards USC who are petitioning for their spouse while they are living in the US. My husband, however, is not in the US and he does not, as yet, have a job there to support us with. We are moving to his family farm that we are planning to revive. Also, he is planning on getting work, in his profession, off the farm.

Any advise would be helpful.

Thanks!

They are at the top of the page in the blue bars.

I've heard that waiting in Canada is the best option for most people. Because as soon as you enter you're a permanent resident. The only issue you might run into (most people run into it) is when it comes time for your husband proving that he can sponsor you, your assets will need to be used or else he will need to get a job and begin getting paid (to prove his salary) before you actually move.

Also, when you enter the US, the immigration officer will ask you what the purpose for your trip is. If you say you are intending to immigrate, he will turn you right around at the border. If you say you are merely visiting, and yet you are intending to stay, then you are committing fraud. Both of these are bad ideas.

Adjusting status is for people who change their mind about their purpose for being in the US, and they now intend to stay. They had the intention of entering the US to visit and then decided to stay permanently. This is not your case. You can help your husband move to the US and if you happen to change your mind about just helping move while you are there, you should be allowed to adjust status.

I helped my wife move to the US (she is the USC) and get settled before coming back to wait for my visa. It was the only honest way I could immigrate. I'm just waiting right now to have my petition accepted and move onto the NVC and Consulate stages.

So your safe options are as follows:

1) Wait in Canada until your visa goes through. If you have enough assets for your hubby to qualify as the sponsor, then this can be done easily; and,

2) Visit the US and change your mind while there. You cannot plan for a change of mind. You can only have one.

To find out if you have enough assets to qualify, please see the I-864 (Affidavit of Support).

Also, your little one (if your hubby is the father) should qualify for citizenship, and does not need a green card necessarily. You might want to look into (if you haven't already) getting her proof of citizenship.

Edited December 5, 2012 by bsd058

[hikergirl 277]

At the top of the Canada forum there is a thread on proving domicile, I am not sure what this entails as my hubby is living and working in the US, but you should read up on it. Here is a link to the Canada forum: http://www.visajourney.com/forums/forum/93-canada/

The only way for you to move to the US is by your husband petitioning for you and for you to have a visa prior to crossing the border. Here is the guide for that: http://www.visajourney.com/content/i130guide1

Unfortunately there is no USCIS office in Canada, so you will not be able to do a DCF.

The only forms you have to worry about right now are the first set and this should be your immediate priority. Get the petition off as soon as possible then worry about the rest. The I-864 is for down the road and you can read up on the requirements once you get the first set of documentation sent off.

Your timeline is going to be tight but it could happen with the times you are hoping for.

[lilt 0]

They are at the top of the page in the blue bars.

I've heard that waiting in Canada is the best option for most people. Because as soon as you enter you're a permanent resident. The only issue you might run into (most people run into it) is when it comes time for your husband proving that he can sponsor you, your assets will need to be used or else he will need to get a job and begin getting paid (to prove his salary) before you actually move.

Also, when you enter the US, the immigration officer will ask you what the purpose for your trip is. If you say you are intending to immigrate, he will turn you right around at the border. If you say you are merely visiting, and yet you are intending to stay, then you are committing fraud. Both of these are bad ideas.

Adjusting status is for people who change their mind about their purpose for being in the US, and they now intend to stay. They had the intention of entering the US to visit and then decided to stay permanently. This is not your case. You can help your husband move to the US and if you happen to change your mind about just helping move while you are there, you should be allowed to adjust status.

I helped my wife move to the US (she is the USC) and get settled before coming back to wait for my visa. It was the only honest way I could immigrate. I'm just waiting right now to have my petition accepted and move onto the NVC and Consulate stages.

So your safe options are as follows:

1) Wait in Canada until your visa goes through. If you have enough assets for your hubby to qualify as the sponsor, then this can be done easily; and,

2) Visit the US and change your mind while there. You cannot plan for a change of mind. You can only have one.

To find out if you have enough assets to qualify, please see the I-864 (Affidavit of Support).

Also, your little one (if your hubby is the father) should qualify for citizenship, and does not need a green card necessarily. You might want to look into (if you haven't already) getting her proof of citizenship.

Thanks for the reply. It turns out that since I read this, I discovered (wrongly) I could go the K-3 Visa route - which would have allowed me to start the process with the I-130, get a visa to enter the US and then continue process in the US. I then found (through this site on another forum) that they don't really issue the K-3 visas anymore since the IR-1 route is just as long.

So, it turns out I'm going to take the route you suggest, by applying for and waiting for my green card here in Canada. When the time comes to move, I'll figure out what to do if I haven't received it yet. Seems like you were able to enter the US to help your wife move. I may do the same.

Thanks.

[lilt 0]

At the top of the Canada forum there is a thread on proving domicile, I am not sure what this entails as my hubby is living and working in the US, but you should read up on it. Here is a link to the Canada forum: http://www.visajourney.com/forums/forum/93-canada/

The only way for you to move to the US is by your husband petitioning for you and for you to have a visa prior to crossing the border. Here is the guide for that: http://www.visajourney.com/content/i130guide1

Unfortunately there is no USCIS office in Canada, so you will not be able to do a DCF.

The only forms you have to worry about right now are the first set and this should be your immediate priority. Get the petition off as soon as possible then worry about the rest. The I-864 is for down the road and you can read up on the requirements once you get the first set of documentation sent off.

Your timeline is going to be tight but it could happen with the times you are hoping for.

Yes, thanks. Sending off the I-130 and the G-325a's for us both in the next few days. Then crossing my fingers.

Thanks!