Wife and I are separating during my IR-1 VISA application

[Hollyday 122]

So you are saying that she can move to the US, and I can move in with her at a later date, as long as 6 months have not passed?

ok, i can't find this in official sources, about the validity of an IR-1 from date of issuing. I know for a K-1 validity is up to 6 months which means the holder can enter the US within 6 months from it being issued. Somehow i was under the impression this is the same for IR-1/CR-1 but now i'm having some doubts about it. Maybe some more experienced member could comment on that.

[knowltz 1]

No, you have six months from the time you are granted the visa at the consulate to immigrate to the US, it has nothing to do with when your wife arrived in the US.

Gotchya. So what about the procedures at the POE with CBP? Should she come with me, and should I have proof of domicile?

[knowltz 1]

ok, i can't find this in official sources, about the validity of an IR-1 from date of issuing. I know for a K-1 validity is up to 6 months which means the holder can enter the US within 6 months from it being issued. Somehow i was under the impression this is the same for IR-1/CR-1 but now i'm having some doubts about it. Maybe some more experienced member could comment on that.

I would think they would have similar lengths? Not good to assume during an immigration process though. By the way, this forum is incredibly insightful. It definitely makes the process easier.

Edited November 1, 2013 by knowltz

[knowltz 1]

Your wife can move to the USA at anytime as she is a USC. You have 6 months from the medical date, if your visa is approved, in which to move to the USA. Most of us do not complete this process together. My husband lived in the USA the entire process and I was in Canada. We were able to visit but there are some who don't even have that.

Excellent. Thank you!

[Boiler 46,359]

It has been said that Consular Officers read posts on VJ. This and a few others of late must, if they were not already so inclined, make you somewhat cynical.

Or is it just me?

[Jawaree 718]

Your life is not up for discussion but

U open the gate on the question of separation

dude so at some point there seem to have been

a conversation between U 2 about that...with

that been said couples have their ups & downs

especially when stressful situations comes into

play.

You can poe after she goes to the US & prepare a

place to live obtain work etc, what U should do is

continue to work , rent a small place until interview

time...hopefully she is willing to take the I864

responsibility....good luck buddy

[Kathryn41 3,205]

knowzit,

you and your wife will find this pinned link in the Canada Regional forum of interest to your IR-1 visa petition/application: http://www.visajourney.com/forums/topic/164618-proving-domicile-when-not-living-in-the-us/

The hardest part of the IR-1/CR-1 process for most Canadian/American couples resident in Canada is proving that the US spouse is domiciled in the US. She/he must submit evidence that proves their residency in the US or proves that they are in the process of re-establishing US residency. Often it means that the couple is separated while the US partner returns to the US and the Canadian partner waits until the visa is approved.

All marriages go through shaky times. If you are separated or know you are separating then it would be fraud to continue on the visa process knowing that you will not be married to your partner in the near future. If you have not decided to separate permanently, then you can continue with the process with the hopes that any differences you have will be resolved by the time the visa is granted.

One thing to remember - it is not easy living in the US as a newcomer. Even if you have a job and source of income right away, you will still find yourself very dependent on your American spouse who, as an American, is granted greater rights and opportunities than you as a non-American are. If your marriage is rocky and falls apart after you do move to the US, you may find that the new life you thought you would enjoy in the US is out of reach. If you think your marriage may not make it, then please consider that you are probably much better off staying in Canada.

Edited November 2, 2013 by Kathryn41

[Jematt 7]

It has been said that Consular Officers read posts on VJ. This and a few others of late must, if they were not already so inclined, make you somewhat cynical.

Or is it just me?

I've wondered about that. It seems that they might. Although, not sure any of "this" could justifiably be used in a case seeing as usernames are fairly anonymous, etc. But, still...definitely reason to be careful what's posted.

Good luck with your marriage, knowitz. Separations/divorces are painful and horrible. I hope you and your wife can work things out and remain happy together and manage the bumps that have dotted your road.

[Hollyday 122]

I've wondered about that. It seems that they might. Although, not sure any of "this" could justifiably be used in a case seeing as usernames are fairly anonymous, etc. But, still...definitely reason to be careful what's posted.

Good luck with your marriage, knowitz. Separations/divorces are painful and horrible. I hope you and your wife can work things out and remain happy together and manage the bumps that have dotted your road.

Well, putting the nickname, country and NOA1 date together is not exactly hard. I think there's a fairly good chance of being identified by the immigration authorities on here based on what you disclose and choose to discuss. People even have pictures on here.

[PhilLuv 43]

It is 6 months from the date of the medical examination - not 6 months from the date the visa was issued.

[Hollyday 122]

It is 6 months from the date of the medical examination - not 6 months from the date the visa was issued.

What's weird though is that for K-1 it says specifically 'With your visa, you can apply for a single admission at a U.S. port of entry within the validity of the visa, which will be a maximum of 6 months from the date of issuance.'

[JadeyHexed 29]

It is 6 months from the date of the medical examination - not 6 months from the date the visa was issued.

This is incorrect. The 6 month window for you to enter your POE in the US begins the day they issue your K-1 visa.

[Hollyday 122]

This is incorrect. The 6 month window for you to enter your POE in the US begins the day they issue your K-1 visa.

The question was initially about IR-1/CR-1 but i suspect it'd be the same.

[Ms Hogan 295]

This is incorrect. The 6 month window for you to enter your POE in the US begins the day they issue your K-1 visa.

You are speaking about a K-1 visa as an example but quoting a post regarding a CR1/IR1 visa which IS valid for 6 months from the date of the medical.

Perhaps the fiance visas are based on the issue date of the visa but for the CR1/IR1 it is 6 months from the medical.

To the OP, perhaps being apart for a while as you complete the process in Canada and your wife sets up domicile in the US will be a healthy little break and some time apart that in the end will make you stronger. You've been married longer than many of us when we applied so you have a much stronger history with your wife. A break for a few months could help rekindle things.

Good luck with everything!

[PhilLuv 43]

This is incorrect. The 6 month window for you to enter your POE in the US begins the day they issue your K-1 visa.

JaredHexed i beg to differ. I did asked the CO during my recent interview and i have my visa which reflect that. My sister-in-law who applied for CR-1 also had only 4 months to enter from the UK - it was 6 months from the medical.