Living in Canada, married to US citizen, want to move to US

[ktasera 0]

Hi everyone,

I am hoping someone might be able to provide some guidance to my husband and I. I am an American citizen and he is a Canadian citizen. He was in the US for 6 years on an F-1 visa, and we moved to Canada one year ago together with me on a temporary work permit. We got married shortly after moving up here.

We now want to return to the US, as I have dream job opportunity there. The question is, how does he get into the country with me? He is eligible for both TN and H1b, and would most likely be getting a university job so not subject to caps on the H1b. However, these are non-immigrant visas and if we are married I am concerned they will be rejected since it implies intent to immigrate. I need to accept or reject the job offer within a few weeks. We don't want to be separated... It seems like it would actually be easier for him to get into the country if we were not already married. Something doesn't seem right here. Only safe option seems to be to reject the job, file the 1-130, etc. and wait a year until it is processed, then try again.

I would appreciate any help or advice.

Thank you.

[aaron2020 11,651]

If you want to move back to the US soon, then your husband will not be immigrating with you.

It will take time for either an immigration visa through you or a work visa. Nothing is instanteous.

Here is US laws. As with any body of laws, there are inconsistensies. You decide what to do.

First, it's against the TOS on this site to advocate anything illegal. This post is simply stating the law.

Second, it's illegal to enter the US with the preconceived intent to immigrate.

Third, US law also states that preconceived intent to I!!igrate alone cannot be the basis to rejct an adjustment of status for an Immediate Relative of a US citizen as long as the immigrant did not lie at the POE.

[NikLR 13,232]

If you file from outside the USA and your case ends up at California Service Center, it has been taking 2 months at most to get the I-130 approval. But it's luck of the draw if you end up at that spot.

Keep in mind you still need to do the Affidavit of support so taking the job and moving ahead of time will help vs hinder (but start the immigration process in Canada IMHO.)

Also you can visit and he can visit. It's not like you'll be completely apart plus there is always skype. Hubs and I literally lived on skype until my immigration went through.

[Lakehouse 293]

I suspect you'll get several opinions, and I'll give you mine.

I would suggest that your dream job may not be there next year, but you can bet your husband will be! So even though you'd spend this time apart, I am surprisingly saying you should take the job and file for the I-130 as quickly as possible. And the process seems to have gained some steam so hopefully you wouldn't be separated for a full year.

As absolutely horrible it is to be apart for this year, my 'journey' is nearly over thankfully, and my interview is all that's left before I'm done and can join my husband in the US.

We ended up deciding to leave Canada mainly because he couldn't find work in his field without having citizenship (he had just recently immigrated here from the US and therefore was a 'Permanent Resident')

My husband left back to the US a year ago just before we filed the I-130. He has still not had much success at finding a great job and it's really hard on him. I only wish he had an opportunity that he could describe as a dream job.

Of note on the other hand, it appears from many VJ members and posts, that some applicants who live abroad with their spouse and file the I-130 are currently being sped through the system ie getting their I-130 approval in only weeks! Of course then the NVC stage still takes a few months, but it's definitely faster at the moment if both of you are in Canada.

I do not have any real understanding of the other visa options nor what can be 'switched' to whatever else, so I have no opinion there

Good luck!

[NikLR 13,232]

Yes I agree with Lakehouse. Don't let your dream job run away because it required more work. I am only here in the USA because I supported my husband getting HIS dream job. I gave up a lot to be here. More than most. More than most would.

[warlord 73]

Remember if he is married to you (a USC) then he is not eligible for a TN status and would not be granted one as that is a sole non-immigration status. Being married to a USC voids that and removes him from eligibility. Same with the H1B. So yes, you need to follow the other advice about petitioning for him as a spouse...