Confused about how to file application for my Canadian husband - in or out of the country?

[TwoChickies 105]

This is my first post here after reading lots of people's stories. I'm sorry if this has been asked loads before, I just was having a hard time finding the exact scenario.

My husband and I got married this year (this month actually), 8/8/14. He is Canadian and I'm American. We are looking to have him move to the states with me. Right now I am in Canada visiting him, set to go home in a month.

We thought we could file the I-130, Petition for an Alien Relative and have that be that. We are now realizing none of this is that simple.

It doesn't seem that I can file this while visiting him in Canada, that I have to wait to file it once I am home in the states. Is this correct?

Is there any other way to apply? Any suggestions/advice is greatly appreciated.

Thanks.

Edited August 30, 2014 by TwoChickies

[Hypnos 6,576]

You can file it now, from anywhere.

[TwoChickies 105]

I was reading the I-130 guide and it said something about the US citizen needing to be in the US and the spouse needs to be outside. That it also must be sent by USPS, which obviously, I cannot do while being in Canada.

I didn't have this impression from the government websites though, I thought it was simply dependent on where the spouse was, not me. If I can file it now that is fantastic news! I just don't want anything on the application to be wrong or false by mistake, and if I say I'm currently living here (while visiting), but that isn't allowed, I don't know what my other options are.

[NikLR 13,227]

~~moved to IR1/CR1 process and procedures from What Visa Do I need~~

Yes you can file it now, use Canada post, DHL, UPS, or FedEx. Go ahead and start the petition whenever you get everything together.

[Hypnos 6,576]

I was reading the I-130 guide and it said something about the US citizen needing to be in the US and the spouse needs to be outside. That it also must be sent by USPS, which obviously, I cannot do while being in Canada.

None of the standalone I-130 guides say this.

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

Edited August 30, 2014 by Hypnos

[TwoChickies 105]

None of the standalone I-130 guides say this.

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

I saw something else that said it needed to be sent using USPS, then. Apparently not a standalone. This is all obviously very confusing or I wouldn't be asking questions. No need to be rude or unhelpful. I'm guessing you were in my shoes, once.

Thank you NLR for moving it, I'm sorry I posted it in the wrong forum. Clearly didn't know where it should go, haha.

I will mail it off ASAP.

[Ryan H 3,812]

Not being rude; simply stating a fact.

(unnecessary comment removed - VJ Moderation)

[NikLR 13,227]

Read our guides here thoroughly to make sure you get everything and don't send anything that's not needed.

[kehills 217]

I suspect you were confused about the fact that depending on HOW you mail your packet, you send it to one of two addresses. If you are mailing via USPS, you send it to a different address than if you are using a courier service. (Since you're mailing from Canada, I would use a courier service, not Canada Post to USPS.)

[P&DSigler 11]

This is my first post here after reading lots of people's stories. I'm sorry if this has been asked loads before, I just was having a hard time finding the exact scenario.

My husband and I got married this year (this month actually), 8/8/14. He is Canadian and I'm American. We are looking to have him move to the states with me. Right now I am in Canada visiting him, set to go home in a month.

We thought we could file the I-130, Petition for an Alien Relative and have that be that. We are now realizing none of this is that simple.

It doesn't seem that I can file this while visiting him in Canada, that I have to wait to file it once I am home in the states. Is this correct?

Is there any other way to apply? Any suggestions/advice is greatly appreciated.

Thanks.

Hi,

We are both in Canada as my US husband is also a Canadian. We couriered our I-130. What you were reading was probably talking about how the US citizen must be domiciled in the US to be able to petition. This is only mostly true. In our case my husband must just show that he plans to re domicile in the US by the time that I enter. With you already living in the US you have no problem with this at all

Good luck. It won't be fast but you are close enough to visit. Your husband too