US Citizen CAN Husband | Working in CAN During Application Process

[ThunderKat 0]

Hello,

I am a US citizen and my husband is Canadian. He is in the process of him emigrating to the US. We have a pending I-130 and I-129 application in the works. We received a receipts on Sept. 8th for the I-130 and Sept. 24th for the I-129. We are scared that this process is going to drag out for an extended period of time for unforeseen reasons. Most importantly, we just want to be together during this process. That is an obvious statement that I'm sure many of you are feeling or have felt throughout this process.

What are our options? I spoke to a few Canadian Immigration consultants and they all said I was more than welcome to search for a job offer and apply for a temporary work permit so I could be with my husband in Canada. I'm concerned with how that might effect his immigration applications into the US if I'm working (even though temporarily) in Canada. What about abroad in other countries that are not his home country. If I was to accept a job offer overseas? Do I need to be making money inside the US and keep a domicile for his support and show that I have a place for him to come and live in the US when this process is complete?

Any and all advice would be extremely helpful. It feels like any decision we make could effect something else down the line. We want to be sure we're making the best decisions for the big picture.

[canadian_wife 1,827]

First, the I129F is essentially a irrelevant petition when sent after the I130. I suggest you read up on the Cr-1 visa.

Secondly, Montreal - where the interview will take place, is VERY strict about domicile requiring the USC to essentially be living and working int he US before the visa will be issued to the Canadian beneficiary. Although moving to canada now to be together is a good idea, the re-establishment of domicile in the US can take time and delay the issuance of the visa (MANY have gone through this and have cursed the day).

As long at the beneficiary is legally in the country (and not just as a tourist) then the beneficiary may interview in that country.

However, none of your options seem to be quick fixes. Getting a job and the required permits to work often take time. You are 5 months into this process, I'd say you are over half way there. I know it is hard - chins up, it will be over one day

good luck

[Raeesa 2]

Hey!

I don't know how much this will help you but I am a CAN citizen and my husband is a US citizen so I know what you're going through. We got married legally in November 2013 and sent out our i130 in mid April 2014. While the petition was pending I came to visit in May 2014 and was honest with the CBP about our current immigration status. I was supposed to return to Toronto a week later and told him that. He stamped my passport for 6 months (normal time allowed for a CAD in US) even though he warned me I shouldn't be visiting for extended periods of time.

Long story short I decided to stay because we couldn't stand the idea of living apart and risking denial at a POE the next time. My petition was approved on September 30, 2014. I spoke to a lawyer and was advised not to leave the country and to file form i485 (adjustment of status) which would allow me to stay until I got my interview etc. I sent the paperwork end of November for AOS as well as AP and EAD and received my the AD and EAP a week ago. Basically I changed from US consulate processing to US NVC processing.

If you decide to follow my path just advise your husband that he cannot leave the US while paperwork is pending until he receives the AP or they won't let him back in. But if he stays in Canada while all this is processing you're looking at more time apart as you still have to receive approval for i130 and then send out immigrant visa processing.

Hope that helps!

[canadian_wife 1,827]

Raessa, thank you for your post but your path is not viable for the OP. Clearly you did not have any intentions of adjusting status when you arrived into the US. The OP has clear immigrant intent with the filing of the I130. Entering as a tourist with immigrant intent is visa fraud and can carry a ban from the US.

Good luck