What route is the quickest? or am I even able?

[Mswalleye 0]

I am Canadian, husband is Canadian and US Citizen (married 10 years, he has been Canadian Citi for 3 years). We are not sure where we will eventually retire but right now his mom (in USA) needs help if she wants to stay in her own home. I have been thinking that I would like to help her out, my husband also has a house in the USA that we have been working on with the idea of eventually selling. My husband has things he likes to do in Canada in the summer months so does not really want to move down to the USA fulltime right now so it would really just be me going down fulltime. What would I need to do to be able to cross over sooner than later, I would also like to be able to work PT while there ... because we are up in the air about where we want to retire it would be nice to work towards citizenship if we decide to move down there. I also have a pardon for a charge 28 years ago which from what I understand does not require a waiver .. it is considered a petty offence. His mom is 91 this May and if I go through the process in Canada ... I think she will end up in a home before the process would allow me to go over. Any thoughts on the best way to proceed? I am thinking he petitions (he does have a house, we have credit cards and bank accounts there), I just cross over like I do on a regular basis (border town) and then Adjust Status while I am there? thoughts on this? thanks in advance

Edited February 18, 2015 by Mswalleye

[Cody and Daisy 373]

Trying to understand your post.

You are Canadian and you live with your USC husband in Canada?

And you want to move to the states to live with his mother whilst he stays in Canada?

[N-o-l-a 7,167]

Let's say he decided to re-establish domicile in America, which he'd need to do and with a lot of proof for Montreal, and then work from that premise. He'd need to file an I-130 for an IR-1 visa for you and he'd need to be officially living in America or moving back with you on the day you activate that visa. You'd be ok to work right away with an IR-1.

The process is taking 9+ months right now.

Adjusting status is for non immigrant visa holders, so if he petitioned an I-130 for you, you would not adjust status, but you could continue to visit America in the meantime.

[NikLR 13,227]

There isn't a possible route for you right now if your husband (the USC) stays in Canada. The only route would be for you to go through the IR1 process and both move to the USA. You can visit the USA, however you cannot live there fulltime or adjust your status.

[Mswalleye 0]

Okay say he moves back into his house, I go down to visit for awhile .. I am allowed to be there for 6 months .. I decide to stay .. wouldn't he just file I-130 and I can't remember the other form concurrently and then once both are processed I could adjust my status from a visitor to permanent resident? I realize that when I cross the intent is a visit not to stay but I could just say that I decided to stay to take care of his mom. I realize the consular route takes awhile and that is why I am trying to avoid it, his mom could use the help now.

[N-o-l-a 7,167]

Okay say he moves back into his house, I go down to visit for awhile .. I am allowed to be there for 6 months .. I decide to stay .. wouldn't he just file I-130 and I can't remember the other form concurrently and then once both are processed I could adjust my status from a visitor to permanent resident? I realize that when I cross the intent is a visit not to stay but I could just say that I decided to stay to take care of his mom. I realize the consular route takes awhile and that is why I am trying to avoid it, his mom could use the help now.

It is against the TOS of this site to discuss preconceived notions of adjusting status as it is visa fraud.

Edited February 19, 2015 by N-o-l-a

[Mswalleye 0]

Sorry about that.. If he moves back to his house I don't think Montreal would have a say in it? He can freely move back to the USA. I could cross over , and I would have up to 6 months to decide if I would want to adjust .... because we are not sure where we want to end up, I have concerns about the tax implications of a move so... until I talk to an immigration lawyer and a tax specialist .... I guess I don't really know what the best move is. thanks anyways

[Pennycat 880]

I could cross over , and I would have up to 6 months to decide if I would want to adjust

This kind of talk us what the above poster was referencing. It doesn't work like that. Unless you play faster and looser with the law than this site allows.

[Mswalleye 0]

Not sure I understand what you are saying, this is what I understand from everything I have read, as a visitor I can stay up to 6 months, maybe after I talk to immigration and the tax specialist I will decide not to go through with it but if I decide to adjust from what I understand we can go forward from there? Not sure what is so fast and loose about that? that is the system .. I am just trying to understand it and find the best route to get over sooner than later to help out my mother in law. I am quite certain that most ot the people on this site are looking for the quickest and cheapest way to immigrate.

[TBoneTX 45,329]

It is against the TOS of this site to discuss preconceived notions of adjusting status as it is visa fraud.

For the above reason, this thread is closed to further comment, and it is not to be restarted. OP, you've been clearly given the lawful options.

TBoneTX

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