I-129 and I-130 for Canadians

[Ryan H 3,834]

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I posted this before, but here's an update.

We're having some issues with my wife immigrating to the states, whereas I have dual citizenship. She's Canadian and had applied for the CR-1 spouse VISA (I-130 document). This is the soonest we could have done it, as we married in May 2015 and had to wait for our marriage certificate before submitting. We tried entering the states with our car, and I guess they figured she was moving in before she had her VISA so we got detained and they told us not to try again or she'll get banned for 5 years. I had (wrongly) assumed that since we are Canadian entering would not be an issue, as we've entered many times before. She did not intend to WORK during this time, just to live with me until we got the VISA. Given she cannot work without a VISA, I assumed this was understood by the border guards.

Since then we've learnt that she could have maybe gotten in had we shown proof of a round trip flight for example, and other ties to Canada such as a job or lease in Canada. Given we were planning on moving, so we got rid of our apartment and job, we could not show any of these. Because of this I guess she's stuck in Canada. Furthermore, I'm guessing she's been flagged, and if we tried to have her enter the country it would ruin her chance at getting the VISA altogether.

Anyways, we spoke to a lawyer by phone and we were told to expect this damn I-130 process to take like 12 months, and we only received NOA1 1 month ago (submitted 2 months ago). Given we just got married and it's pretty brutal to spend a year apart from my wife, we're considering abandoning our plans to live in the US together and I would just move back to Canada. It seems we either A) live separate for a year (really shitty), B) live in Canada for a year and post-pone our lives, or C) try to figure out some way to allow her to cross the border and allow her to enter and stay with me, not working, until her VISA comes in.

So next week we're meeting with the lawyer in person. I wanted to ask here whether people have suggestions for questions we should be asking our lawyer?

thanks guys

I thought it took some time to go through the Canadian process? Do you mean you would visit her?

Canadians do not need visas to visit, VISA is a credit card, tm, but if presumably she has re established ties, job, apartment in Canada she could certainly try and visit you.

12 months seems right.

Visitors can not work in the US anyway. She will be work authorised entering with a CR1 immigrant visa.

They suspected she was immigrating without an immigrant visa, which is why she was refused entry. Technically they likely allowed her to withdraw her request for admission, which is better for you since it doesn't carry a ban.

She can attempt entry as a Canadian visitor in the future, but will likely need to show substantial ties that would necessitate her returning to Canada by the end of her authorised stay. She has probably been flagged for further attention at whatever PoE she attempts entry at from now on.