Advice Needed: American/Canadian Living in Canada Looking To Move South

[Shaun&Jessica 0]

Hello everyone and thank you in advance for any advice you can give us! Most importantly, we want to make sure we are doing this properly and legally as we do not want to risk anything but also want to spend as little time apart as possible.

My wife (Jessica – American) and I (Shaun – Canadian) are looking for some advice on how to proceed with our situation. I have found some very helpful information on this site so far but haven’t found a similar case to ours (although I’m sure there are numerous amounts) so I wanted to confirm we were going about this the right way before proceeding.

Condensed Timeline:

04/04/2013 – Met In Las Vegas, NV

02/02/2014 – Jessica Moves To Seattle, WA From Oklahoma City, OK

06/22/2014 – Married In Coeur d'alene, ID

10/04/2014 – Jessica “Moved” To Victoria, BC, Canada

Long story short, we are both currently in Canada. Jessica has been “visiting” here since October 2014 (we are in the process of Canadian Permanent Residency – “Inland” application), however we are thinking about moving down the states for a job opportunity my wife cannot pass up.

We are thinking of starting the CR-1 process from here in Canada to hopefully make the wait shorter when we decide to make the move to the USA, even if this job doesn’t pan out.

Is the CR-1 application process the correct route to take? If not, what process should we be looking at?

Am I mistaken that the I-130, NOA1 and NOA2 are the first steps of any application process?

Can we start the above steps and delay the rest until we are ready to move, either months or years down the road?

If I leave my job and give up our apartment what other documents can I show the border when I go to visit? I plan on staying in Canada for a portion of the process but most likely would go visit for an extended period before interview/approval.

Thanks!

[Transborderwife 4,666]

You have a good idea about the process but are missing some points. The visa doesn't wait on you, you wait on it. Before investing time and money be ready.

The border will want to see a job, home, other substantial ties, however many Canadians pass without issue. Just err on the side of caution. Also be aware that all ir1 interviews for canada are done in Montreal

Edited November 3, 2015 by Transborderwife

[Shaun&Jessica 0]

You have a good idea about the process but are missing some points. The visa doesn't wait on you, you wait on it. Before investing time and money be ready.

The border will want to see a job, home, other substantial ties, however many Canadians pass without issue. Just err on the side of caution. Also be aware that all ir1 interviews for canada are done in Montreal

Thanks!

Ya we are planning on having to go to Montreal at some point in the process.

What I mean by can we delay the process is if we finish all the way up until NOA2, can we delay other steps (i.e. reschedule interview over and over, etc.) until we are good to go if for some reason she doesn't get this job or another one right away. Or how long after approval do I have until I have to enter/live/work in the USA?

The problem with waiting until she gets a job is then we would be starting the process then, instead of getting ahead of it and completing a few steps (which seem to take the longest), and we won't be apart for as long.

[Shaun&Jessica 0]

Anyone?

[Canerican 242]

Shaun and Jessica,

Here is some advice...You will need to prove that Jessica can support you. Look at the poverty guidelines, she will need to meet the 125% guideline. So she will need to have a steady job and keep it at least until you move to the states and get your green card. The other thing is that you only have one year from when the petition gets to the consulate to keep rescheduling your interview. So there is no holding of the interview for years. I hope this advice helps. It is a long and sometimes gruelling process but worth it in the end.

[Lemonslice 4,841]

You might also want to read the thread on Domicile in the Canada forum

http://www.visajourney.com/forums/forum/93-canada/

[NikLR 13,227]

Yes you can delay the visa process at the NVC stage (after the NOA2) for a few years at least. You have zero control between NOA1 and NOA2 unless you're hit with an RFE (request for evidence.) The process is extremely opaque in many stages.