Overwhelmed Canadian wanting to immigrate to the US

[mrskent 11]

Hello everyone!

I'm new to the forums, so I thought I would introduce myself. I'm Michelle - I am a Canadian citizen and my husband is an American citizen currently on a visitor visa with me in Canada.

We got married in Canada and we were going to do the Canadian Sponsorship program, but I unexpected lost my mother and truly have nothing worth 'keeping' me here in Canada anymore.

Therefore, I want to start my life in America with my husband!

I'm really overwhelmed right now because I got so used to the Canadian Sponsorship Program that I don't know where to start! I want to enter the US without any issues when we are ready to move.

From what I understand, I need to complete the I-130 and G-325A form?

Then we will receive a receipt in the mail, saying Immigration received it?

From there I can apply for a I-129F that would allow me to stay in America while it's being processed? But I'm wondering if I need this, if I am applying from Canada?

How long does the I-130/G-325A take to process/approve typically?

I will be here until the summer/fall of 2016 as I need to sort out my mother's estate and taxes before leaving the country.

Edited January 6, 2016 by mrskent

[canadian_wife 1,822]

Welcome!

You'll chase the Cr/Ir-1 visa.

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

Good luck

[mrskent 11]

Thank you so much canadian_wife!

So I just file the I-130 and G325A Forms? with approval/possible interview, they grant me a visa?

[Darnell 8,478]

there's 3 major 'things', aye?

1. uscitizen files a petition, seeking an immigration benefit for you - that's the I-130.

2. if/when USCIS approves the petition, the beneficiary then applies for a visa to the National Visa Center, usually a CR-1 or IR-1 designation.

3. Once the doc intake / fees are finished up at NVC, the casefile gets to the Immigrant Visa Unit in Montreal, and the beneficiary will have an interview.

How long? figure 11 to 18 months, depending on caseload at the uscis service centers and backlogs at NVC and scheduling issues at Montreal IV Unit,.

[mrskent 11]

Thanks so much for the response Darnell,

So receiving an approval for the I-130 doesn't mean I receive a visa to grant me access?

Should I apply for the I-129F after I receive the receipt of the I-130 to allow me to complete my application within the US?

My husband called the USCIS line and they told him he just needed to complete the I-130 and get that approved in order for me to enter the US legally.

[canadian_wife 1,822]

Stop calling USCIS, they are not immigration officials. They are typically customer service reps who are unfamiliar with the process.

The I130 is not a visa, it is a petition. So an approved petition simply allows you to chase a visa (after some other steps).

It sounds like you have some reading to do to familiarize yourself with the process. Start with the link I provided. Then move to the instructions pages for each of the forms.

The I129F is useless, it will likely be closed.

good luck

[Darnell 8,478]

Thanks so much for the response Darnell,

1. So receiving an approval for the I-130 doesn't mean I receive a visa to grant me access?

2. Should I apply for the I-129F after I receive the receipt of the I-130 to allow me to complete my application within the US?

3. My husband called the USCIS line and they told him he just needed to complete the I-130 and get that approved in order for me to enter the US legally.

1. No. What did he petition for? He petitioned for the permission for you to apply for a visa. Once he's granted this permission, then you are allowed to apply for a visa. The Doc Intake for the 2nd stage is not trivial.

2. I would suggest no, as usually any human chasing a K-3 visa finds that:

__a. I-130 and I-129F approved same day at USCIS then

__b. The I-129F gets administratively closed at NVC, cause there is no further basis for a K-3, an unapproved I-130 petition. NVC is really good at closing these approved I-129F petitions, and then

__c. The beneficiary is on the CR-1/IR-1 path anyway, a superior visa.

3. Alas, you got wrong info. Sorry !

What to do, going forth? Get on a PC with internet access, and click through the link provided to you back in post #2, that's the Guide for Stuff that you two need to do. Study it. Print out all of the forms. Study the forms, study the instructions. Take copious notes..

Edited January 6, 2016 by Darnell

[NikLR 13,227]

Also to note, the only place immigrant interviews take place in Canada is in Montreal.

[NikLR 13,227]

You will need a visa BEFORE you can move to the USA. They do not allow for internal processing like Canada does unless you were already here (visiting, working, or attending school.) I think that one point is messing you up.

[mrskent 11]

Thanks NLR!

Yeah, I did do a lot more reading and although USCIS said I could be in America while it's processed, I'm seeing otherwise from the forums here.

So I'll file the I-130 and the G-325As to get us started, and go through the things for the next steps while we wait (like tax return documentation, etc),

Did you have to do your interview in Montreal, NLR? Did you send all the documents following your I-130 to the Chicago location, or does the US Embassy in Montreal deal with all that afterwards?

[Darnell 8,478]

All Hail The National Visa Center ! All Hail!

[Darnell 8,478]

[please review post #4]

[MASH 172]

Also to note, the only place immigrant interviews take place in Canada is in Montreal.

That is incorrect though, I had my interview in Vancouver

The only place do interview is in Vancouver or Montreal

[elmcitymaven 9,712]

That is incorrect though, I had my interview in Vancouver

The only place do interview is in Vancouver or Montreal

CR1/IR1 interviews are only done in Montreal. K1 interviews -- like yours -- may be done either through Montreal or Vancouver. I defer to NLR on this one if I'm incorrect, but this is my understanding.

[MASH 172]

CR1/IR1 interviews are only done in Montreal. K1 interviews -- like yours -- may be done either through Montreal or Vancouver. I defer to NLR on this one if I'm incorrect, but this is my understanding.

I spoke to someone there that was doing the spouse visa interview but who knows if that changed