When can we move?

[Starr 0]

Hi everyone,

I'm a US citizen living as a landed permanent resident in Canada with my Canadian citizen husband. I'm going to be starting law school in the fall and was planning on attending a school here, but just last week we decided that attending one of the schools I've been accepted to in the US is probably a better idea. I'm now frantically trying to figure out how to get my husband a green card as soon as possible. My understanding is that I send an I-130 to Vermont (because my assumption is that while I'm registered to vote absentee in Texas, I don't have a US residence...also, the Texas processing times don't even list an I-130, so I don't know what's going on there) and then they'll tell me what to do next. Is that correct? I've read the guides both here and on the USCIS website, I've read the FAQs here, I'm just still not sure (some lawyer I'll make, huh?). I'm also panicking because of the time crunch. I'm convinced I'm going to have to find an apartment and move without him, because I'm something of a pessimist and am sure that once we file, he won't be able to come into the US as a visitor with me anymore. I'm not planning on moving until August, but I have no idea whether or not I can expect him to be able to come with me or not (barring any snags in the application, of course, but he's healthy and has no criminal records and while I don't earn a lot, I have the assets to support us and my father, who makes a good salary, will co-sponsor him). I send in the I-130, and then send in another form with the receipt for the I-130, but he can come to the US when the I-130 is approved regardless of whether or not he has his K3, or did I misread that part of the guide? The processing time for an I-130 in Vermont seems to be really quick, but the website for the US Consulate here in Toronto says the total process could take 12 months for a Canadian citizen spouse of a US citizen.

I think I would probably be able to understand this better if my brain wasn't going YOU HAVE TO FILE NOW OR ELSE IT'LL ALL BE TOO LATE!!! Ha.

Anyway, sorry if I got rambly. It's my first post, so I'm trying not to sound like too much of an idiot. I lurked in a Canadian immigration group for months before we filed, so I felt like I knew everything there was to know. This time, though, I feel like I have this terrifying deadline looming. Thanks in advance for any advice

Robin

[TimsDaisy 0]

Make sure you know what you're doing before you file.

He may be able to come see you while you are going through the process. A k1/k3 petition in progress doesn't bar entry to the country.

You will have to mail your materials to the service center with jurisdiction over "the last place you lived" (that's from the I-129F form) in the U.S. So if that was Texas, it is Texas. My advice: if you're moving to Vermont, move to Vermont, be living in Vermont and file through the VSC (or in whatever state would go through VSC).

Is your Canadian home geographically close to where you'll attend law school?

Also - being a lawyer has little to do with understanding this process (though there are some situations where you would need one, for complicated cases). In fact, if you read the forms like a lawyer, you get yourself worked up over details that wouldn't bother a lay-person in the slightest. Most of the instructions are cut-and-dry and aren't meant to be over-read.

[Starr 0]

Make sure you know what you're doing before you file.

He may be able to come see you while you are going through the process. A k1/k3 petition in progress doesn't bar entry to the country.

You will have to mail your materials to the service center with jurisdiction over "the last place you lived" (that's from the I-129F form) in the U.S. So if that was Texas, it is Texas. My advice: if you're moving to Vermont, move to Vermont, be living in Vermont and file through the VSC (or in whatever state would go through VSC).

Is your Canadian home geographically close to where you'll attend law school?

Also - being a lawyer has little to do with understanding this process (though there are some situations where you would need one, for complicated cases). In fact, if you read the forms like a lawyer, you get yourself worked up over details that wouldn't bother a lay-person in the slightest. Most of the instructions are cut-and-dry and aren't meant to be over-read.

Thanks. I think we're going to sit down with a lawyer for an hour and make sure we're absolutely doing all this correctly. I love the internet, but there's nothing like paying someone to tell you you're doing it right

My concern with visiting is that I frequently had to show proof that I would return to the US when I visited my husband in Canada before landing, which I usually did with just a return plane ticket. The border-crossing process actually got easier for me after I'd filed my paperwork, but I've seen on several government sites that filing for a K1/K3 visa shows intent to eventually stay in the US permanently, which they can use to deny your entry. I'm just paranoid, I suppose.

I'm not 100% sure where I'm going to law school yet. We live in Toronto and I may end up at the University of Pittsburgh, which isn't too far (I was in school in Pittsburgh at Carnegie Mellon when we met), but I'm holding out for the University of Texas, which isn't close to Toronto at all.

You're exactly right -- it's the details that are getting me worked up. Thanks for the help!