Looking for a Quick Overview of the Process

[santoki 2]

Hi Everyone,

 

I am a Canadian citizen and my spouse is an American citizen. We have been married for just over 5 years now and have lived in Canada together for over 4 years. We are planning to apply for my PR/Green Card some time later this year. 

I've been trying to gather information about the process, but it's a bit overwhelming at times. I came upon this forum looking for some guidance and clarification. So far from what I've read, it seems as though trying to immigrate from Canada to the US is much more difficult than for people from other countries. 

Would anyone be able to give me a quick breakdown of the process and timeline involved in accomplishing this? I think just getting my head around the timeline would help me understand some of the nuances it looks like are associated with the process.

 

Any help or insights would be appreciated. Thank you!

[Rc123rc 528]

There are some great guides on here for you to review:

 

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

 

Canada is no more or less in difficulty to coming to the United States.

[Cryssiekins 976]

A spousal visa (which will give you perm residency with a 10

yr green card bc your marriage is over 2 years) is what your husband would petition USCIS for.  

 

Once approved, it goes to the NVC for processing and then is forwarded to the Embassy in Quebec (Montreal).

 

You will make the formal

application for the immigrant visa at the Embassy. 

 

The process is about 10-12 months from petition to approval. 

 

Not sure where you are in canada but there's a whopping total of 5 doctors who are US panel physicians to perform the medical (3 in the GTA [ON] 1 in the lower mainland [BC] and 1 in Montreal).

 

Check out the guides here for more detailed info.  This forum is an AMAZING resource.

 

Good luck! :-)

[santoki 2]

1 hour ago, rcripps said:

There are some great guides on here for you to review:

 

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

 

Canada is no more or less in difficulty to coming to the United States.

Thanks, I was having trouble finding the guides everyone was referring to. And, I suppose I am just a bit frustrated with why some countries have a DCF route which is apparently substantially faster. 

I've actually read the DCF guide, and I'm confused about one thing. In the guide it states:

 

"1. You (and your spouse) will visit the US consulate to file your I-130 and required documents. Some consulates will accept the petition and supporting evidence via mail. Please confirm this via the consulate's website (or on the phone if possible)."

 

But, if DCF is not available in Canada, I've read that you're supposed to mail the I-130 to the USCIS Chicago Lockbox office. Is that correct, or am I mistaken?

Edited March 3, 2017 by santoki
additional question

[santoki 2]

54 minutes ago, Cryssiekins said:

A spousal visa (which will give you perm residency with a 10

yr green card bc your marriage is over 2 years) is what your husband would petition USCIS for.  

 

Once approved, it goes to the NVC for processing and then is forwarded to the Embassy in Quebec (Montreal).

 

You will make the formal

application for the immigrant visa at the Embassy. 

 

The process is about 10-12 months from petition to approval. 

 

Not sure where you are in canada but there's a whopping total of 5 doctors who are US panel physicians to perform the medical (3 in the GTA [ON] 1 in the lower mainland [BC] and 1 in Montreal).

 

Check out the guides here for more detailed info.  This forum is an AMAZING resource.

 

Good luck! :-)

In terms of establishing domicile, if my US spouse had to go ahead a couple of months before me, would they be able to bring our young child? I am bit concerned about that whole aspect. 

[Cryssiekins 976]

19 minutes ago, santoki said:

In terms of establishing domicile, if my US spouse had to go ahead a couple of months before me, would they be able to bring our young child? I am bit concerned about that whole aspect. 

That I'm not quite sure about.  Logically, I would assume it would not be an issue bc the child acquired US citizenship upon birth, so as long his birth abroad was registered with the US should be in the clear.  

 

The only other potential issue would be a letter of permission from you consenting to your spouse taking the child. (Ie to be sure it's not an abduction situation)

 

I also realized I assumed this was a child where you're both the biological parents.  I think it would get a little trickier if the child was not biologically yours and your spouses, though paperwork of adoption would solve that.  Best to speak with a family law lawyer just to cover bases there.  If you're in Ontario, the law society of upper Canada has a referral service and will connect you with a lawyer who will offer a free consultation (to save some $$ bc the USCIS journey is not a cheap one) 

[santoki 2]

1 hour ago, Cryssiekins said:

That I'm not quite sure about.  Logically, I would assume it would not be an issue bc the child acquired US citizenship upon birth, so as long his birth abroad was registered with the US should be in the clear.  

 

The only other potential issue would be a letter of permission from you consenting to your spouse taking the child. (Ie to be sure it's not an abduction situation)

 

I also realized I assumed this was a child where you're both the biological parents.  I think it would get a little trickier if the child was not biologically yours and your spouses, though paperwork of adoption would solve that.  Best to speak with a family law lawyer just to cover bases there.  If you're in Ontario, the law society of upper Canada has a referral service and will connect you with a lawyer who will offer a free consultation (to save some $$ bc the USCIS journey is not a cheap one) 

Awesome, thanks for the resource. Yes, it's our biological child.

 

The first step, petitioning with the I-130, do I simply mail the form (and whatever supporting documents are required) to the USCIS Chicago Lockbox?

[Cryssiekins 976]

5 minutes ago, santoki said:

Awesome, thanks for the resource. Yes, it's our biological child.

 

The first step, petitioning with the I-130, do I simply mail the form (and whatever supporting documents are required) to the USCIS Chicago Lockbox?

Download the form from USCIS website and print out the instructions and read them carefully.  

 

I usually highlight the relevant sections to whatever form I'm working with and then cross things out as I complete them.

 

The instructions will have whichever lockbox it goes to.  (I sent to TX but mine was a 129F)