Outland CR-1 Spouse Visa Sponsorship?

[Kathryn Baer 1]

Hello everyone! So I was quite active on this website awhile back when my now husband & I were working on obtaining a K-1 Visa for me to be able to come there. Long story short we would have been unable to pass the minimum income requirement when it came time for an interview since he lost his job due to low work demand & had little remaining savings. We were approved to proceed to an interview in March 2017 but we decided to get married here in Canada on June 11, 2017. He is currently here with me with a Visit Record showing he has Dual Intent as I will be sponsoring him to become a permanent resident here in Canada. But, we would still love it if we could live in the USA as well. So, here are my questions;

 

Q #1: If my husband is currently here in Canada with me on a Visit Record, can we apply for an outland CR-1?  

Q #2: Would his parents be able to be cosponsors in regards to the Affidavit of Support?

Q #3: Would we be able to travel to the USA during the sponsorship/visa process?

Q #4: How long does a CR-1 Visa usually take? 

[NikLR 13,228]

 1) yes to a point.  He would need to reesstablish domicile in the USA for you to get the CR1 visa.  Montreal is very strict on domicile. 

2) they can be joint sponsors yes.  They could have been his co-sponsor for the k1. 

3) yes as long as the cbp allows you entry.

4) about 1 year.  

 

Keep in mind you will have to live in Canada or the USA.  You can't have residency in both countries juat because of the way Canada and the US work. 

[pushbrk 12,994]

K1 visas are not available to married people, EVER.

 

[Kathryn Baer 1]

12 hours ago, pushbrk said:

K1 visas are not available to married people, EVER.

 

Yes, we know that. Which is why we are no longer working on processing a K-1 as we got married.

[Kathryn Baer 1]

16 hours ago, NikLR said:

 1) yes to a point.  He would need to reesstablish domicile in the USA for you to get the CR1 visa.  Montreal is very strict on domicile. 

2) they can be joint sponsors yes.  They could have been his co-sponsor for the k1. 

3) yes as long as the cbp allows you entry.

4) about 1 year.  

 

Keep in mind you will have to live in Canada or the USA.  You can't have residency in both countries juat because of the way Canada and the US work. 

1) Would you be able to explain how exactly he could reestablish domicile in the USA? Would he just have to go back, obtain employment & a place to live? 

2) His parents refused to be joint sponsors because of a lot of drama happening for a little while which has since been resolved. They felt starting out in Canada was the better option.

 

Well yes, we would live in one country or the other, depending on economic & family situations for ourselves. That's the advantage of dual citizenship isn't it? 

[Lemonslice 4,917]

3 hours ago, Kathryn Baer said:

1) Would you be able to explain how exactly he could reestablish domicile in the USA? Would he just have to go back, obtain employment & a place to live? 

2) His parents refused to be joint sponsors because of a lot of drama happening for a little while which has since been resolved. They felt starting out in Canada was the better option.

 

Well yes, we would live in one country or the other, depending on economic & family situations for ourselves. That's the advantage of dual citizenship isn't it? 

You're both years away from being eligible to get the other's citizenship.

 

For domicile, see :

 

Edited July 25, 2017 by Lemonslice

[Kathryn Baer 1]

2 minutes ago, Lemonslice said:

You're both years away from being eligible to get the other's citizenship.

 

Yes, I know. But even with resident status we would be able to move between countries if needed.  

[Lemonslice 4,917]

Just now, Kathryn Baer said:

Yes, I know. But even with resident status we would be able to move between countries if needed.  

Not with American permanent residency, maybe with Canadian, depending on circumstances. Look up: Maintaining Permanent Residence on USCIS.gov. 

[NikLR 13,228]

With a green card you can gain citizenship at the 3 years of residency if you guys are still married.  It takes about a year to do it.  So plan on being in the USA for at least 4.  You need to remove conditions at just under 2 years of residency if you havent been married for 2 years when you enter with a spousal immigrant visa. So staying in Canada until that time may also be beneficial.