Easiest route?

[Mikey1977 0]

HI all,

 

So my wife and I got married in the US in 2008 and move to Canada.  Been married 9 years now and want to move back to the US.  She is an American citizen(with PR status in Canada) and I'm Canadian.   We want to move back to the US.  What is the best route for us to get my green card.  Can we do it from in Canada and work our Canadian jobs until I'm approved or do we have to move down and do the not work thing until I get the work Visa after 90 days?  

[Dashinka 24,900]

I think the IR1 is the route you need to take, but you may also want to research Direct Consular Filing (DCF).  I think she may need to establish a US residence for the IR1, but I could be wrong about that. 

 

Good Luck!

[Hypnos 6,578]

There's no DCF in Canada and hasn't been for several years.

[Roel 7,193]

Yes the US spouse will have to establish domicile in the US or there will be no visa. Ex. US address, bank account, US based job. Show that the US taxes was filed or back file every misses tax. Spouse visa will take about a year to process. After a year (when you have your visa) you can move to the USA to be with your spouse. There is no "easiest " way. 

[Dashinka 24,900]

33 minutes ago, Hypnos said:

There's no DCF in Canada and hasn't been for several years.

Thanks, I wasn't certain of the DCF for Canada, and for some reason I couldn't get into a USCIS website to find out.  So it would seem the IR1 is the only route for the husband.  The OP didn't mention children, but I would imagine if they had children they would be dual citizens.

 

To the OP, the IR1 is a spousal visa that takes maybe 12-18 months to process (maybe longer as I am not familiar with processing times for that visa).  If approved it will come with a ten year green card, so you will be able to work immediately when you enter with it.  You cannot live here prior to the visa being approved.  You can visit of course, but not stay permanently until the IR1 is approved.  You do need to research if your USC wife needs to set up residency in the US before filing.

 

Good Luck!

[Boiler 46,284]

About a year, you need to read up on Domicile as Canada is strict on that.

[Dashinka 24,900]

14 hours ago, Boiler said:

About a year, you need to read up on Domicile as Canada is strict on that.

I think they are heading in the other direction based on the OPs question.

[NikLR 13,232]

17 hours ago, Bill & Katya said:

I think they are heading in the other direction based on the OPs question.

The US consulate in Montreal is strict on domicile is what the poster meant.  They routinely will 221g a visa because the petitioner is not already living and working in the USA, but this is an issue for interview and the OP has time to prepare by reading threads and wikis.

[NikLR 13,232]

On 8/26/2017 at 2:04 AM, Mikey1977 said:

HI all,

 

So my wife and I got married in the US in 2008 and move to Canada.  Been married 9 years now and want to move back to the US.  She is an American citizen(with PR status in Canada) and I'm Canadian.   We want to move back to the US.  What is the best route for us to get my green card.  Can we do it from in Canada and work our Canadian jobs until I'm approved or do we have to move down and do the not work thing until I get the work Visa after 90 days?  

IR1 visa will be your better bet to be honest.  This way you get a green card upon entry.  It's generally cheaper than AOS and you don't have to worry about EAD so you can work. Domicile, as mentioned, will be an issue however, but we have threads dedicated to that issue in the Canada regional forum.  You also can claim EI when you move down (as can your PR wife.)  I'm going to say your major hurdle will be the I-864 with your wife working in Canada.  Unless you have savings for your family (3x the poverty guidelines in cash or liquid within 1 year) or a joint sponsor, this may cause you some headache. 

[Boiler 46,284]

27 minutes ago, NikLR said:

The US consulate in Montreal is strict on domicile is what the poster meant.  They routinely will 221g a visa because the petitioner is not already living and working in the USA, but this is an issue for interview and the OP has time to prepare by reading threads and wikis.

What the poster said.

[NikLR 13,232]

10 minutes ago, Boiler said:

What the poster said.

Yer post was misinterpreted obviously. 

[Boiler 46,284]

Sadly little I can do about that.

[Dashinka 24,900]

2 hours ago, Boiler said:

Sadly little I can do about that.

I agree it was misinterpreted as it sounded like the Canadian government was the one being strict.  Regardless, correction acknowledged, I will report myself to the proper authorities.