How long do you have to move to the USA once approved?

[mikebike 9]

Hi everyone! I currently work in aviation and would like to pursue a job in the USA so my American wife and I could move back to her homeland. She's a stay-at-home mom so it's important that I have a job before we move south, but I can't apply for jobs before having a work permit. So my question is, once I finish the green card process, how long do I have to actually move? Can I apply for an EAD and get that sooner?

 

Also, if I have this right, I need to file for an IR1/CR1 visa. That's the I-130, and I-130A. When do I have to do all the other stuff like medicals and affidavit of support? Thanks!

Edited February 14, 2018 by mikebike

[Khallaf 650]

40 minutes ago, mikebike said:

Hi everyone! I currently work in aviation and would like to pursue a job in the USA so my American wife and I could move back to her homeland. She's a stay-at-home mom so it's important that I have a job before we move south, but I can't apply for jobs before having a work permit. So my question is, once I finish the green card process, how long do I have to actually move? Can I apply for an EAD and get that sooner?

 

Also, if I have this right, I need to file for an IR1/CR1 visa. That's the I-130, and I-130A. When do I have to do all the other stuff like medicals and affidavit of support? Thanks!

your American wife will have to file the I-130 and I-130A and follow the instructions, since she is a stay at home wife she will not have the needed AOS and will need a Co-sponsor.

 

it takes about 12-14 months from start to finish.

 

The medical exam will happen right before interview, your wife will need to submit all supporting documents and pay the fees.

Edited February 14, 2018 by Khallaf

[Cyberfx1024 7,980]

35 minutes ago, mikebike said:

Hi everyone! I currently work in aviation and would like to pursue a job in the USA so my American wife and I could move back to her homeland. She's a stay-at-home mom so it's important that I have a job before we move south, but I can't apply for jobs before having a work permit. So my question is, once I finish the green card process, how long do I have to actually move? Can I apply for an EAD and get that sooner?

 

Also, if I have this right, I need to file for an IR1/CR1 visa. That's the I-130, and I-130A. When do I have to do all the other stuff like medicals and affidavit of support? Thanks!

Are you in the USA, where are you living exactly, has your wife already filed for you yet ? If you don't know the process will take about 12 months to be approved, then you can move to the USA and work right away. You don't have to wait to work. You aren't in the USA then you can't apply for EAD.

[mikebike 9]

2 minutes ago, cyberfx1024 said:

Are you in the USA, where are you living exactly, has your wife already filed for you yet ? If you don't know the process will take about 12 months to be approved, then you can move to the USA and work right away. You don't have to wait to work. You aren't in the USA then you can't apply for EAD.

We both currently live in Canada. We have not filed anything yet. What if I don't want to move to the USA right away until I get a job? Will my green card expire or will I get in trouble for not being a "resident"?

[acidrain 325]

1 hour ago, mikebike said:

We both currently live in Canada. We have not filed anything yet. What if I don't want to move to the USA right away until I get a job? Will my green card expire or will I get in trouble for not being a "resident"?

One of the main requirements is your wife will have to show she can financially support you. I know Canadians and Americans do not see themselves differently. US immigration very much does. They do not want anyone entering the country that can be a possible public charge. You can use assets to cover the requirement which is 3x above the poverty line or a joint sponsor located in the US. However, proof of domicile becomes an issue. One of the top reasons Canadians get denied is the consulate does not fully believe you will move after issuing the visa. There is a separate thread that goes into detail.

 

Many of us (myself included) chose to live separately for a while from our spouse to meet the domicile requirement. This can be tough when kids are involved. Things like proof of residence, job, driver's license, car insurance, etc. become vital. There has been the odd case go through with a promise to re-establish domicile. They are leery about giving people the benefits of permanent residency if their US living arrangement isn't solid.

 

You will apply for a CR1 if you are married less than 2 years, IR1 if married more than 2 years. The final interview is conducted in Montreal as it's the only place they conduct immigrant visas. A medical exam has to be done by a panel doctor (picked by them) located in BC, ON or Montreal.

 

Not sure if children are involved but they will need to have their status resolved. They may qualify if they haven't already for registering their birth abroad to become a US citizen.

[Cyberfx1024 7,980]

3 minutes ago, acidrain said:

One of the main requirements is your wife will have to show she can financially support you. I know Canadians and Americans do not see themselves differently. US immigration very much does. They do not want anyone entering the country that can be a possible public charge. You can use assets to cover the requirement which is 3x above the poverty line or a joint sponsor located in the US. However, proof of domicile becomes an issue. One of the top reasons Canadians get denied is the consulate does not fully believe you will move after issuing the visa. There is a separate thread that goes into detail.

 

Many of us (myself included) chose to live separately for a while from our spouse to meet the domicile requirement. This can be tough when kids are involved. Things like proof of residence, job, driver's license, car insurance, etc. become vital. There has been the odd case go through with a promise to re-establish domicile. They are leery about giving people the benefits of permanent residency if their US living arrangement isn't solid.

 

You will apply for a CR1 if you are married less than 2 years, IR1 if married more than 2 years. The final interview is conducted in Montreal as it's the only place they conduct immigrant visas. A medical exam has to be done by a panel doctor (picked by them) located in BC, ON or Montreal.

 

Not sure if children are involved but they will need to have their status resolved. They may qualify if they haven't already for registering their birth abroad to become a US citizen.

Thank you for this. I couldn't answer some of his questions because I am not well versed in issues with the Canadian side of the house. 

[mikebike 9]

Thank you all so much for the responses, it really helps. So to get things started, is all we have to do is file the i-130 and i-130a forms? Is there anything else we can do to expedite the process? We could move to a border town temporarily (ie. Buffalo, NY) or have my wife live with her parents for the domicile requirement. Would that be enough? I regularly travel to the USA for 1-2 days at a time and use Nexus/Global entry (I am a pilot for a large Canadian airline). Would going through this process give me troubles at the border? Thanks so much for all your time! 

[acidrain 325]

To get the process started yes you would fill out those forms.  It takes anywhere from 6-8 months on average to get an i130 approval (give or take). 

 

In terms of expediting unless there is real cause it is next to impossible to get. Being apart from kids, missing your spouse, paying for two places unfortunately does not qualify. This process is not for the faint hearted as on average it takes about a year to complete.

 

Some people wait until a few months before the interview to move their spouse. That way they are not apart for as long. Domicile is a subjective term so there is no conclusive length of time one can say will get you approved. You will be asked regardless of where she lives what your plans are for living there. If she lives for e.g. in New York they may ask why you picked that particular location. 

 

If you have a Nexus pass and are a pilot I don't think you'd have any trouble. Many of us travel with ties back to Canada in case we are pulled aside. Ties include work schedules, appointments, house ownership, car insurance, etc. Proof we will go back to Canada. It's totally legally to enter the US while an immigration petition is pending. I could not see customs giving you grief if you weren't even visiting your spouse. 

[Lemonslice 4,836]

28 minutes ago, mikebike said:

Thank you all so much for the responses, it really helps. So to get things started, is all we have to do is file the i-130 and i-130a forms? Is there anything else we can do to expedite the process? We could move to a border town temporarily (ie. Buffalo, NY) or have my wife live with her parents for the domicile requirement. Would that be enough? I regularly travel to the USA for 1-2 days at a time and use Nexus/Global entry (I am a pilot for a large Canadian airline). Would going through this process give me troubles at the border? Thanks so much for all your time! 

Are you planning to keep working for the same airline? It is not uncommon for crew members to commute... and we are a few Canadians who kept Canadian employment.  It is feasible

[mikebike 9]

12 minutes ago, acidrain said:

To get the process started yes you would fill out those forms.  It takes anywhere from 6-8 months on average to get an i130 approval (give or take). 

 

In terms of expediting unless there is real cause it is next to impossible to get. Being apart from kids, missing your spouse, paying for two places unfortunately does not qualify. This process is not for the faint hearted as on average it takes about a year to complete.

 

Some people wait until a few months before the interview to move their spouse. That way they are not apart for as long. Domicile is a subjective term so there is no conclusive length of time one can say will get you approved. You will be asked regardless of where she lives what your plans are for living there. If she lives for e.g. in New York they may ask why you picked that particular location. 

 

If you have a Nexus pass and are a pilot I don't think you'd have any trouble. Many of us travel with ties back to Canada in case we are pulled aside. Ties include work schedules, appointments, house ownership, car insurance, etc. Proof we will go back to Canada. It's totally legally to enter the US while an immigration petition is pending. I could not see customs giving you grief if you weren't even visiting your spouse. 

Thank you for your response. So at what point would she need to move to the USA during the application process? 

[mikebike 9]

5 minutes ago, Lemonslice said:

Are you planning to keep working for the same airline? It is not uncommon for crew members to commute... and we are a few Canadians who kept Canadian employment.  It is feasible

I wouldn't mind working for my current airline for a while but we would like to move closer to family (very far south USA) and commuting long-term wouldn't be great so I'd rather work for a US airline. Another big issue is health insurance. Any suggestions on that? 

[acidrain 325]

8 hours ago, mikebike said:

Thank you for your response. So at what point would she need to move to the USA during the application process? 

There is no definitive answer anyone can give as to exactly at what point your wife should move. It's a personal choice and the interviewer looks at the overall situation to determine domicile (it is composed of several parts). This thread can give you more insight as to what has and has not worked out for others: 

As for Health Insurance after my spouse moved to the US he applied for Obamacare on the exchange. They go by the estimated wages for the year so he was able to qualify for a subsidy to reduce payments. There is Medicaid but they would more than likely look at your earnings to determine eligibility. While we were waiting for Obamacare we signed my spouse up for travel insurance although I know it was just catastrophic coverage.

Edited February 14, 2018 by acidrain

[mikebike 9]

On 2/14/2018 at 9:08 AM, acidrain said:

There is no definitive answer anyone can give as to exactly at what point your wife should move. It's a personal choice and the interviewer looks at the overall situation to determine domicile (it is composed of several parts). This thread can give you more insight as to what has and has not worked out for others: 

As for Health Insurance after my spouse moved to the US he applied for Obamacare on the exchange. They go by the estimated wages for the year so he was able to qualify for a subsidy to reduce payments. There is Medicaid but they would more than likely look at your earnings to determine eligibility. While we were waiting for Obamacare we signed my spouse up for travel insurance although I know it was just catastrophic coverage.

Excellent, I've been looking into the ACA stuff for insurance. Thanks for the help! And thanks everyone, I think I know enough to get started now.

[Lemonslice 4,836]

On 2/14/2018 at 12:23 AM, mikebike said:

I wouldn't mind working for my current airline for a while but we would like to move closer to family (very far south USA) and commuting long-term wouldn't be great so I'd rather work for a US airline. Another big issue is health insurance. Any suggestions on that? 

It is still very nice to be able to move, keep your job and income and wait for an opening and class in the US.  Best of luck!