Where to start? In Canada on PR with wife, moving back to US

[iiiEllie 3]

Been married 3 years, my husband (US Citizen) has been in Canada for all 3 on a PR. He recently received a job offer in Chicago. Where do we start for me (Canadian) to be okay crossing to stay? Thanks!

Edited May 16, 2018 by iiiEllie

[Roel 7,193]

Spouse visa. Cr1.

Its' going to be about 12 months before you can move to the US. Upon arrival, you're going to receive a green card.

In the mean time, you can visit of course. (with whatever Canadians have instead of B2. Or B2, not sure how that works for you guys )

[Going through 5,671]

He needs to petition you for a CR-1 spouse visa.  There is no way you can legally just cross the border and stay/live in the US.

With a Canadian passport you have a bit more leniency (compared to other countries) at the border in terms of travel back and forth for visiting purposes while the visa process is going on, so at least there's that.

[Boiler 46,277]

12 months would be in current terms quick, usual issue is being able to show US Domicile but sounds like that will not be an issue with him moving first.

[Going through 5,671]

On a side note---how many days of Canadian residency has your husband accumulated so far as a PR?  If he's close to the 1095 days requirement maybe might be better for him to get dual if he can delay the new job.  That way, would be easier for you both as a couple if you plan on going back and forth for long lengths of time.

Edited May 16, 2018 by Going through

[iiiEllie 3]

2 minutes ago, Going through said:

On a side note---how many days of Canadian residency has your husband accumulated so far as a PR?  If he's close to the 1095 days requirement maybe might be better for him to get dual if he can delay the new job.  That way, would be easier for you both as a couple if you plan on going back and forth for long lengths of time.

He's around 800 days. I have no issue reapplying for his PR if/when we decide to come back. My job is fully remote, so I will be staying with my Canadian employer. 

Just to verify I'm understanding correctly. We would visit/get him moved into an apartment in Chicago, file the CR-1, I am okay to stay 6/12 months through the year of processing. 

When we migrated him up to Canada we were able to extend the 6/12 months he was allowed here while the PR paperwork processed, is there anything along those lines for the US? I-539 kind of looks like it? 

[geowrian 22,338]

New job offer of a relocation of his current job? It's a bit of a long shot, but DCF exceptional circumstances can apply if it's a relocation.

 

You can visit for as long as CBP permits you to do so. Typicall it's 6 months. Spending too much time in the US will raise suspicion of using the visa to live in the US, which is not allowed, and you may be denied entry. Also, showing up with him with a moving truck or loaded car will also probably raise scrutiny.

[Boiler 46,277]

US is not Canada.

 

You can visit, usually up to 6 months but not work which sounds an issue,

[Going through 5,671]

6 minutes ago, iiiEllie said:

Just to verify I'm understanding correctly. We would visit/get him moved into an apartment in Chicago, file the CR-1, I am okay to stay 6/12 months through the year of processing. 

Shorter visits are better.  Keep in mind POE can deny you at any time since there's no guarantee of being allowed entry (unless you are a USC).  With a pending CR-1 (which shows immigrant intent) might face a bit of scrutiny at the border as they will presume you are wanting to stay in the US to circumvent immigration law.

 

6 minutes ago, iiiEllie said:

When we migrated him up to Canada we were able to extend the 6/12 months he was allowed here while the PR paperwork processed, is there anything along those lines for the US? I-539 kind of looks like it? 

You can apply for the B visa to be extended, but chances of that happening without a reason beyond your control for it, (ie. medical reason) slim to none chance of an extension being approved (especially with a pending CR-1 visa to boot as well).

Edited May 16, 2018 by Going through

[iiiEllie 3]

3 minutes ago, Going through said:

Shorter visits are better.  Keep in mind POE can deny you at any time since there's no guarantee of being allowed entry (unless you are a USC).  With a pending CR-1 (which shows immigrant intent) might face a bit of scrutiny at the border as they will presume you are wanting to stay in the US to circumvent immigration law.

 

You can apply for the B visa to be extended, but chances of that happening without a reason beyond your control for it, (ie. medical reason) slim to none chance of an extension being approved (especially with a pending CR-1 visa to boot as well).

Okay, very helpful. Sorry about all the questions. It's so different than bringing him up here. 

We would be better off if I keep the house in Canada, car etc that is in my name, back and forth on 2 month visits until the processing ends by the sounds of it. 

[kendraf 124]

@skyzee mentioned there might be a direct option through the Mexican consulate ...tagging him

[geowrian 22,338]

1 minute ago, kendraf said:

@skyzee mentioned there might be a direct option through the Mexican consulate ...tagging him

That's the DCF exceptional circumstances mentioned above.

[skyzee 182]

I would strongly suggest contacting the Montreal embassy to request permission to file for the I-130 via DCF before you pursue any further options (AOS or IR1). I recently got wind from another Canadian that their case falling in the same exceptional circumstances of a new job offer in the hidden USCIS memo was accepted at the Mexico USCIS office and the I-130 was approved within a month. In total, I'm guessing this couple will be done within 60-90 days. It's true, you may be denied for DCF, but it doesn't take very long for Montreal/Mexico to say yes or no to your request.

 

Had I known, I would have withdrawn my first I-130 and refiled for DCF instead of going through the NVC process. Ridiculous. Good luck.

[NikLR 13,232]

16 hours ago, skyzee said:

I would strongly suggest contacting the Montreal embassy to request permission to file for the I-130 via DCF before you pursue any further options (AOS or IR1). I recently got wind from another Canadian that their case falling in the same exceptional circumstances of a new job offer in the hidden USCIS memo was accepted at the Mexico USCIS office and the I-130 was approved within a month. In total, I'm guessing this couple will be done within 60-90 days. It's true, you may be denied for DCF, but it doesn't take very long for Montreal/Mexico to say yes or no to your request.

 

Had I known, I would have withdrawn my first I-130 and refiled for DCF instead of going through the NVC process. Ridiculous. Good luck.

I have wondered how their process is going. I haven't seen hide nor hair of them. 

[iiiEllie 3]

Back again with another question because my head is spinning trying to iron all this out. 

1. Apply for the i-130 ; wait 5.5-36 months?? California has crazy processing and is working on i-130s from 2016 right now. What happens if ours gets sent there? Or does it NOT go there? 

2. Apply for the i-485 ; wait 5-??? months. Again, how do we know where this gets sent/is it completely random? 

 

I was expecting about a year of processing and now it's look like easily 3x that and I am beginning to panic. Haha