Canada to USA..Work visa?

[Cadtousd 1]

Hi, I'm an American citizen living in Canada with my husband who is a Canadian citizen.  I saw it takes around a year for a green card. However can you move before you get a green card? Like will he get a work permit so we can move sooner while he's in process of getting green card?  Thanks 

Edited May 30, 2018 by Cadtousd

[Cyberfx1024 7,980]

19 minutes ago, Cadtousd said:

Hi, I'm an American citizen living in Canada with my husband who is a Canadian citizen.  I saw it takes around a year for a green card. However can you move before you get a green card? Like will he get a work permit so we can move sooner while he's in process of getting green card?  Thanks 

He can travel to visit you but he can not live there at all unfortunately. Also a work visa is pretty hard to get unless he has some actual skills or certifications. What does he do for a living?

[mushroomspore 3,044]

1. How long have you been living in Canada???

2. How long have you been married??

 

I am pretty sure you (the American) will have to move back to the US while the green card adjudication is happening. The whole point of getting a green card is that he will become a PERMANENT resident through his American spouse (who must have proof of domicile/residence within the US as well).

 

Since you are already married, your only option is the CR-1 spousal visa (read the guide; you can find it on the top bar of this site). He must wait to move to the US until the spousal visa is approved. After that, he will have a full-on green card that will allow him to work immediately. If you've been married less than 2 years, he will receive a conditional 2-year green card and he'll have to file removal of conditions before it expires. If married more than 2 years, he gets the UNconditional 10-year green card and can apply for citizenship in 3 years withOUT having to file removal of conditions.

 

He can visit while the spousal visa is being processed. But nobody is allowed to just move to the US, even if they have a visa in process. Work visas are very hard to get with tons of restrictions and regulations and they don't guarantee permanent residence status like marriage does. Your only real option here is the CR-1 process and yes it means you will have to deal with some long-distance time. Sorry, them's the rules, given your circumstances.

Edited May 30, 2018 by mushroomspore

[Cadtousd 1]

We've been married 8 years and living in Canada since marriage. He is a manager in construction.  So basically I have no shot of moving back home unless I go there alone and live with my kids without him for that year?  Wow! 

[Cyberfx1024 7,980]

2 minutes ago, Cadtousd said:

We've been married 8 years and living in Canada since marriage. He is a manager in construction.  So basically I have no shot of moving back home unless I go there alone and live with my kids without him for that year?  Wow! 

Well like I said before he can come visit you but he can not stay until the processing is complete and he gets the stamp in his passport.

[mushroomspore 3,044]

1 minute ago, Cadtousd said:

We've been married 8 years and living in Canada since marriage. He is a manager in construction.  So basically I have no shot of moving back home unless I go there alone and live with my kids without him for that year?  Wow! 

Ok he will get the 10-year unconditional GC and then he can apply for citizenship after that. I know it sucks having to be apart but these rules were decided upon by the US government a long time ago. They need to screen people before they allow them in and the US has one of the strictest immigration departments in the world. It sucks for us normal folk but the government's the one who's been tasked with keeping track of all immigrants. So it's understandable why the policies are this way.

 

Luckily, Canada and the US are neighbors (I'm Canadian too!). You both can visit each other AND you guys will probably have no hiccups in your case since Canada's a very low fraud country. You guys will be alright; the waiting will be the hardest part. And of course VJ is here to help with your questions.

[Cadtousd 1]

Thank you for the information, but I don't want to have my husabnd miss out on our children's lives. Is there no way I can continue to stay in Canada with him while process goes through? I'm Canadian resident as well. 

Edited May 30, 2018 by Cadtousd

[Binna 108]

8 minutes ago, Cadtousd said:

We've been married 8 years and living in Canada since marriage. He is a manager in construction.  So basically I have no shot of moving back home unless I go there alone and live with my kids without him for that year?  Wow! 

Sorry there is no shortcut to it. it takes about ~ 10 to 12 months if you have no RFE that could result to delay with your application. But good thing is that he can visit you while the application is pending. We all went through same process.

[Cyberfx1024 7,980]

11 minutes ago, Cadtousd said:

Thank you for the information, but I don't want to have my husabnd miss out on our children's lives. Is there no way I can continue to stay in Canada with him while process goes through? I'm Canadian resident as well. 

How old are your children if you don't mind me asking?

[mushroomspore 3,044]

16 minutes ago, Cadtousd said:

Thank you for the information, but I don't want to have my husabnd miss out on our children's lives. Is there no way I can continue to stay in Canada with him while process goes through? I'm Canadian resident as well. 

Don't quote me on this but I am fairly (like 80%) certain the American citizen must have a domicile or residence within the US in order to petition your foreign spouse. They ask for an American address on the forms and they also ask where in the US your spouse will be living. This is also to ensure permanent residents will actually stay and work in the US because for some reason, some people mistakenly believe a green card allows them to come and go from the US as they please, sometimes even for months. This is NOT true. I know you and your husband probably aren't planning on doing that but this is just to let you know that they're very stringent on the requirements on who can file for a green card and what must be done to maintain proper status. 

 

 Check out this article. Scroll down to where it says "Petitioners must be domiciled within the US." It says IF you are able to provide strong evidence that you WILL reside in the US before OR at the time of your spouse's arrival, the petition can still be approved. But research this point more to be 100% sure on what to do BEFORE you file any paperwork.

 

Also, you'll need to look into paperwork for your kids. I know nothing about that so perhaps someone with more knowledge can chime in about that too.

[Cadtousd 1]

14 minutes ago, mushroomspore said:

Don't quote me on this but I am fairly (like 80%) certain the American citizen must have a domicile or residence within the US in order to petition your foreign spouse. They ask for an American address on the forms and they also ask where in the US your spouse will be living. This is also to ensure permanent residents will actually stay and work in the US because for some reason, some people mistakenly believe a green card allows them to come and go from the US as they please, sometimes even for months. This is NOT true. I know you and your husband probably aren't planning on doing that but this is just to let you know that they're very stringent on the requirements on who can file for a green card and what must be done to maintain proper status. 

 

 Check out this article. Scroll down to where it says "Petitioners must be domiciled within the US." It says IF you are able to provide strong evidence that you WILL reside in the US before OR at the time of your spouse's arrival, the petition can still be approved. But research this point more to be 100% sure on what to do BEFORE you file any paperwork.

 

Also, you'll need to look into paperwork for your kids. I know nothing about that so perhaps someone with more knowledge can chime in about that too.

Thank you! We may consult a lawyer too. My kids already have dual citizenship. =)

[mushroomspore 3,044]

1 minute ago, Cadtousd said:

Thank you! We may consult a lawyer too. My kids already have dual citizenship. =)

Oh perfect, the kids are one less thing to worry about then. Yes consult a lawyer. I don't know how recent or old that article is so asking a lawyer is the best option. There might have been a change in policy regarding US citizen who live abroad and wish to bring their spouses to the US. Good luck!! You guys will be fine. =)

[Coco8 1,042]

25 minutes ago, mushroomspore said:

Don't quote me on this but I am fairly (like 80%) certain the American citizen must have a domicile or residence within the US in order to petition your foreign spouse.

Kind of.

 

OP can continue to live in Canada while the process goes on. All she has to do is go to the US, open a bank account, get a driver's license, using an address of a family member or friend. Also, register to vote using the same address. That is enough to establish domicile. OP can do this even after starting the CR1 process.

 

When the consulate interview comes, you can say that you already have an address, driver's license, etc. and that you have been applying for jobs. Take into account that by the time you have the interview, it would have already been a year, and you could have been really looking for jobs and places to live. 

 

12 minutes ago, Cadtousd said:

Thank you! We may consult a lawyer too. My kids already have dual citizenship. =)

 

Lawyers usually want to take money from you and don't make the process easier or faster. So you can consult, just don't pay them. VJ has guides on how to fill in the forms, put together forms and documentation, and you can ask questions. 

 

 

[mushroomspore 3,044]

14 minutes ago, Coco8 said:

Kind of.

 

OP can continue to live in Canada while the process goes on. All she has to do is go to the US, open a bank account, get a driver's license, using an address of a family member or friend. Also, register to vote using the same address. That is enough to establish domicile. OP can do this even after starting the CR1 process.

 

When the consulate interview comes, you can say that you already have an address, driver's license, etc. and that you have been applying for jobs. Take into account that by the time you have the interview, it would have already been a year, and you could have been really looking for jobs and places to live. 

Yes I linked to an article that explained that aspect.

[Cadtousd 1]

51 minutes ago, Coco8 said:

Kind of.

 

OP can continue to live in Canada while the process goes on. All she has to do is go to the US, open a bank account, get a driver's license, using an address of a family member or friend. Also, register to vote using the same address. That is enough to establish domicile. OP can do this even after starting the CR1 process.

 

When the consulate interview comes, you can say that you already have an address, driver's license, etc. and that you have been applying for jobs. Take into account that by the time you have the interview, it would have already been a year, and you could have been really looking for jobs and places to live. 

 

 

Lawyers usually want to take money from you and don't make the process easier or faster. So you can consult, just don't pay them. VJ has guides on how to fill in the forms, put together forms and documentation, and you can ask questions. 

 

 

I have a USAA bank account. Do I need much money in it? I'm assuming I'll need a cosponsor since I've never worked?

Edited May 30, 2018 by Cadtousd