Canada to USA..Work visa?

[Coco8 1,042]

Just now, Cadtousd said:

I have a USAA bank account. Do I need much money in it? I'

I haven't seen anything about the amount of funds. If they ask you, you can simply say you will transfer more funds when you move or something. 

 

Another issue: have you been filing taxes with the IRS? They will ask you for your last 3 or 5 years of taxes. I don't remember how many years. If you haven't, you can file taxes now so that by the time you have the consulate interview, you have that taken care of. There are other VJ threads on that because a lot of people have had that problem.

[Binna 108]

In addition to @Coco8 comments, hope you have been filing your returns with IRS, that is also part of showing your ties to the US. You also need to show that you meet the requirements to sponsor your household financially or have someone (family or friend) that qualifies as a joint sponsor.

[Cadtousd 1]

52 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. 

 

 

Yeah, I was hoping to just do a consult. We have a lot of questions! Maybe even a financial advisor because we don't know how taxes work when moving with a lot of money from sold house etc.  

[Cadtousd 1]

Sorry my phone is acting up being slow and I'm somehow clicking send before ready.

[Cadtousd 1]

I have not been filing I don't have an income. Should I file anyway?

Edited May 30, 2018 by Cadtousd

[Teemo 252]

1 hour 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.

No, they just need to say and give evidence that the petitioner will move to the US at the same time or before the beneficiary. Petitioner does NOT have to live in the US while application is pending. 

Edited May 30, 2018 by Teemo

[Teemo 252]

2 hours 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 

Canadians (and Mexicans) have access to a special work visa called TN status which is much easier and quicker to get than all other work visas. He has to be one of the required occupations. It is not that likely he can get a TN visa while he has an I-485 (permanent residency) application pending, but he can try. He needs a job offer though. https://tnvisaexpert.com/overview/nafta-job-list/

[chefaleslie 5]

Check into a K3 Visa then do an AOS. It might be a long shot but that is how I moved with my wife from Canada to the USA after living together in Canada for 5 years. 

[Cadtousd 1]

Just now, Teemo said:

No, they just need to say and give evidence that the petitioner will move to the US at the same time or before the beneficiary

Do you happen to know how long you're given to move once you have approval? Or is it case by case?  

[Coco8 1,042]

2 minutes ago, Cadtousd said:

I have not been filing I don't have an income. Should I file anyway?

Mmm... I think you need to get a special paper from the IRS anyway saying you had no income. I'm sure you will find it on VJ or someone will comment here. 

 

If you had filed, you could have filed "married filing separate" and you basically pay nothing because you had no income (and since you file separate but your husband is not in the US nor a US citizen/resident he does not file).

 

Just now, chefaleslie said:

Check into a K3 Visa then do an AOS. It might be a long shot but that is how I moved with my wife from Canada to the USA after living together in Canada for 5 years. 

K3 is old and nobody is doing that anymore.  5 years ago worked, not it doesn't

[Cadtousd 1]

2 minutes ago, Teemo said:

Canadians (and Mexicans) have access to a special work visa called TN status which is much easier and quicker to get than all other work visas. He has to be one of the required occupations. It is not that likely he can get a TN visa while he has an I-485 (permanent residency) application pending, but he can try. He needs a job offer though. https://tnvisaexpert.com/overview/nafta-job-list/

His job isn't on the list. =(

[Coco8 1,042]

3 minutes ago, Cadtousd said:

Do you happen to know how long you're given to move once you have approval? Or is it case by case?  

 

Before the consulate interview you have to do a medical for your husband. You can enter the US within 6 months of doing the medical. 

 

You can decide when to have the consulate interview. That is the best way to move around your date. You select an interview date that works for you, do the medical as close to the interview date as possible, and then you'll have, let's say, 4 months to move (taking 2 months for the medical/interview, leave some buffer time just in case something happens).

 

 

Edited May 30, 2018 by Coco8

[Cadtousd 1]

5 minutes ago, Coco8 said:

 

Before the consulate interview you have to do a medical for your husband. You can enter the US within 6 months of doing the medical. 

 

You can decide when to have the consulate interview. That is the best way to move around your date. You select an interview date that works for you, do the medical as close to the interview date as possible, and then you'll have, let's say, 4 months to move (taking 2 months for the medical/interview, leave some buffer time just in case something happens).

 

 

Do you get taxed on the stuff you're bringing in? Car, savings, and other possessions?  I remember Canada wanting a list but all I had at the time was clothes. 

[Cyberfx1024 7,980]

39 minutes ago, chefaleslie said:

Check into a K3 Visa then do an AOS. It might be a long shot but that is how I moved with my wife from Canada to the USA after living together in Canada for 5 years. 

K3 visas are pretty much nonexistent these days. The last time I checked only 120 of them were issued worldwide last year, the rest of them get converted over to a CR/IR1 visa.

[mushroomspore 3,044]

52 minutes ago, Teemo said:

No, they just need to say and give evidence that the petitioner will move to the US at the same time or before the beneficiary. Petitioner does NOT have to live in the US while application is pending. 

Yes once again, I linked to an article that says this and pointed it out in my post. OP acknowledged this fits her plan.

 

47 minutes ago, Cadtousd said:

His job isn't on the list. =(

Don't bother with trying to figure out work visas. Just do the spousal visa and he'll be granted permanent residency without any headaches. He's already married to you, an American citizen, so there's no reason to consider employment-based options.