Guidance needed for complicated situation - new journey

[atomicstorm 0]

Hey everyone! Been reading this forum for a bit - the "can we visit thread" took away a ton of anxiety. Thank you for that!

 

My close friend of over a decade and I fell deeply in love and got engaged! We want to start our journey in a few weeks as we start to get all the necessary paperwork from all the courts, etc to file the necessary forms. There is one small complicated issue. She has been in a hostile environment with her kids with no means to leave that environment (one parent is far away, only supporting individual) except to flee to the US or for me to pay for a new place, which will be complicated from here - and should otherwise be an unnecessary expense.

 

We're trying to determine what is going to be the best course of action (K1 or CR1) to avoid denial possibilities, complications (paperwork etc), and also any potential expedite paths or ways that I can bring them here under a tourist visa or other means while we wait and potentially move them (for the ties) to her supporting parent's place while we do things legally.

 

Based on what I am hearing from other experiences, for as long as I can bring them here for visits in a frequent basis while we wait (we reallllllly don't want to be apart) - CR1 for the spouse + 2 kids seems to be what I am leaning towards. I do have an appointment with an immigration attorney but I am not sure I need it with the mountain of information here. I am in the US, she is from Canada.

[JFH 12,191]

I’m sorry to hear she’s in a bad situation but that will not speed up the process. Canada is not short of public resources so there may be welfare agencies, shelters, charities she can turn to for help. What do women in Canada in that situation but without a boyfriend in the US do? Can you move to Canada instead? 

 

As to the visa choice, that’s an individual matter.  What’s right for one couple won’t necessarily be right for the next. If working immediately is of importance then the spouse visa is your best option. If money’s not an issue then the K-1 might be the best choice. 

 

But first things first, does she have sole custody of the children? She will need to check whether she needs the other parent’s permission to permanently remove the children from Canada. Do you earn enough to support a family of 4 for many months? Healthcare for all of them? 

[JFH 12,191]

*~*~*moved from “IR-1/CR-1 spouse visa process and procedures” to “what visa do I need” as OP is still considering the options*~*~*

[atomicstorm 0]

I can support, no problem. I can't move.. I make 6 figures and have great healthcare/insurance - but what I do not know is when my insurance will cover them.. at the time of marriage or when the CR1 is complete. These are things we are planning before we file.

 

She could do a shelter, but the hostile situation is an individual and environment. She will have to vacate the area to eliminate the problem and yes she has sole custody.

Edited April 26, 2019 by atomicstorm

[Going through 5,671]

Expedite path depends on what reason you would have for expedition, and evidence to prove that.  If it's just because you don't want to spend time apart due to emotional distress, not going to fly with USCIS.  

 

Insurance question is probably best handled by your HR department at work.  Doubtful most will cover a wife's medical expenses while she is permanently living outside of the US...likely she would have to be legally residing in the US for coverage to begin.

 

She will need a court order/custody to move the children out of Canada.

Edited April 26, 2019 by Going through

[JFH 12,191]

OK so the custody issue is sorted. Although you will be able to add family members to your employee healthcare there will be an additional cost. I have added my husband to mine and it’s $400 a month for the basic plan. That’s just for him. Children are an additional cost on top of that. 

 

No matter how hostile the situation is (trouble with her ex?), it will not speed anything up. It will be exactly the same procedure as everyone else. 

[atomicstorm 0]

Any idea of expediting was due to the hostile situation and circumstance. There is evidence to support but to what degree USCIS cares about it is another story. For us though, it is which path is more appropriate and as long as they can come here for regular visits, the time of processing is not that much of an issue as we can lean on the supportive parent.

 

Yes - stalking, tapped her phone (reads her text messages remotely, etc), got my ex-wife to install a camera in my house while she was here on a visit that I wasn't aware of - police, etc knows. It is fine if there is no expedite path. Healthcare cost doesn't change for me by adding dependents. There is a family rate ($330). I work for a hospital. Luckily this is the only complicated matter in the situation.

Edited April 26, 2019 by atomicstorm

[JFH 12,191]

4 minutes ago, atomicstorm said:

Any idea of expediting was due to the hostile situation and circumstance. There is evidence to support but to what degree USCIS cares about it is another story. For us though, it is which path is more appropriate and as long as they can come here for regular visits, the time of processing is not that much of an issue as we can lean on the supportive parent.

They can continue to visit on either path. USCIS does not have a duty towards them as they are not US citizens. That’s why there is no chance of an expedite. I have personal experience of an expedite (not my own case but someone I know through my work) and the reason the case was expedited was because the USC was awaiting a liver transplant in California and was weeks from death. The case was expedited so that his children could be with him. Fortunately he received a transplant in time and is now doing very well. 

Edited April 26, 2019 by JFH

[Going through 5,671]

5 minutes ago, atomicstorm said:

Any idea of expediting was due to the hostile situation and circumstance. There is evidence to support but to what degree USCIS cares about it is another story. For us though, it is which path is more appropriate and as long as they can come here for regular visits, the time of processing is not that much of an issue as we can lean on the supportive parent.

While there are no guarantees she will be admitted entry into the US for visits (once the K1 or CR1 is filed, it shows immigrant intent, and strong ties to the US rather than Canada), she should be ok for visiting--just don't make the mistake of her staying several months straight at a time, and then returning for a second trip lasting months straight again...CBP really frowns on that and she could run into some problems at the border if they suspect she's basically trying to "reside" in the US on her Canadian passport.

Edited April 26, 2019 by Going through

[atomicstorm 0]

We were thinking couple weeks on, couple weeks off while it processes until the time of the interview and then she would just stay with the supportive parent. That way she wouldn't exceed her 6 month limitation but given the duration of the CR1, she would - because it looks to be about 13-15 months (it would be Montreal).

Edited April 26, 2019 by atomicstorm

[Boiler 46,252]

Do the children go to school?

[Going through 5,671]

1 minute ago, atomicstorm said:

We were thinking couple weeks on, couple weeks off while it processes until the time of the interview

Not the best plan, in my opinion.  A couple of weeks in the US, followed by a couple of weeks in Canada, followed by a couple of weeks in the US, rinse, repeat?

 

She may get away with it for a little bit, however she can be denied entry even if CBP thinks she is travelling "too frequently".  

[Lemonslice 4,989]

How old are her children? Will they be able to leave school for long periods?  Other Canadians will be able to tell you more details about which documents they had to bring to the Montreal consulate to confirm the children were ok to move abroad.

[Going through 5,671]

14 minutes ago, atomicstorm said:

Yes - stalking, tapped her phone (reads her text messages remotely, etc), got my ex-wife to install a camera in my house while she was here on a visit that I wasn't aware of - police, etc knows.

How on earth did that happen?  Her ex knows your ex?

[Lemonslice 4,989]

Could you visit them also? You go for a few weeks, next school vacations, they come to you...

Husband and myself saw each other a few times per month, usually alternating who would travel.