US & Canadian fire fighters marry, need some guidance

[Justintime2 6]

Hopefully this is in the correct forum and makes sense. I know this takes bit of time to read through and type out a response so thank you in advance for any info or direction, and be gentle, this is my first time! :*)

 

After all the reading I've got a bunch of completed forms w/documentation but not sure I completely understand the sequence and don't know what I don't know.

1. Which is the best way/sequence to file these and am I missing anything?

2. Does parole effect us (not sure I understand it)

3. While this is processing is she still able to come and go across the border as a normal visitor?

4. Does her job effect this process before, during or after?

5. What question am I not asking that I should?

 

Our info:

Married in WA State on July 5th 2019 and have been working on all the filings.

I live and work in WA State up near the Canadian border, she lives and works in BC, Canada down near the US border. We're about 45-mins apart.

She's down here on her days off and I'm up there occasionally on mine, both have Nexus.

She intends to live here and commute to her fire fighter job in Canada and maybe eventually work in the US. Her job is actually closer to my home in the US then it is to her home in Canada.

We've completed but not submitted the following:

I-129F

I-130

I-485

G-1145

She's also completed her health exam which is sealed by the US doctor and ready to go.

She's changed her last name to mine. (already changed her Canadian drivers license, passport and Nexus)

 

Me:

47-YOM US citizen by birth

Fire captain w/20-yrs on the job (in US)

Divorced over a decade ago

1 daughter who's 24 and out on her own

Own my own home, perfect credit, no criminal record and back ground checked extensively for my job

 

Wife:

43-YOF Canadian citizen by birth

Fire Fighter w/3yrs on the job (in Canada)

Never married

No kids

Owns her own home, perfect credit, no criminal record and back ground checked extensively for her job

 

[Boiler 45,486]

Presumably you will be adding her to your Health Insurance.

 

I would imagine the Tax aspect could be complicated.

[Crazy Cat 41,845]

K-3 visas are obsolete.  The I-129f will be likely be administratively closed while the I-130 will be processed.....The result will be a CR-1 visa....

 

2.  Advance Parole is not applicable to CR-1 cases........it applies to K-1 and K-3 entrants (and all applicants for adjustment of status).

3.  Yes, but it will her responsibility to convince the CBP officer that she will return to Canada.  Every entry is at the discretion of CBP.

4.  After, yes......due to tax implications.

Normal processing time for a CR-1 visa is about 12-14 months from filing to visa in hand.

Edited September 15, 2019 by missileman

[Ontarkie 14,221]

It will be no problem for her to continue working in Canada after she moves with her visa (she will be no longer eligible for Canada's health care even though she will be paying into it, and she will also need to have her employer take taxes out as a non resident. As she cannot be deem a resident of Canada if she is a resident of the US. Canada will consider her a non resident for health care and all tax related things the day she crosses the border endorsing her visa.

 

 She can continue to visit like she has once you start the paper work. 

 

As for her medical you say she has it is not likely an authorized one. She needs to get her medical in Canada once she gets to that stage by a Panel Physician. The one she has if it even was allowed to be use will be expired by the time she goes to the interview in Montreal (the only place that will process her visa). 

[designguy 1,179]

OP you may want to check out this link for some more information regarding the tax implications

https://www.canada.ca/en/revenue-agency/services/tax/international-non-residents/individuals-leaving-entering-canada-non-residents/deemed-residents.html

 

[dwheels76 5,468]

1 hour ago, Justintime2 said:

Hopefully this is in the correct forum and makes sense. I know this takes bit of time to read through and type out a response so thank you in advance for any info or direction, and be gentle, this is my first time! :*)

 

After all the reading I've got a bunch of completed forms w/documentation but not sure I completely understand the sequence and don't know what I don't know.

1. Which is the best way/sequence to file these and am I missing anything?

2. Does parole effect us (not sure I understand it)

3. While this is processing is she still able to come and go across the border as a normal visitor?

4. Does her job effect this process before, during or after?

5. What question am I not asking that I should?

 

Our info:

Married in WA State on July 5th 2019 and have been working on all the filings.

I live and work in WA State up near the Canadian border, she lives and works in BC, Canada down near the US border. We're about 45-mins apart.

She's down here on her days off and I'm up there occasionally on mine, both have Nexus.

She intends to live here and commute to her fire fighter job in Canada and maybe eventually work in the US. Her job is actually closer to my home in the US then it is to her home in Canada.

We've completed but not submitted the following:

I-129F

I-130

I-485

G-1145

She's also completed her health exam which is sealed by the US doctor and ready to go.

She's changed her last name to mine. (already changed her Canadian drivers license, passport and Nexus)

 

Me:

47-YOM US citizen by birth

Fire captain w/20-yrs on the job (in US)

Divorced over a decade ago

1 daughter who's 24 and out on her own

Own my own home, perfect credit, no criminal record and back ground checked extensively for my job

 

Wife:

43-YOF Canadian citizen by birth

Fire Fighter w/3yrs on the job (in Canada)

Never married

No kids

Owns her own home, perfect credit, no criminal record and back ground checked extensively for her job

 

Okay I see some things you need to omit. You aren't adjusting status so take the I-485 out. Omit the I-129F.

 

Don't know why you got a medical so soon. That is not required until right before the interview. That medical will be long expired she will need anther one who that won't work.

 

You will just file the I-130, I-130A with the G-1145 (Notification) and send to the Phonenix Lockbox. Expect 12 to 15 months from filing to interview.

 

Mail your application to:

USCIS Phoenix Lockbox

For U.S. Postal Service (USPS) deliveries:

USCIS
Attn: I-130
P.O. Box 21700
Phoenix, AZ 85036

For FedEx, UPS, and DHL deliveries:

USCIS
Attn: I-130
1820 E. Skyharbor Circle S
Suite 100
Phoenix, AZ 85034

Interview will be in Montreal.

[Ryan H 3,812]

***Moved from K3 Process & Procedures to IR-1/CR-1 Process & Procedures.***

 

**Moderator hat off**

 

My answers in bold and red

 

3 hours ago, Justintime2 said:

I-129F This form is not needed

I-130

I-485 This form is not needed

G-1145 optional

She's also completed her health exam which is sealed by the US doctor and ready to go.  She'll need another one by an approved panel physician in Canada.

 

Don't forget the I-130A

[canadian_wife 1,822]

She will need a new medical before the interview.  The interview will be in Montreal, as that is where all interviews are for Canada.  And she will need to visit a panel physician. 

 

https://travel.state.gov/content/dam/visas/Medical/MTL - Montreal.pdf

 

I hope this helps.  

[Justintime2 6]

Wow, thanks to everyone for the info! Will see if quoting this all in one post will work instead of carpet bombing the board by replying to each one separately.

 

5 hours ago, Boiler said:

Presumably you will be adding her to your Health Insurance.

 

I would imagine the Tax aspect could be complicated.

Yes, she will be on my health care plan. Tax consequences are on our mind but will be figured out after the application process has been initiated.

 

 

4 hours ago, missileman said:

K-3 visas are obsolete.  The I-129f will be likely be administratively closed while the I-130 will be processed.....The result will be a CR-1 visa....

 

2.  Advance Parole is not applicable to CR-1 cases........it applies to K-1 and K-3 entrants (and all applicants for adjustment of status).

3.  Yes, but it will her responsibility to convince the CBP officer that she will return to Canada.  Every entry is at the discretion of CBP.

4.  After, yes......due to tax implications.

Normal processing time for a CR-1 visa is about 12-14 months from filing to visa in hand.

1. The CR-1 is where once she's granted it the next time she crosses the border it's stamped and live?

2. Awesome, we were concerned about what this provision meant for us.

3. 4 CBP officers live in my neighborhood and am friends with many more, so hopefully should any bumps be encountered they can be smoothed out with a phone call!

4. This is the next phase of our learning curve.

 

 

5 hours ago, Ontarkie said:

It will be no problem for her to continue working in Canada after she moves with her visa (she will be no longer eligible for Canada's health care even though she will be paying into it, and she will also need to have her employer take taxes out as a non resident. As she cannot be deem a resident of Canada if she is a resident of the US. Canada will consider her a non resident for health care and all tax related things the day she crosses the border endorsing her visa.

 

 She can continue to visit like she has once you start the paper work. 

 

As for her medical you say she has it is not likely an authorized one. She needs to get her medical in Canada once she gets to that stage by a Panel Physician. The one she has if it even was allowed to be use will be expired by the time she goes to the interview in Montreal (the only place that will process her visa). 

Your first paragraph is one we'll need to carefully consider and understand how this is going to impact her employment and access to benefits, thanks for the heads up.

Good to know she can come and go as she does now.

We were trying to be proactive and found the nearest one on the approved list and got it done. We'll consider that a stupid tax as I should have posted here sooner...

 

 

3 hours ago, designguy said:

OP you may want to check out this link for some more information regarding the tax implications

https://www.canada.ca/en/revenue-agency/services/tax/international-non-residents/individuals-leaving-entering-canada-non-residents/deemed-residents.html

 

Thank you for the resource, I will bookmark it for future reading!

 

 

4 hours ago, dwheels76 said:

Okay I see some things you need to omit. You aren't adjusting status so take the I-485 out. Omit the I-129F.

 

Don't know why you got a medical so soon. That is not required until right before the interview. That medical will be long expired she will need anther one who that won't work.

 

You will just file the I-130, I-130A with the G-1145 (Notification) and send to the Phonenix Lockbox. Expect 12 to 15 months from filing to interview.

 

Mail your application to:

USCIS Phoenix Lockbox

For U.S. Postal Service (USPS) deliveries:

USCIS
Attn: I-130
P.O. Box 21700
Phoenix, AZ 85036

For FedEx, UPS, and DHL deliveries:

USCIS
Attn: I-130
1820 E. Skyharbor Circle S
Suite 100
Phoenix, AZ 85034

Interview will be in Montreal.

That is a very clear picture of what we need to do, thank you!

See the response two above yours as that medical is now a stupid tax.

 

 

2 hours ago, Ryan H said:

***Moved from K3 Process & Procedures to IR-1/CR-1 Process & Procedures.***

 

**Moderator hat off**

 

My answers in bold and red

 

 

Don't forget the I-130A

Thanks for getting this into the right forum and although I missed the I-130A in the list I typed out we do indeed have one!

 

 

32 minutes ago, canadian_wife said:

She will need a new medical before the interview.  The interview will be in Montreal, as that is where all interviews are for Canada.  And she will need to visit a panel physician. 

 

https://travel.state.gov/content/dam/visas/Medical/MTL - Montreal.pdf

 

I hope this helps.  

Thank you very much, did not see Montreal coming but we'll make a trip out of it!

[NikLR 13,227]

She can do the medical in Surrey however so the trip to Montreal only has to be as long as you want. 

[RCable 75]

A lot of people make a week long trip out to Montreal. That’s what we’ll be doing since my husband lives in a Calgary. It’s easier than making 2 trips.

 

 They get their medical there about a week before the interview. But if she lives near one of the other medical locations she can just go there for that. But look up the processing times for when you can get your medical paperwork back, I think each place is a little different. 

 

While you’re waiting for the visa to go through, she will just need to bring proof that she’s going back while visiting. Things like a letter from work and her mortgage should be good. She has to prove ties to Canada. 

 

And I would definitely look into the whole working in Canada while living in the US thing further. 

 

So so envious you only live 45min away from each other! That would make the long wait for the visa so much easier!

 

Good luck!

[Cryssiekins 976]

8 hours ago, RCable said:

A lot of people make a week long trip out to Montreal. That’s what we’ll be doing since my husband lives in a Calgary. It’s easier than making 2 trips.

 

So so envious you only live 45min away from each other! That would make the long wait for the visa so much easier!

 

Good luck!

If possible - try to get to Quebec City.  It’s absolutely stunning.  I’m not a huge fan of Montreal so 2 days was all I wanted to do there, but agree for those who have to travel quite far to QC, it’s easier and cheaper to do it once.

 

My husband and I were ~35 minutes away from each other NY and ON, so I always feel awful reading stories on here where people are plane rides away, because we were SO fortunate to be able to do weekends together or every other weekend. My heart breaks for everyone who has to wait months (or longer) between visits as I can only imagine that’s so taxing.

 

Good luck to you both!

[carmel34 3,626]

3 hours ago, Cryssiekins said:

My husband and I were ~35 minutes away from each other NY and ON, so I always feel awful reading stories on here where people are plane rides away, because we were SO fortunate to be able to do weekends together or every other weekend. My heart breaks for everyone who has to wait months (or longer) between visits as I can only imagine that’s so taxing.

My husband and I had a two-year long-distance relationship (California--Brazil) and we made it work.  It wasn't easy, but fortunately I was able to make the long trip to Brazil about every two or three months to be with him during the process, and lots of daily texts and a nightly video call really helped.  Now waking up next to him every day, all the pain and sad good byes were definitely worth it!  Good luck to all going through this, whether 35 minutes or 35 hours apart it can be done if you really love each other.

Edited September 16, 2019 by carmel34

[Justintime2 6]

Sorry for the delay in getting back to this, had surgery and have been (slowly) recovering.

Some amazing info so far which has clarified many things but created a few more questions.

1. Since we're going to file the I-130/I-130A/G-1145 and go the CR-1 route, does the I-94 form apply to us?

2. How many letters verifying relationship validity is a good starting point?

3. If we don't yet own any real property together yet does that work against us? (we're currently looking to by a condo in Maui but probably won't happen before)

4. Notice the I-130A doesn't ask for copies of her birth certificates and passport but it did in other forms, does that come later or at the interview?

5. How intertwined do our finances need to be? We have one joint bank account that is used for a few things but most of our finances our kept separate. What are they looking for?

Thanks,

Justin

 

[LilyJ 1,258]

33 minutes ago, Justintime2 said:

Sorry for the delay in getting back to this, had surgery and have been (slowly) recovering.

Some amazing info so far which has clarified many things but created a few more questions.

1. Since we're going to file the I-130/I-130A/G-1145 and go the CR-1 route, does the I-94 form apply to us?

2. How many letters verifying relationship validity is a good starting point?

3. If we don't yet own any real property together yet does that work against us? (we're currently looking to by a condo in Maui but probably won't happen before)

4. Notice the I-130A doesn't ask for copies of her birth certificates and passport but it did in other forms, does that come later or at the interview?

5. How intertwined do our finances need to be? We have one joint bank account that is used for a few things but most of our finances our kept separate. What are they looking for?

Thanks,

Justin

 

1) Not unless she’s currently in the US

2) None. Focus on time spent together instead (photos, hotels, vacation receipts), etc), maybe even add each other to your insurances if you can and if you haven’t already. Written affidavit letters are pretty much useless

3) No. It’s expected that couples who don’t live in the same country and are newlywed won’t own property together or have many commingled assets if any at all

4) She will submit photocopies of her civil documents at the NVC phase. Beneficiary passport/birth certificate isn’t needed at USCIS/I130 phase

5) What they’re looking for is evidence of a bona fide marriage, not necessarily only financial commingling assets, those are just one way to show bona fide marriage. There’s no “minimum” to how commingled your finances have to be since for most couples, financial commingling isn’t really possible until living together. Having just one barely used joint bank account together is completely fine and more than what most people have when filing I130