Spouse moving while waiting on the CR1

[Surrey19 6]

Dear all ,

 

When I am married to a girl US citizen girl in US and after marriage the girl moved to Canada with me (I am asylum claimant in Canada )

 

can she still file I 130 and process the CR1 visa while she is not in US and what about if she file it in US and moved (for her job she works online )

 

thanks 

[JFH 12,190]

I assume she is planning on moving back to the US? She can certainly file whilst living in another country but Montreal is super hot on the domicile Intention part. You might want to browse the Canada sub-forum here to see the hoops that USCs living in Canada have had to jump through at the Montreal embassy when it comes to demonstrating the intent to re-establish domicile. 

[Bcpar20 0]

2 minutes ago, JFH said:

I assume she is planning on moving back to the US? She can certainly file whilst living in another country but Montreal is super hot on the domicile Intention part. You might want to browse the Canada sub-forum here to see the hoops that USCs living in Canada have had to jump through at the Montreal embassy when it comes to demonstrating the intent to re-establish domicile. 

The problem I canot move to US as the CR1 takes up to 2 years and at the same time we canot stay separated so was thinking  if she leaves until the CR1 visa finished and we can live together 

[JFH 12,190]

2 minutes ago, Bcpar20 said:

The problem I canot move to US as the CR1 takes up to 2 years and at the same time we canot stay separated so was thinking  if she leaves until the CR1 visa finished and we can live together 

Separation is part of the process for most of us. We all survived it. Military spouses survive it. Nothing wrong with the USC living in another country during the process. The hurdles start at the end of the process when the USC has to demonstrate that they will be returning to the US for good and Montreal is particularly picky about that.

[Bcpar20 0]

6 minutes ago, JFH said:

Separation is part of the process for most of us. We all survived it. Military spouses survive it. Nothing wrong with the USC living in another country during the process. The hurdles start at the end of the process when the USC has to demonstrate that they will be returning to the US for good and Montreal is particularly picky about that.

Yes I know separation is part of the process but why would montreal to give someone CR1 if his wife is American and she is abroad just to be with her husband and she is on tourism visa and she is not Canadian 

[JFH 12,190]

6 minutes ago, Bcpar20 said:

Yes I know separation is part of the process but why would montreal to give someone CR1 if his wife is American and she is abroad just to be with her husband and she is on tourism visa and she is not Canadian 

If you are in Canada and applying for a CR-1 visa then you must attend an interview in Montreal. The interviewer there will decide whether or not to grant a visa. One of the requirements is for the USC to demonstrate that they will be living in the US permanently. Montreal is very strict on this requirement. I suggest you research this process very thoroughly. 

Edited September 16, 2020 by JFH

[Bcpar20 0]

1 hour ago, JFH said:

If you are in Canada and applying for a CR-1 visa then you must attend an interview in Montreal. The interviewer there will decide whether or not to grant a visa. One of the requirements is for the USC to demonstrate that they will be living in the US permanently. Montreal is very strict on this requirement. I suggest you research this process very thoroughly. 

There are consulate in Alberta if I’m residing in Alberta I should Alberta the consulate in Alberta right why would I my interview in Montreal 

[Chancy 6,241]

2 minutes ago, Bcpar20 said:

There are consulate in Alberta if I’m residing in Alberta I should Alberta the consulate in Alberta right why would I my interview in Montreal 

 

Because only Montreal handles immigrant visa processing.  You cannot choose any other consulate in Canada.

 

[JFH 12,190]

1 hour ago, Bcpar20 said:

There are consulate in Alberta if I’m residing in Alberta I should Alberta the consulate in Alberta right why would I my interview in Montreal 

Like I said, you need to do a lot of research on this. Only Montreal handles immigrant visas for those living in Canada. 

[SalishSea 17,836]

11 hours ago, Bcpar20 said:

There are consulate in Alberta if I’m residing in Alberta I should Alberta the consulate in Alberta right why would I my interview in Montreal 

You clearly have done no reading whatsoever about the process of trying for a CR-1 visa in Canada.  Please educate yourself a bit, rather than just expecting folks here to answer every single question you have.

[Just Paul 4,595]

13 hours ago, Bcpar20 said:

There are consulate in Alberta if I’m residing in Alberta I should Alberta the consulate in Alberta right why would I my interview in Montreal 

 

You need to read the guides here and also look at the Department of States website for Canada.   If you had read the Department of State's website you would have seen that only Montreal does interviews for Spousal and Fiance Visas.  You do not get to pick where you interview let alone when you interview.  If you want to come to the US because you love this girl then you will have to play by the rules.   There are two pieces to the immigrant Visa Filing.  For the filing with USCIS she can be anywhere when it is submitted.   However by time the petition gets to the NVC she will need to show income sufficient to support you that originates from the US.  The consulate in  Montreal is very strict about domicile of the petitioner.   She must keep domicile in place in order for you to get the visa.  Unfortunately the wait is very long.  If you want to be successful you may want to ask here to join VisaJourney since she will be the one filing the petition and dealing with the process for the first two stages.

 

 

[stech786 236]

I think if you stay outside of US for > 6 months you lose domicile. Just make sure to enter USA every 6 months. I’m sure you have family in US. Just to stay safe. 

[SalishSea 17,836]

2 hours ago, stech786 said:

I think if you stay outside of US for > 6 months you lose domicile. Just make sure to enter USA every 6 months. I’m sure you have family in US. Just to stay safe. 

This is incorrect.

[stech786 236]

11 minutes ago, Jorgedig said:

This is incorrect.

What part is incorrect?  Like I said, “I think” 

 

if someone is incorrect. You correct that person. 

[Chancy 6,241]

2 hours ago, stech786 said:

I think if you stay outside of US for > 6 months you lose domicile. Just make sure to enter USA every 6 months. I’m sure you have family in US. Just to stay safe. 

 

US citizens can live abroad for years without returning to the US, yet still maintain domicile in the US by paying taxes, voting, keeping US bank accounts, etc.  Many VJ members have done so and successfully sponsored their family members for US immigration.