Returning US citizen with Canadian Spouse

[Gildedaxe 3]

I'm not sure if this is the right location to ask this question, but I will try to give as much info as possible for a good answer.

 

I am a US citizen and lived in the the US until April 2012. I married my wife in February 2012 while she was visiting from Canada. While I was visiting her in Canada in April, I decided to stay in Canada and completed the necessary immigration steps to become a permanent resident of Canada. I have lived in Canada ever since. I have completed post secondary school and started a career in Canada. Wanting to escape the high cost of living, I wanted to move back to America. I secured employment and will be moving back by myself at the end of July. I will be staying with my parents while I work the rest of the situation out. I have some questions about the immigration process for my wife. My child was born in Canada, but her birth was reported to the US consulate and I have a US passport for her. Will my wife be required to wait in Canada while the I 130 and subsequent forms are processed? Is there any legitimate way to have her move with my daughter while the forms are processing? I won't be able to stay with my parents forever, and supporting 2 household rent payments will be burdensome. Does anyone have any experience in this matter? Let me know if any further info would help clarify anything.

 

Thanks

[Mike E 11,739]

22 minutes ago, Gildedaxe said:

I am a US citizen and lived in the the US until April 2012. I married my wife in February 2012 while she was visiting from Canada. While I was visiting her in Canada in April, I Will my wife be required to wait in Canada while the I 130 and subsequent forms are processed?

Yes and until after her CR1/IR1 visa is ready.  
 

Quote

Is there any legitimate way to have her move with my daughter while the forms are processing?

She can visit you for up to 180 days under the visa exemption.  She can get an I-20 from a university and enter the USA under an F-1 status and attend school full time. She can get a qualified job in the USA and enter the USA under a TN-1 status.
 

In each of these cases, because of her pending I-130 and the fact that her child and spouse are US citizens, her strong ties to the USA increase the likelihood she will be denied entry into the USA until she gets an immigration visa. 

Edited July 4, 2021 by Mike E

[ineedadisplayname 499]

3 hours ago, Gildedaxe said:

Wanting to escape the high cost of living, I wanted to move back to America.

Cuz America is so cheap... 

Anyway to be on topic.. Is there direct consular filing available for Canadians?

[Gildedaxe 3]

19 minutes ago, ineedadisplayname said:

Cuz America is so cheap... 

Anyway to be on topic.. Is there direct consular filing available for Canadians?

I had not heard about this before. It looks like it may be, but I am getting conflicting answers. Decision can only be made via a Mexico location? I am not sure. I am contacting the Toronto Consulate now to see if this is possible. This would help quite a bit. 

[Dashinka 24,519]

You can try and contact your nearest consulate and see if you can file the I130 with them based on your employment relocation.

 

https://www.uscis.gov/policy-manual/volume-6-part-b-chapter-3

[gjennings 0]

I have essentially the same scenario- wondering what you ended up doing?

I am understanding there might be a few pathways, apply from Canada and wait for green card, apply from US as adjustment of status but there could be no previous intent of immigration, or a path with consulate that I'm unsure of.