Sponsor spouse and kids living in Canada

[aaron2020 11,651]

45 minutes ago, HeenaMUA said:

Another thought came to my mind please advise what’s your take on this.

 

What if we the whole family move to USA? Since my spouse is Canadian citizen so going there won’t be an issue. Will I have to follow the same process like filling I-130 first or there will be different procedure with in USA. Wil applying from within USA wouldn’t be simpler and take lesser time?

 

Please advise if there is any advantage to move to USA and sponsor my spouse and kids from within USA. Or the procedure & time will be same even if I apply from within Canada.

Two huge disadvantages to your though.   

1.  It's illegal to enter the US on a non-immigrant basis with the intent to immigrate by adjusting status.  Your husband would be violating US laws.

 

2.  Your husband is not authorized to work in the US.  If he moves to the US and applies to adjust status, it will take 6-8 months for him to be able to legally work.  During this 6-8 months wait, he must stay inside the US until he gets AP.  If he leaves the US without AP, he will abandon the entire process.  

There is ONLY one process available to you.  You must file separate I-130 for your spouse and kids.  When your kids enter the US with their immigration visas, they will automatically become US citizens.   Upon entering with his immigration visa, your husband will become a green card holder who is authorized to legally work and can immediately travel internationally without risking his immigration status.  

[SusieQQQ 11,586]

2 hours ago, HeenaMUA said:

Since my spouse is Canadian citizen so going there won’t be an issue.

Hm, watch a few episodes of border security and you’ll see enough Canadians refused entry when it’s clear their intent is to live in the US rather than visit.

[HeenaMUA 1]

I have submitted I-130 online for my spouse and kids at the end of February 2022. can someone please advice usually how long it takes to process the application ?

 

Thanks 

[milimelo 4,475]

1 hour ago, HeenaMUA said:

I have submitted I-130 online for my spouse and kids at the end of February 2022. can someone please advice usually how long it takes to process the application ?

 

Thanks 

Up to a year at USCIS for approval then about a month to get to NVC, about 3 months in NVC (minimum) and then probably a year before Montreal schedules interview - Montreal has been backlogged even before Covid - now they have to get through 2020 backlog first, then 2021. 

[Chancy 6,241]

59 minutes ago, milimelo said:

probably a year before Montreal schedules interview - Montreal has been backlogged even before Covid - now they have to get through 2020 backlog first, then 2021.

 

Montreal has done very well in recent months working through their backlog of CR1/IR1 cases.  There are reports in the tracking mega-thread at the Canada regional forum that the wait time from DQ to IL is now down to around 3 months.  Some cases DQ Jan 2022 already got their ILs for April interviews.

 

[pushbrk 12,870]

3 hours ago, Chancy said:

 

Montreal has done very well in recent months working through their backlog of CR1/IR1 cases.  There are reports in the tracking mega-thread at the Canada regional forum that the wait time from DQ to IL is now down to around 3 months.  Some cases DQ Jan 2022 already got their ILs for April interviews.

 

Yes, Montreal has done a good job clearing their backlog.  It's about as short as I've ever seen it now.