Returning US citizen

[Gildedaxe 3]

I am hoping I can get some further information on the immigration process to bring my wife to the United States. I married my wife 10 years ago in the United States. She is a Canadian citizen, and shortly after marriage, I immigrated to Canada as a permanent resident. I have now received a job offer in the United States and would like to return. All of my own research shows that my wife will have to remain in Canada until the green card process is complete. This is problematic as we have a 6 year old daughter and another on the way due in May. I had heard about direct consulate filing and reached out to my local consulate in Toronto, but they refused my request and stated I would need to file my application from within the US. I am currently splitting my time between the US and Canada. I spend 5 days a week in the US while working and spend the weekends in Canada. This is working for now, but will be extremely difficult once our next child is born. Is there no way to bring a Canadian to the US and do an adjustment of status after the fact? It is my understanding it will be very difficult to cross the border (impossible) with this intent in mind. 

I really thought I would be eligible for direct consulate filing as my residence is still officially in Canada and I had a qualifying reason of a new job in the United States.

 

Any help would be greatly appreciated.

[Crazy Cat 41,898]

52 minutes ago, Gildedaxe said:

Is there no way to bring a Canadian to the US and do an adjustment of status after the fact? It is my understanding it will be very difficult to cross the border (impossible) with this intent in mind. 

It is illegal to enter the US as a visitor with the intent to stay and adjust status.  You have 2 choices:  DCF or the normal IR-1 route.  Visiting the US is allowed during the process at the discretion of CBP at the border.  Have you asked Montreal about DCF.  They are the approving consulate for spousal visas in Canada.

Edited October 15, 2021 by Crazy Cat

[HRQX 4,145]

41 minutes ago, Gildedaxe said:

I had heard about direct consulate filing and reached out to my local consulate in Toronto,

Try Montreal since that is where the IV unit is.

 

If still unsuccessful with starting DCF then I recommend online filing for the I-130: https://www.uscis.gov/i-130

42 minutes ago, Gildedaxe said:

Is there no way to bring a Canadian to the US and do an adjustment of status after the fact? It is my understanding it will be very difficult to cross the border (impossible) with this intent in mind.

Preconceived intent to AOS from B-2 is illegal.

 

At POE, she must be honest with the CBP officer and the officer will deny her entry as inadmissible for being an intending immigrant without a visa that permits immigrant intent; see INA 212(a)(7)(A)(i)(I).

[Letspaintcookies 2,310]

If you already moved back to the States for good to start your new job the DCF option might be gone but totally give it a try and ask Montreal.

[Gildedaxe 3]

I still live in Ontario. I commute and spend 5 days a week in the US at my parents. My residence is still Ontario. 

Another question that is popping up now, is where does the beneficiary intend to live in the US. I am unable to provide that answer as I won't be acquiring a place until the immigration process has completed.

[Crazy Cat 41,898]

2 minutes ago, Gildedaxe said:

I still live in Ontario. I commute and spend 5 days a week in the US at my parents. My residence is still Ontario

Montreal is the consulate which processes spousal visas in Canada. 

[Gildedaxe 3]

Montreal informed me to contact Toronto, Toronto told me no.

[Redro 4,611]

44 minutes ago, Gildedaxe said:

I still live in Ontario. I commute and spend 5 days a week in the US at my parents. My residence is still Ontario. 

Another question that is popping up now, is where does the beneficiary intend to live in the US. I am unable to provide that answer as I won't be acquiring a place until the immigration process has completed.

As you currently reside with your parents during the week. I would give your parent's address for now (and use that as your mailing address).

Then you can change things after your move. 

41 minutes ago, Gildedaxe said:

Montreal informed me to contact Toronto, Toronto told me no.

Sounds like you'll have to file the regular way. Unfortunately, it seems like pregnancy or a new baby and job aren't grounds for DCF. 

You'll either have to give up that job offer or try to make things work while you go through the immigration process. 

[Letspaintcookies 2,310]

33 minutes ago, Kor2USA said:

 

Sounds like you'll have to file the regular way. Unfortunately, it seems like pregnancy or a new baby and job aren't grounds for DCF. 

You'll either have to give up that job offer or try to make things work while you go through the immigration process. 

Pregnancy not but relocation because of a new job usually is.

[Redro 4,611]

3 minutes ago, Letspaintcookies said:

Pregnancy not but relocation because of a new job usually is.

Usually, but not in this case... maybe it is because the OP is already working in the States and commuting? 

Who knows.... 

 

[millefleur 5,046]

3 hours ago, Gildedaxe said:

All of my own research shows that my wife will have to remain in Canada until the green card process is complete. This is problematic as we have a 6 year old daughter and another on the way due in May

I'm sorry to hear that they've rejected for DCF request, it's quite frustrating. Based on your situation, I recommend just remaining in Canada until the baby is born (and maybe a bit after for the post-partum care) and then immigrating. Is it possible that with your new US job, you can work remotely in Canada until you're able to move back to the States with family in tow?

[Gildedaxe 3]

It might be because I am already working, but I did open up communication before I started, but they never responded. I put in another request to Montreal and they referred me to Toronto. Toronto says no. I'm thinking they think I already live in the US which I do not. The delay in their response is a real killer. It seems impossible. Essentially it seems like I now need to be apart from my family 5 days a week in order to keep working this job. I have no ability to work remote. Financially I am not able to support living on both sides of the border. I guess I can apply for an expedited filing due to financial loss, but I doubt I qualify. 

[canadian_wife 1,822]

Montreal is exceptionally strict about domicile.  You will likely have to move back to the US before your family.  For right now you can list your parents address as where you intend to live but update it when you move.  There is no way around this, peek at the Canadian regional forum and you will get great advice about establishing domicile.

 

good luck 

[SalishSea 17,839]

15 hours ago, Gildedaxe said:

I put in another request to Montreal and they referred me to Toronto. Toronto says no

Sounds like you may have gotten your wires crossed.  AFAIK, Toronto does not process ANY immigrant visas whatsoever.  All DCF requests would go through Montreal.

[edsperfect 25]

if the baby is born in the us then it will be a us citizen. that is a very good thing if you all intend to be us citizens. i see no reason why she can not visit you shortly before the baby is to be born