Canadian Married to American Cit w/PR - looking for advice

[Caninstrasz 1]

Hello all! Looking for some general advice on how best to proceed. 

 

I’m a Canadian citizen, my wife is an American citizen with Canadian permanent residence, been living in Canada for a few years and looking to get to the US ASAP. We had been planning on me entering as a visitor and applying for adjustment of status after 90 days while getting settled and getting her a job (which is what I’d been told by a friend who works in US immigration) but now being told that’s not kosher. 

 

I’ve been reading a lot about Ks, i-130s, CR-1, and other things but my head is spinning a bit. Does anyone have any advice on what the best route for us would be to get to the US ASAP, even if I can’t work (we will have very decent savings once the house is sold)? I understand consular processing is suuuuper backed up, but I’m reading something about once the first step is acknowledged or approved we can move down while the rest is processing? If we file that when can I go to the US, and can we visit family while that’s in process? I see Nebraska processing center currently has a processing time of 3 months for I130 approval, any way I can get my application routed there?

 

Thanks in advance to any kind souls who can assist!

[Boiler 45,898]

Fastest route would be if your wife has a job offer and you can go through Consular Processing 

 

Regular route would take over a year require  her to show US domicile etc etc

 

You can certainly look to visit whilst every thing is happening 

 

I would start by reading the guides so you get the basics down

 

 

[Crazy Cat 42,032]

13 minutes ago, Caninstrasz said:

Hello all! Looking for some general advice on how best to proceed. 

 

I’m a Canadian citizen, my wife is an American citizen with Canadian permanent residence, been living in Canada for a few years and looking to get to the US ASAP. We had been planning on me entering as a visitor and applying for adjustment of status after 90 days while getting settled and getting her a job (which is what I’d been told by a friend who works in US immigration) but now being told that’s not kosher. 

 

I’ve been reading a lot about Ks, i-130s, CR-1, and other things but my head is spinning a bit. Does anyone have any advice on what the best route for us would be to get to the US ASAP, even if I can’t work (we will have very decent savings once the house is sold)? I understand consular processing is suuuuper backed up, but I’m reading something about once the first step is acknowledged or approved we can move down while the rest is processing? If we file that when can I go to the US, and can we visit family while that’s in process? I see Nebraska processing center currently has a processing time of 3 months for I130 approval, any way I can get my application routed there?

 

Thanks in advance to any kind souls who can assist!

1.  Entering the US as a visitor with the intent to stay and adjust status is illegal.

2.  If you are married, a spousal visa (CR-1/IR-1) via Direct Consular Filing, as stated by @Boiler, is the fastest route (if you consulate accepts your case).  You cannot live in the US until you have the visa......You have no choice in which service center processes your I-130. 

[Caninstrasz 1]

 

8 minutes ago, Boiler said:

Fastest route would be if your wife has a job offer and you can go through Consular Processing 

 

Regular route would take over a year require  her to show US domicile etc etc

 

You can certainly look to visit whilst every thing is happening 

 

I would start by reading the guides so you get the basics down

 

 

 

1 minute ago, Crazy Cat said:

1.  Entering the US as a visitor with the intent to stay and adjust status is illegal.

2.  If you are married, a spousal visa (CR-1/IR-1) via Direct Consular Filing, as stated by @Boiler, is the fastest route (if you consulate accepts your case).  You cannot live in the US until you have the visa......You have no choice in which service center processes your I-130. 

Thank you both so much for this. So if she can secure a job offer we would file through DCF and claim exceptional circumstances, if I'm reading correctly? I'm in Canada so I think this would be Montreal? Will look for any similar cases. 

 

Thank you all again so much.

[SalishSea 18,064]

1 hour ago, Caninstrasz said:

Hello all! Looking for some general advice on how best to proceed. 

 

I’m a Canadian citizen, my wife is an American citizen with Canadian permanent residence, been living in Canada for a few years and looking to get to the US ASAP. We had been planning on me entering as a visitor and applying for adjustment of status after 90 days while getting settled and getting her a job (which is what I’d been told by a friend who works in US immigration) but now being told that’s not kosher. 

 

I’ve been reading a lot about Ks, i-130s, CR-1, and other things but my head is spinning a bit. Does anyone have any advice on what the best route for us would be to get to the US ASAP, even if I can’t work (we will have very decent savings once the house is sold)? I understand consular processing is suuuuper backed up, but I’m reading something about once the first step is acknowledged or approved we can move down while the rest is processing? If we file that when can I go to the US, and can we visit family while that’s in process? I see Nebraska processing center currently has a processing time of 3 months for I130 approval, any way I can get my application routed there?

 

Thanks in advance to any kind souls who can assist!

It’s not that it isn’t “kosher.”   It’s straight up immigration fraud.

[SalishSea 18,064]

55 minutes ago, Caninstrasz said:

 

 

Thank you both so much for this. So if she can secure a job offer we would file through DCF and claim exceptional circumstances, if I'm reading correctly? I'm in Canada so I think this would be Montreal? Will look for any similar cases. 

 

Thank you all again so much.

DCF is no longer available with the closure of all of the international USCIS offices.   You can request for the Montreal consulate to accept your case, but you will need to demonstrate exceptional circumstances.   I’m not sure how many cases like that they’ve accepted lately.

 

Word to the wise:   There is no “ASAP” when it comes to US immigration, even if the petition is accepted for DCF.

 

Everyone wants to immigrate immediately, but we all have to wait our turns.

[SteveInBostonI130 3,477]

1 hour ago, Caninstrasz said:

 

 

Thank you both so much for this. So if she can secure a job offer we would file through DCF and claim exceptional circumstances, if I'm reading correctly? I'm in Canada so I think this would be Montreal? Will look for any similar cases. 

 

Thank you all again so much.

 

You can and should try for DCF.  You would need a strong case for exceptional circumstances.  The last 2 posters I read about last month, who had job offers in the US, had their DCF requests denied.

 

K1 is not an option for you - it is for people who are single and free to marry, not already married.

 

CR1/IR1 is the normal path.  If you have been married for over 2 years, it is IR1 (automatic - you don't need to do anything extra).  It starts with your wife filing the I-130 with USCIS.

 

[mam521 2,124]

Montreal rarely, and I mean rarely, expedites anything.  You can try DCF, but I certainly would not bank on it.  

 

You'll have to file your I-130, have it approved by NVC, have it sent to DoS, fill out your DS-260 and once it's approved, join the wait for an interview.  It's the wait for an interview that is long in Montreal.  If you look at the link in my signature for the spreadsheet, that will give you an idea for how long it's taking from becoming documentarily qualified until interviews in Montreal currently.  Plan for 18mo+. 

[HRQX 4,145]

5 hours ago, Caninstrasz said:

We had been planning on me entering as a visitor and applying for adjustment of status

Preconceived intent to AOS from B-2 status is illegal.

 

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

5 hours ago, Caninstrasz said:

can we visit family while that’s in process?

See the following thread:

Edited November 5, 2021 by HRQX

[Redro 4,611]

8 hours ago, Caninstrasz said:

Hello all! Looking for some general advice on how best to proceed. 

 

I’m a Canadian citizen, my wife is an American citizen with Canadian permanent residence, been living in Canada for a few years and looking to get to the US ASAP. We had been planning on me entering as a visitor and applying for adjustment of status after 90 days while getting settled and getting her a job (which is what I’d been told by a friend who works in US immigration) but now being told that’s not kosher. 

 

I’ve been reading a lot about Ks, i-130s, CR-1, and other things but my head is spinning a bit. Does anyone have any advice on what the best route for us would be to get to the US ASAP, even if I can’t work (we will have very decent savings once the house is sold)? I understand consular processing is suuuuper backed up, but I’m reading something about once the first step is acknowledged or approved we can move down while the rest is processing? If we file that when can I go to the US, and can we visit family while that’s in process? I see Nebraska processing center currently has a processing time of 3 months for I130 approval, any way I can get my application routed there?

 

Thanks in advance to any kind souls who can assist!

You should get yourself acquainted with the Canada forum.

Lot's of helpful advice about the issues  beneficiaries with USCs with permanent residency in Canada encounter at the interview. 

I would file the I-130 as soon as possible if you want to move. 

Here are some recent threads about requesting DCF in Canada based on job offers. 

 

 

[DGF 730]

Your only option is the CR-1 (likely IR-1) as others have said, which is definitely not quick. For quick, I'd look into if you qualify for a TN. It can be applied for at the border and will allow you to live and work in the US while your CR-1 processes. If you do qualify for it you should look at other's experiences in terms of dealing with intent, timing of the CR-1 application, etc.

Edited November 6, 2021 by DGF

[Ban Hammer 13,469]

one non constructive reply removed.

please post constructive advice

 

charles

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