PIP for AOS or CR1

[gjennings 0]

I'm a spouse of a US veteran and we are wanting to buy property and move to the States from Canada. 

 

from what I understand consular processing is not possible, but with a newborn baby I'm looking for best way to stay together during this process.

 

Wondering I join him in the states and decide to apply for AOS afterwards, say after we find a property and close, but I'm worried that during the interviews that they would find I had previous intent to immigrate because of the house hunting etc. I could maintain a residence in Canada, I'm on mat leave and don't have a ton of ties to Canada, but if I can only visit while awaiting an IR1 I believe that would only be possible 6 months out of a calendar year, and the visa process now takes 1+ year?

Does PIP help us in this case to stay together during the visa process. Sorry this is a basic question, but I am getting contradictory information in my searches. 

[Crazy Cat 41,984]

Welcome to VJ, your best source of ACCURATE immigration information.

You have immigrant intent.  Entering the US as a visitor with the intent to stay and adjust status is visa fraud.....and any discussion condoning it here on VJ is a violation of the Terms of Service.  You can visit during the spousal visa process (at the discretion of CBP), but you need a visa to live in the US.

I can testify that US military veteran status is of no benefit for immigration purposes.  Consulate processing is your path.  In exceptional circumstances, DIRECT CONSULAR POCESSING might be available. 

 

Edited November 9, 2021 by Crazy Cat

[gjennings 0]

Thank you, im going to delete my question as I don’t want anything out there with the fraud implication. 

[Crazy Cat 41,984]

1 minute ago, gjennings said:

Thank you, im going to delete my question as I don’t want anything out there with the fraud implication. 

There is no problem with your post.  You merely asked a question.  

Sadly, spousal visas are taking 12-24 months from start to finish right now.  I would certainly investigate the possibility of DCF, as it would be considerably faster.

Edited November 9, 2021 by Crazy Cat

[SteveInBostonI130 3,471]

Your spouse can file the I-130 now, online, and get the application rolling.

 

He can live with you in Canada until it gets close to the interview.  I would suggest waiting until the I-130 is approved and you complete the NVC steps - pay IV and AOS (Affidavit of Support) fees and submit documents.

 

At that time your husband should move back to the states and purchase the house to establish domicile.  This will be needed by the time of the interview at Montreal.

 

Hopefully the NVC to interview stage will be 6 months or so, which will allow you to visit your husband in the States while you wait for the interview.

[Crazy Cat 41,984]

@SteveInBostonI130 has a good plan.  Just be aware that once your husband files the I-130 to the stateside lockbox, DCF filing will not be possible. 

[gjennings 0]

3 minutes ago, SteveInBostonI130 said:

Thank you, that sounds hopeful. 

[gjennings 0]

Just now, Crazy Cat said:

@SteveInBostonI130 has a good plan.  Just be aware that once your husband files the I-130 to the stateside lockbox, DCF filing will not be possible. 

Thank you both, I contacted Montreal consulate to ask but will anticipate I-130 filing as we have no exceptional circumstances

[Crazy Cat 41,984]

Just now, gjennings said:

Thank you both, I contacted Montreal consulate to ask but will anticipate I-130 filing as we have no exceptional circumstances

Some people have succeeded with a job offer in the US for the US citizen....or other situations proving hardship.