Advance Parole Question - US Petitioner, Canadian Beneficiary

[tonyrako 20]

My wife is in Canada and I am a US Citizen. We married in the US in September. At that time she had a student visa but it has expired and she is back in Canada. We would like to apply for residency for her here in the US but are unsure what is the best way to do it. She currently has no status here. One of our big questions is, if she comes here and we apply for residency, is she permitted to go back and forth to Canada or does she have to stay here until approved? 

[Rocio0010 5,579]

Since you’re already married, the only way to do it is through CR1. Check the guidelines on VJ. You’re looking at 1-2 years until she becomes a resident, but the advantage is that, once the CR1 is approved and she flies into the US, she’d be granted residency and be able to work, and travel internationally with little restrictions. So there’s no adjustment of status. One piece of advice that I can give you is to start comingling finances if you haven’t done so yet.
Two years minus 90 days from the expiration date of her green card, she would have to file for ROC. 

[tonyrako 20]

Wow, thank you so much for responding so quickly. A friend of mine turned me on to this site and I'm finding it helpful already. What is VJ? How long does it take to get CR-1 approval? I'm honestly not even sure what CR-1 is. 

[Rocio0010 5,579]

Just now, tonyrako said:

Wow, thank you so much for responding so quickly. A friend of mine turned me on to this site and I'm finding it helpful already. What is VJ? How long does it take to get CR-1 approval? I'm honestly not even sure what CR-1 is. 

No problem ☺️.

VJ is the short for Visajourney. If you go to the home page, there are immigration guidelines on the menu. I’ll see if I can post the link for the CR1 guides. I suggest you spend some time sitting and reading all the forms and instructions. This is totally DIY if your case is straightforward (no previous arrests, misrepresentation, denials, etc).

CR stands for “conditional resident”. If you’re married for less than two years when her green card is approved, she will get CR status (conditional resident status) and will have to file for Removal of conditions. Conversely, if you’ve been married for more than two years at the time of approval she’ll get IR status - not sure what the “I” stands for tbh) and she will not have to file for ROC.

From what I’ve seen here, the whole process is taking about 1-2 years. I’ve also read that the Montreal consulate is really backlogged.

[tonyrako 20]

I'm reading about the CR-1, and see the below. Can some one please explain? Does it mean that I need to apply for the CR-1 and she must stay there until approved? 

 

Minuses
 

 Separation from family may be longer than if filing for a K-3 Visa (or K-1 visa for a non-married fiance). The applicant will most likely not be able to enter the US while their IR1-CR-1 Visa is being processed.

[Rocio0010 5,579]

Just now, tonyrako said:

I'm reading about the CR-1, and see the below. Can some one please explain? Does it mean that I need to apply for the CR-1 and she must stay there until approved? 

 

Minuses
 

 Separation from family may be longer than if filing for a K-3 Visa (or K-1 visa for a non-married fiance). The applicant will most likely not be able to enter the US while their IR1-CR-1 Visa is being processed.

Yes and no. She can come and visit on a tourist visa while it is being processed. She won’t be able to stay here and wait it out. 
The tricky thing is that, to get a tourist visa, she has to show strong ties to Canada and that sort of contradicts the fact that she’s trying to move here. However, it can be done and I’ve seen tons of cases here with the same scenario:

[tonyrako 20]

Ok, I should have mentioned that she is pregnant and therefore it is very important to each of us that we can both go back and forth. Does that change anything? 

 

Thank you again, I really appreciate the info. 

[Rocio0010 5,579]

3 minutes ago, tonyrako said:

I'm reading about the CR-1, and see the below. Can some one please explain? Does it mean that I need to apply for the CR-1 and she must stay there until approved? 

 

Minuses
 

 Separation from family may be longer than if filing for a K-3 Visa (or K-1 visa for a non-married fiance). The applicant will most likely not be able to enter the US while their IR1-CR-1 Visa is being processed.

Don’t even entertain the idea of a K3. 1) they’re for unmarried people, and 2) they’re obsolete 

[Rocio0010 5,579]

Just now, tonyrako said:

Ok, I should have mentioned that she is pregnant and therefore it is very important to each of us that we can both go back and forth. Does that change anything? 

 

Thank you again, I really appreciate the info. 

Congrats! I don’t think it changes anything other than adding evidence of the relationship. I don’t know if you can expedite a CR1.

Maybe it adds an extra layer of scrutiny because authorities might think she’s coming to have the baby and overstay. But I’m not really sure on that one. One good thing is that Canada is not a high fraud country.

[tonyrako 20]

2 minutes ago, ra0010 said:

Don’t even entertain the idea of a K3. 1) they’re for unmarried people, and 2) they’re obsolete 

I wasn't really entertaining the thought of k3, I was just worried that she may have to stay in canada the whole time after we apply. 

[tonyrako 20]

2 minutes ago, ra0010 said:

Congrats! I don’t think it changes anything other than adding evidence of the relationship. I don’t know if you can expedite a CR1.

Maybe it adds an extra layer of scrutiny because authorities might think she’s coming to have the baby and overstay. But I’m not really sure on that one. One good thing is that Canada is not a high fraud country.

I guess my question is _ Do I apply for the CR-1 right away? If so, will she be permitted to travel back and forth to the US while the CR-1 is being processed? And what about when baby is born? 

[Rocio0010 5,579]

2 minutes ago, tonyrako said:

Do I apply for the CR-1 right away?

Yep.

2 minutes ago, tonyrako said:

will she be permitted to travel back and forth to the US while the CR-1 is being processed?

If she applies for a B1/B2 visa and is approved, yes

 

3 minutes ago, tonyrako said:

And what about when baby is born? 

Is she planning on delivering in Canada or here? Either way it’s the same, she has to get a tourist visa..

[Redro 4,611]

2 minutes ago, tonyrako said:

I guess my question is _ Do I apply for the CR-1 right away? If so, will she be permitted to travel back and forth to the US while the CR-1 is being processed? And what about when baby is born? 

You'll have to get the baby US citizenship after it is born. (CRBA) 

https://www.visajourney.com/forums/forum/154-consular-reports-of-birth-abroad-crba/

 

Having a baby might complicate matters. I would ask questions in the Canada forum to hear experiences about visiting during the process. 

https://www.visajourney.com/forums/forum/93-canada/

[tonyrako 20]

4 minutes ago, ra0010 said:

Yep.

If she applies for a B1/B2 visa and is approved, yes

 

Is she planning on delivering in Canada or here? Either way it’s the same, she has to get a tourist visa..

I'm not seeing what a b1/b2 is? 

[tonyrako 20]

3 minutes ago, Kor2USA said:

You'll have to get the baby US citizenship after it is born. (CRBA) 

https://www.visajourney.com/forums/forum/154-consular-reports-of-birth-abroad-crba/

 

Having a baby might complicate matters. I would ask questions in the Canada forum to hear experiences about visiting during the process. 

https://www.visajourney.com/forums/forum/93-canada/

Ok, I thought baby would automatically have US Citizenship based on me being the father? 

I will ask in the Canadian forum as well. Thank you!