Advance Parole Question - US Petitioner, Canadian Beneficiary

[Rocio0010 5,579]

2 minutes ago, tonyrako said:

THank you so much. To be clear, are you saying that we (I) can apply for the CR-1 and she should still be able to travel back and forth while the application is pending? 

Yep. Disregard my word on b1/b2

[tonyrako 20]

1 minute ago, ra0010 said:

Yep. Disregard my word on b1/b2

wow, this seems like good news

[powerpuff 6,712]

4 minutes ago, tonyrako said:

THank you so much. To be clear, are you saying that we (I) can apply for the CR-1 and she should still be able to travel back and forth while the application is pending? 

Keep in mind that it will be at the discretion of an immigration officer to grant her entry to the US each time she visits the US. Nobody here can 100% guarantee she’ll be able to enter every time. 

[tonyrako 20]

Just now, powerpuff said:

Keep in mind that it will be at the discretion of an immigration officer to grant her entry to the US each time she visits the US. Nobody here can 100% guarantee she’ll be able to enter every time. 

Right, I understand. Appreciate the heads up. 

[Exocet 88]

Had she stayed in the US, you could have filed for CR1 right after getting married.  However, she is now back in Canada.  So you, the American, have to apply for a spousal visa for her (CR1 visa... Unless you have been married 2 years and then it is IR1).  She has to remain in Canada while thr visa is pending.  She is allowed to visit, but it is up to the discretion of the border agents as to whether they will let her in.  If they think she is coming to stay, they can deny entry.

 

As a canadian living in the US, I went thru all of this myself!  It took 2 years for the visa to come thru for us.  I enter on an IR1, which was easier cuz then I didnt have to remove conditions.  

 

Good luck!

[Rocio0010 5,579]

7 minutes ago, Exocet said:

you could have filed for CR1 right after getting married.  However

Nope, I think you meant I-485

[tonyrako 20]

7 minutes ago, Exocet said:

Had she stayed in the US, you could have filed for CR1 right after getting married.  However, she is now back in Canada.  So you, the American, have to apply for a spousal visa for her (CR1 visa... Unless you have been married 2 years and then it is IR1).  She has to remain in Canada while thr visa is pending.  She is allowed to visit, but it is up to the discretion of the border agents as to whether they will let her in.  If they think she is coming to stay, they can deny entry.

 

As a canadian living in the US, I went thru all of this myself!  It took 2 years for the visa to come thru for us.  I enter on an IR1, which was easier cuz then I didnt have to remove conditions.  

 

Good luck!

Were you able to work in the US or did you stay in Canada?

[Rocio0010 5,579]

Just now, tonyrako said:

Were you able to work in the US or did you stay in Canada?

With either a CR1 or iR1 she’ll be able to work immediately as she gets off the plane.

[tonyrako 20]

1 minute ago, ra0010 said:

With either a CR1 or iR1 she’ll be able to work immediately as she gets off the plane.

But it takes 2 years to get that, right? 

 

[Rocio0010 5,579]

4 minutes ago, tonyrako said:

But it takes 2 years to get that, right? 

 

We can’t predict, but between 1-2 years from the moment you apply.

[tonyrako 20]

19 minutes ago, tonyrako said:

Were you able to work in the US or did you stay in Canada?

So, because she left, she gave up her right to file for the CR1 while shes here? If we had filed while she was here, could she have stayed? 

 

[Redro 4,611]

19 minutes ago, tonyrako said:

Were you able to work in the US or did you stay in Canada?

Some Canadians are able to work in the States while they wait for their CR1/IR1 visa. I believe they stay in the US on a TN visa. 

But, if you are applying for the spousal visa while your wife is in Canada she most likely won't be able to work in the USA. 

Unfortunately, you have a long wait ahead of you as Montreal is very busy. 

[Rocio0010 5,579]

5 minutes ago, tonyrako said:

So, because she left, she gave up her right to file for the CR1 while shes here? If we had filed while she was here, could she have stayed? 

 

Not to get technical, but she couldn’t have filed for CR1 while being here. CR1s are filed abroad. What she would have done is file adjustment of status through I-485 and yes, she could have stayed.

[tonyrako 20]

Just now, ra0010 said:

Not to get technical, but she couldn’t have filed for CR1 while being here. CR1s are filed abroad. What she would have done is file adjustment of status through I-485 and yes, she could have stayed.

But there is no way that option (to stay here) is valid any longer, since she went back? 

[Rocio0010 5,579]

2 minutes ago, tonyrako said:

But there is no way that option (to stay here) is valid any longer, since she went back? 

Correct. That ship has sailed unfortunately.