IR-1 from Canada, looking to confirm steps

[philharmonic 0]

Hi Folks,

 

We are looking to move closer to my wife's family in the US, and I just wanted to make sure we've got our ducks in a row, so to speak.

 

I'm a Canadian, married to a US dual citizen, living in Canada. We've been married for 10 years and have two kids. The kids do not have US citizenship.

 

Steps:

 

File a I-130 and I-130a.

File 2 Consular Report of Birth Abroad (CRBA) Form DS-2029 for the kids.

 

Questions:

 

Are the steps listed on this VJ link still valid? They talk only about mailing a package in, and not applying online. Do I have it right that you can submit the application online, but additional materials are then needed to be mailed in (original documents, etc.)? 

 

My wife hasn't done her US taxes in a while, so we'll be doing those at the same time. I understand that this has no bearing on filing I-130, and is only important for IR-1 approval?

 

My wife has no US income at the moment, though due to the nature of her business, she will continue to make CAD when we move. Is this enough to satisfy the sponsorship requirement, or do we need to get another sponsor?

 

If for some reason, we decide to visit the US and stay (both of our jobs are entirely online), can I apply for adjustment of status and file I-485 from inside the US?

 

Many thanks in advance to everyone here.

Edited February 6, 2022 by philharmonic

[SalishSea 17,829]

1 hour ago, philharmonic said:

Hi Folks,

 

We are looking to move closer to my wife's family in the US, and I just wanted to make sure we've got our ducks in a row, so to speak.

 

I'm a Canadian, married to a US dual citizen, living in Canada. We've been married for 10 years and have two kids. The kids do not have US citizenship.  If your wife qualifies to pass along US citizenship, then the kids are indeed US citizens.  The CRBA/passport are the correct steps to take.

 

Steps:

 

File a I-130 and I-130a.

File 2 Consular Report of Birth Abroad (CRBA) Form DS-2029 for the kids.

 

Questions:

 

Are the steps listed on this VJ link still valid? They talk only about mailing a package in, and not applying online. Do I have it right that you can submit the application online, but additional materials are then needed to be mailed in (original documents, etc.)?   I believe this is still correct.  I recommend using the USCIS published instructions/check list that accompany the form.

 

My wife hasn't done her US taxes in a while, so we'll be doing those at the same time. I understand that this has no bearing on filing I-130, and is only important for IR-1 approval?  Correct.

 

My wife has no US income at the moment, though due to the nature of her business, she will continue to make CAD when we move. Is this enough to satisfy the sponsorship requirement, or do we need to get another sponsor?  If the income will continue, it may be used.  Montreal is a stickler for domicile though, so you will want to read up on that.

 

If for some reason, we decide to visit the US and stay (both of our jobs are entirely online), can I apply for adjustment of status and file I-485 from inside the US?  No.  This is 100% illegal and is immigration fraud.  As a Canadian, you are not permitted to work, even remotely, while visiting the US.  You will need the green card to do that.

 

Many thanks in advance to everyone here.

 

[philharmonic 0]

@Jorgedig, thank you for your response. 
 

in regards to the adjustment of status, the work question aside, am I able to “convert” an IR-1 application to a I-485 if we decide to not wait for the IR-1 to go through? We would move to the US and rely on my wife’s income alone. 

[Boiler 45,516]

20 minutes ago, philharmonic said:

@Jorgedig, thank you for your response. 
 

in regards to the adjustment of status, the work question aside, am I able to “convert” an IR-1 application to a I-485 if we decide to not wait for the IR-1 to go through? We would move to the US and rely on my wife’s income alone. 

As was said above no. You need an immigrant visa to immigrate.

[SalishSea 17,829]

4 hours ago, philharmonic said:

@Jorgedig, thank you for your response. 
 

in regards to the adjustment of status, the work question aside, am I able to “convert” an IR-1 application to a I-485 if we decide to not wait for the IR-1 to go through? We would move to the US and rely on my wife’s income alone. 

No.  You cannot circumvent the queue by doing that.  It is immigration fraud.  

[philharmonic 0]

7 hours ago, Boiler said:

As was said above no. You need an immigrant visa to immigrate.

Thank you for your response. 
 

3 hours ago, Jorgedig said:

No.  You cannot circumvent the queue by doing that.  It is immigration fraud.  

Got it. I’m misrepresenting my entry in to the US, if I intend to file a 485. Makes total sense. 
 

Can I enter the US as a tourist (and come back to Canada) while my CR-1 is in process? We’ve got lots of family and visit often. Thanks again. 🙏 

[Boiler 45,516]

It should not have much of an impact on your regular visits.

[SalishSea 17,829]

4 hours ago, philharmonic said:

Thank you for your response. 
 

Got it. I’m misrepresenting my entry in to the US, if I intend to file a 485. Makes total sense. 
 

Can I enter the US as a tourist (and come back to Canada) while my CR-1 is in process? We’ve got lots of family and visit often. Thanks again. 🙏 

Yes.  Show ties to Canada when you seek admission at the border.  Do not arrive with a U-Haul of furniture.  Do things the legal way.

[philharmonic 0]

Thank you.

 

My wife is filling out the I-130 now.

 

At the What was the beneficiary's class of admission question, we put in B2 - Temporary Visitor For Pleasure, but then it asks for my Form I-94 Arrival-Departure Record number and beneficiary's date of arrival and deoarture. I found the info on the CBP website, but the data is quite outdated:

 

Most Recent Date of Entry: 

2019 December 23

Class of Admission : 

B2 

Admit Until Date :

06/22/2020

 

This whole section sounds like it should be filled in by someone already in the United States and pursuing a different immigration path.

 

Thoughts?
 

Edited February 7, 2022 by philharmonic

[cdndesro 44]

7 hours ago, philharmonic said:

Thank you.

 

My wife is filling out the I-130 now.

 

At the What was the beneficiary's class of admission question, we put in B2 - Temporary Visitor For Pleasure, but then it asks for my Form I-94 Arrival-Departure Record number and beneficiary's date of arrival and deoarture. I found the info on the CBP website, but the data is quite outdated:

 

Most Recent Date of Entry: 

2019 December 23

Class of Admission : 

B2 

Admit Until Date :

06/22/2020

 

This whole section sounds like it should be filled in by someone already in the United States and pursuing a different immigration path.

 

Thoughts?
 

If you are referring to questions 46a-46d, it says “if the beneficiary is currently in the United States”. Doesn’t apply to you if you are in Canada. 
 

Also, reading your original questions, when you file online all of your evidence is filed electronically, not mailed in. We didn’t ever send a physical item at any point during the process. If you get a RFE then I believe you will mail those items, otherwise only at the interview will you need physical originals of certain documents. 

[philharmonic 0]

Thank you for everyone's answers.

 

We have completed the I-130 and I-130a.

 

The (hopefully) last question I had was in regards to the "Additional proof of marriage" section in Evidence. We've already attached our marriage license in a different section.

 

We have attached, both of our children's birth certificates listing us as parents, our last joint bank account statement, as well as our last mortgage statement. All documents listing both of us. We've been married for 10 years. Is this enough? Do we need to also secure affidavits from people that know us, photos of us travelling together, etc? I think what we've submitted should suffice, but just wanted to double-check.

 

Thank you!