Canadian moving in US

[Mandarine 0]

Hello there. I'm glad I found this place but I am not sure if I post in the right place.

 

I am married to an American since 2014 he has permanent residency in Quebec. Before Holiday we went in vacation in US he had a job opportunity and we decided to stay there. There is more benefit for us to stay there than coming back in canada. 

What is the process for immigration? Requirement...

[Boiler 46,061]

I would start by reading the guides, See the blue bar above,

[Mandarine 0]

39 minutes ago, Boiler said:

I would start by reading the guides, See the blue bar above,

Which one is better K3 or CR-1? Once we filed one or the other can I come back in Canada to visit my family during the process? As I can see the CR-1 is the best in our case but not so sure. I am already in US and since my husband found a job here.

 

 

Is anyone here can share their experience of starting papers while in US to be permanent resident? 

[Boiler 46,061]

I assumed you are looking to stay and adjust status, You will not be able to leave and come back without AP which takes about 8 months

[Mandarine 0]

1 minute ago, Boiler said:

I assumed you are looking to stay and adjust status, You will not be able to leave and come back without AP which takes about 8 months

We went there for vacation, Holliday... I was just visiting for 3 weeks like I do often in the past years, he is US citizen. So, I just don't know what to do or where to start because we are not coming back except him to get our stuff. We sent a letter to our job we are quitting. So what would be your recommendation, the steps to do legally? 

[Boiler 46,061]

You are not going back, so the only option is to stay and file to  adjust status,

[Ontarkie 14,446]

If you go back now you will need your job back and a place to live. It will take anywhere from 18 months to 2 yrs before you will be allowed to move. 

It is completely legal for you to stay and adjust your status as your plans changed while you were visiting the US. Now stay and get the ball rolling.  Yes you won't be able leave not even to get your stuff without AP. As Boiler stated it will take about 8 months for that to come in. Let your husband go pack up while you stay put.

Edited February 21, 2022 by Ontarkie

[Ontarkie 14,446]

~~Thread moved to AOS from Work, Student and Tourist Visa, from the Canada forum - as the OP is already in the US and will be following this path.~~

[Mandarine 0]

2 minutes ago, Ontarkie said:

If you go back now you will need your job back and a place to live. It will take anywhere from 18 months to 2 yrs before you will be allowed to move. 

It is completely legal for you to stay and adjust your status as your plans changed while you were visiting the US. Now stay and get the ball rolling.  Yes you won't be able leave not even to get your stuff without AP. As Boiler stated it will take about 8 months for that to come in. 

Well, the new job my husband got in US is much better than the one he had in Canada so we decided to stay in US. For now I am visiting and I think I can stay for 6 months. The things to do soon would be to change my status visitor for like CR-1?

What is the AP?

My husband can come back to get our stuff he's permanent resident of canada. 

[Boiler 46,061]

CR1 is an immigrant visa, you said you did not want to go back.

 

AP is advanced parole

[Ontarkie 14,446]

19 minutes ago, Mandarine said:

Well, the new job my husband got in US is much better than the one he had in Canada so we decided to stay in US. For now I am visiting and I think I can stay for 6 months. The things to do soon would be to change my status visitor for like CR-1?

What is the AP?

My husband can come back to get our stuff he's permanent resident of canada. 

 You said you both sent letters to quit. That pretty much would mean you want to stay in the US. You would not be filing for a CR1 as that is a visa to enter the US. You are already here so you would be adjusting your status to stay. Yes from visitor visa to adjustment of status (AOS). Doing  it this way will allow you to stay in the US do the whole process from inside the US without the need to go back to Canada when your done visiting.  AP is advance parole, it will allow you to go to Canada without starting the process over. If you left without AP would would be pretty much stuck in Canada to finish out the process. 

 

Go to the guides section at the top of the page and look for the adjustment from tourist visa. Start reading to understand the steps, the sooner you get the forms filled and sent in the better. As it does take time. 

[igoyougoduke 1,675]

11 hours ago, Mandarine said:

Well, the new job my husband got in US is much better than the one he had in Canada so we decided to stay in US. For now I am visiting and I think I can stay for 6 months. The things to do soon would be to change my status visitor for like CR-1?

What is the AP?

My husband can come back to get our stuff he's permanent resident of canada. 

 to elaborate.

 

There are two ways for you to permanently moves to united states.  You cannot switch just like that like flip a button and you can stay in US

 

1) if you choose to stay in US for 1-2 years without leaving US  than you file CR1 visa with adjustment of status (i-485). when adjustment of status is filed you cannot leave the country. In order for people to travel abroad there is a card called advance parole which allows you to leave the country and return back without losing your i-485. advance parole card can be applied while filing i-485 adjustment of status  In general if you leave the country with out an approved Advance parole from uscis your i-485 is considered abandoned and you cannot re enter the country. advance parole takes anywhere from 8 months to 2 years for approval. 

 

2) if you think you have to go to canada for some reason, you opt CR1 for consular processing. you can leave the country but you cannot come to USA for 1-2 years until CR1 is approved and immigrant visa is issued. once you arrive with CR1. visa on US border, you are a permanent resident.  In the mean time you can come and visit your husband during the whole process. every entry is decided by CBP but your ties to canada are pretty much none at this point so you can be denied entry 

Edited February 21, 2022 by igoyougoduke

[WeekendPizzaiolo 47]

14 hours ago, Mandarine said:

Which one is better K3 or CR-1?

K-3: rarely issued, adds complexities

CR-1: conditional 2-year US green card for those married less than 2 years. This requires a Removal of Conditions (ROC) process later down the road.

IR-1: 10 year green card for those married at least 2 years

 

Since you have been married at least 8 years to your US citizen spouse, CR-1 is ruled out. IR-1 is better than CR-1.