CR-1 Visa for Canadian husband. I have a unique situation. Please read below and help!

[Savannah1988 0]

So I have a unique situation here. I’m an American who applied for my husband for a US green card. We got married around 2018, and soon after I moved to Canada with him. It was just too much for us to live apart as newlyweds. When the application came along, we put my mother as a joint sponsor on I-864. I don’t have any income in the states but I’ve kept my phone number, my bank accounts and I’ve been filing my taxes every year since 2018. I did get my Canadian PR here though because I was tired of staying home and wanted to get a job. But we DO NOT want to live in Canada at all. 
 

Now my question is, how much of a chance of approval do we have to get my husband his visa? I know I’m supposed to be domiciled in the states while I wait this out. How is my husband supposed to answer all the consular officers questions at the interview when they ask ‘why isn’t your wife working’ or ‘why is she in Canada.’ We just couldn’t stay apart and I hope they understand that. We are still waiting for an interview. He was DQ’d early January of 2022. Wonder how long till the interview is. 

Edited March 7, 2022 by Savannah1988

[pushbrk 12,898]

17 minutes ago, Savannah1988 said:

So I have a unique situation here. I’m an American who applied for my husband for a US green card. We got married around 2018, and soon after I moved to Canada with him. It was just too much for us to live apart as newlyweds. When the application came along, we put my mother as a joint sponsor on I-864. I don’t have any income in the states but I’ve kept my phone number, my bank accounts and I’ve been filing my taxes every year since 2018. I did get my Canadian PR here though because I was tired of staying home and wanted to get a job. But we DO NOT want to live in Canada at all. 
 

Now my question is, how much of a chance of approval do we have to get my husband his visa? I know I’m supposed to be domiciled in the states while I wait this out. How is my husband supposed to answer all the consular officers questions at the interview when they ask ‘why isn’t your wife working’ or ‘why is she in Canada.’ We just couldn’t stay apart and I hope they understand that. We are still waiting for an interview. He was DQ’d early January of 2022. Wonder how long till the interview is. 

He is supposed to answer truthfully.  Your mission is to make whatever adjustments to your life and plans are necessary for those truthful answers to be successful.  Generally, concrete actions like finding a job, and/or signing an apartment lease will do.  Sometimes it's enough to just clearly state your actual plan in writing when you submit the affidavits of support from yourself and your joint sponsor.

 

Note that you did not apply for a green card for your husband.  You filed a petition.  The approved petition opens the door for your husband to apply for a spouse visa (CR1 or IR1 depending on how long you've been married).  The green card is sent only AFTER the visa is issued, the new immigrant fee is paid, AND the spouse enters the US using the visa.

[mam521 2,063]

Hey, you may want to start by filling you your timeline: https://www.visajourney.com/timeline/profile.php?id=414980

 

In my signature, you’ll see a link to a tracking spreadsheet and a link to FAQ’s. These pertain mostly to people who’ve made it past the USCIS portion and are onto NVC and are waiting for their interviews. 
 

Any question a CO asks must be answered honestly. Don’t lie and don’t make up stories. 
 

Montreal is a tough consulate and you will have to make plans to demonstrate domicile in the US. It may mean that you have to move back before your husband’s interview or, at the very least, have a lease agreement and a job lined up. You need stronger ties to demonstrate you intend to move. The responsibility is on you and your husband to demonstrate evidence and convince them. Remember, you’re no different to anyone else who are newly married and want to be together, hence why there are tons of couples going through the same process. 

[mushroomspore 3,044]

23 minutes ago, Savannah1988 said:

So I have a unique situation here. I’m an American who applied for my husband for a US green card. We got married around 2018, and soon after I moved to Canada with him. It was just too much for us to live apart as newlyweds. When the application came along, we put my mother as a joint sponsor on I-864. I don’t have any income in the states but I’ve kept my phone number, my bank accounts and I’ve been filing my taxes every year since 2018. I did get my Canadian PR here though because I was tired of staying home and wanted to get a job. But we DO NOT want to live in Canada at all. 
 

Now my question is, how much of a chance of approval do we have to get my husband his visa? I know I’m supposed to be domiciled in the states while I wait this out. How is my husband supposed to answer all the consular officers questions at the interview when they ask ‘why isn’t your wife working’ or ‘why is she in Canada.’ We just couldn’t stay apart and I hope they understand that. We are still waiting for an interview. He was DQ’d early January of 2022. Wonder how long till the interview is. 

Your situation actually is not unique and you're kinda overthinking it. Your husband's visa won't be denied on the fact that you have been with him in Canada and are a Canadian PR. My understanding is that the Montreal consulate is somewhat strict about US domicile. In most of the thread I've seen posted by Canadian-American couples, the American spouse is generally advised to move back to the US ahead of their Canadian spouse to establish domicile to the Montreal consulate. You don't have to move right now but you also will need to give yourself enough time to establish a US address and a job (if possible). The Montreal consulate also sees filing US taxes as contributing to establishing US domicile.

 

And obviously your husband should answer all questions truthfully. They actually won't really care that you've been in Canada this whole time. They will care whether or not you are in the US and doing what you can to establish US domicile.

 

See this thread as well: