US citizen getting married to a Canadian citizen

[Larry2 0]

I am a US citizen and will be getting married in September in Toronto to a Canadian citizen. It seems a spousal visa is the way to go from what I have been reading  here. Do I file for her in the US or does she file for herself in Canada. How do I begin the process. 

[Crazy Cat 40,210]

Start by filing an I-130.  Here is the guide:

 

[Lil bear 3,918]

2 minutes ago, Larry2 said:

I am a US citizen and will be getting married in September in Toronto to a Canadian citizen. It seems a spousal visa is the way to go from what I have been reading  here. Do I file for her in the US or does she file for herself in Canada. How do I begin the process. 

Look at the guide on this website and in the USCIS website ( spouse CR/IR1) visa.  You take the first step by submitting I 130 which documents the relationship and hence the eligibility of your spouse to apply for an immigrant visa. When that is approved, she files the visa application and the two of you provide the required documents. Once everything is correctly submitted, she will have an interview at the US consulate in Montreal.  The Interviewing Officer determines if a visa is approved and issued. 18/12 to 2 years from start to finish 

[Larry2 0]

1 hour ago, Lil bear said:

Look at the guide on this website and in the USCIS website ( spouse CR/IR1) visa.  You take the first step by submitting I 130 which documents the relationship and hence the eligibility of your spouse to apply for an immigrant visa. When that is approved, she files the visa application and the two of you provide the required documents. Once everything is correctly submitted, she will have an interview at the US consulate in Montreal.  The Interviewing Officer determines if a visa is approved and issued. 18/12 to 2 years from start to finish 

 

 

I assume I have to wait until we get married in September to file the I 130?
Will she be able to work and live here while we wait out the 18 to 24 months?
Thank you!

[Lil bear 3,918]

16 minutes ago, Larry2 said:

I assume I have to wait until we get married in September to file the I 130?
Will she be able to work and live here while we wait out the 18 to 24 months?
Thank you!

Yes you must be married before submitting the I130. 
 

Where is the “ here “ that refers to living and working while waiting .., Canada yes .. USA  no. 

[Ryan H 3,801]

Moved from What Visa Do I Need - Family Based Immigration forum to IR-1/CR-1 Process & Procedures.

[SalishSea 17,082]

3 hours ago, Larry2 said:

 

 

I assume I have to wait until we get married in September to file the I 130?
Will she be able to work and live here while we wait out the 18 to 24 months?
Thank you!

She cannot live or work in the US without the visa.  She can visit, subject to CBP.

[Larry2 0]

CBP ?, So she could live (visit) in the US while we file but she can’t work? Thank you so much for the information you have shared so far 

[carmel34 3,545]

1 hour ago, Larry2 said:

CBP ?, So she could live (visit) in the US while we file but she can’t work? Thank you so much for the information you have shared so far 

Customs and Border Patrol.  A CBP officer at the point of entry to the US decides if she can enter and for how long for short visits during the process.  She cannot live in the US without the CR-1 visa, an immigrant visa for spouses which takes about 2 years to get from Canada.  Montreal is really backed up.  Once she immigrates with the CR-1 visa she can work immediately.  You have lots of research and reading to do about the process.  Good luck!

Edited May 12, 2022 by carmel34

[Redro 4,603]

2 hours ago, Larry2 said:

CBP ?, So she could live (visit) in the US while we file but she can’t work? Thank you so much for the information you have shared so far 

You should visit the Canada forum to read experiences of visiting during the process. 

Canadians are allowed to stay up to 6 months but sometimes if they visit too often/ return too quickly after a 6 month trip they could be turned away. 

Try to avoid using the word "live". Your partner is allowed to visit you. They are not allowed to live in the US. 

 

 

Edited May 12, 2022 by ROK2USA

[Chocobo 196]

Provided she can produce documentation showing strong ties to Canada, it shouldn't be a problem for her to come visit for up to 6 months.  (My now husband, then fiancé, was able to be admitted even with saying that he was coming here for the birth of our son.)  😊  Having a return ticket in hand can help!

 

Make sure she is familiar with Canadian law on how much time she needs to reside in Canada to retain her health benefits.  

[S9471 60]

24 minutes ago, Chocobo said:

come visit for up to 6 months

I'd say "visits" should be for a week or maybe slightly more, but not get into the 'months' territory - that can be seen as 'living' in the US, and you can reduce your chances of future visits while the visa is processing....

[Ksamwise20 4]

11 hours ago, carmel34 said:

Customs and Border Patrol.  A CBP officer at the point of entry to the US decides if she can enter and for how long for short visits during the process.  She cannot live in the US without the CR-1 visa, an immigrant visa for spouses which takes about 2 years to get from Canada.  Montreal is really backed up.  Once she immigrates with the CR-1 visa she can work immediately.  You have lots of research and reading to do about the process.  Good luck!

The good news through the Canada forum is that apparently the backlog is being quickly cleared and most people get an interview date ~2 months from DQ!

 

Quote

As of May 3, 2022, most Immediate Relative and fiancé(e) visa cases being scheduled for interview in Montreal were documentarily complete at the National Visa Center in March 2022. - https://ca.usembassy.gov/embassy-consulates/consular-operations-updates/