dual citizen married to canadian, moving to US for job

[DualMatty 3]

Just now, Crazy Cat said:

After your spouse has been a legal US resident for 3 years, she can apply for American citizenship.  

Our priority is not necessarily the long term, but the short term separation. We wouldn't mind if it's harder for us down the line / have to file more things down the line, if we could spend less time apart over the next two years. Voting and working for her is not an issue. Essentially we want to go on TN/TD equivalents... if I lost the job we would definitely return to Canada. Washington state is awesome, it'll be an amazing experience and we hope it lasts... but anyway rent is triple there, if I lost the job we would just return to Canada. Are there options in this vein?

Thanks

[SalishSea 17,829]

57 minutes ago, DualMatty said:

If she wanted to visit me where I'm living and working in Washington state, and we keep an apartment in Montreal, how much could she visit? Why couldn't we just straight up say to the border guards the situation, and she won't be working or voting, so during the 2 years of processing she could visit. And how much? Like half the time spent in Washington, half the time in Canada overall?

She cannot live in the US until she has an immigrant visa.   Visiting is discretionary, and if abused, can lead to a denial of entry.

 

She is also not permitted to work remotely while visiting the United States.

Edited July 22, 2022 by Jorgedig

[SalishSea 17,829]

2 minutes ago, DualMatty said:

Our priority is not necessarily the long term, but the short term separation. We wouldn't mind if it's harder for us down the line / have to file more things down the line, if we could spend less time apart over the next two years. Voting and working for her is not an issue. Essentially we want to go on TN/TD equivalents... if I lost the job we would definitely return to Canada. Washington state is awesome, it'll be an amazing experience and we hope it lasts... but anyway rent is triple there, if I lost the job we would just return to Canada. Are there options in this vein?

Thanks

She needs an immigrant visa to be able to live in the US.   As a citizen, you do not need a visa.

[Boiler 45,516]

Why does she not apply for a TN?

 

DCF is approved is relatively quick.

[DualMatty 3]

28 minutes ago, Boiler said:

Why does she not apply for a TN?

she's an artist. with the salary of this job, even with 2 apartments, we wouldn't need her to work

[Boiler 45,516]

5 minutes ago, DualMatty said:

she's an artist. with the salary of this job, even with 2 apartments, we wouldn't need her to work

That will not help visiting, DCF sounds the best bet.

[mushroomspore 3,044]

6 minutes ago, DualMatty said:

she's an artist. with the salary of this job, even with 2 apartments, we wouldn't need her to work

Research DCF then. I'm not an expert on that particular process so I can't advise. I only know that it is possible via the Montreal consulate and that it is rather quick if the consulate agrees to it.

[PaulaCJohnny 713]

1 hour ago, DualMatty said:

she's an artist. with the salary of this job, even with 2 apartments, we wouldn't need her to work

Immigration rules are for everyone that is not an US CITIZEN. Does matter if she live just at the corner outside of the border, if she is an artist or any other things that you want to present. The law is the law.

 

You received a lot of good answers trying to teach you about the process and you continue to ignore it.

 

Voting is something reaaaaaaally far from her so doesn’t matter if she wants to vote or not.

 

if you want to go to the CBP and find for yourself you are free to do it. They will explain to you the same but maybe they saying you will accept better.

 

Immigration is not a easy thing. A lot of Canadians are deported from here too for being living illegally. 
 

Follow the rules and you will be just fine. Love can support a immigration process. We all here are proof of that. 
 

good luck

[DualMatty 3]

ok thanks all for the input. So looks like continuing DCF as I've been doing is the best bet. I had some lawyers tell me that DCF actually takes longer, and some sites were saying you have to stay in Canada during the processing. But maybe they just mean that you have to be in Canada to be present at the consulate when required, which is obviously not an issue. Hopefully it is actually 2 months like it says on the government website, and hopefully they consider us for that process and it allows us to spend time together during it and it'll be finished much sooner. Maybe the lawyers say that DCF is not ideal because it's their bread and butter? I dunno, but I'll pray for DCF to come through.

[DualMatty 3]

4 hours ago, DualMatty said:

Is there another option other than I-130? Like a non-immigrant visa? If the best option is for me to rescind my American citizenship to get a H-1B and H-4 visa or TN&TD on our Canadian passports, that seems absurd...

I meant other than DCF, if DCF is allowed, and if she's allowed to visit during DCF, and if DCF actually takes 2 months (or not much longer). DCF feels like a hail marry because there's no way to call them, you can only email and not be sure when you'll hear back. I'll pray for DCF to come through.

 

I'm just pointing out the absurdity of this situation:  If I could magically make my American citizenship disappear, I could have already gotten the two of us visas right? TN and TD I was told  from the hiring company are 1 to 2 months. Hopefully we're only separated half the time for a few months total... that would be ok, still frustrating, but understandable.

Edited July 23, 2022 by DualMatty

[DualMatty 3]

20 minutes ago, DualMatty said:

Maybe the lawyers say that DCF is not ideal because it's their bread and butter? I dunno, but I'll pray for DCF to come through.

Cause USCIS filing is their bread and butter I mean. 
All this is pretty disorienting. I hope it works out.

[SalishSea 17,829]

OP, I strongly suggest you become an "A" student of US immigration, as many of the most seasoned here will say.  US immigration is not quick (even DCF), easy, or cheap.  You make some assumptions in your posts that are just incorrect, and that can lead to delays and extra costs.

 

Educating yourselves about the process is critical to success.

[mushroomspore 3,044]

1 hour ago, DualMatty said:

I meant other than DCF, if DCF is allowed, and if she's allowed to visit during DCF, and if DCF actually takes 2 months (or not much longer). DCF feels like a hail marry because there's no way to call them, you can only email and not be sure when you'll hear back. I'll pray for DCF to come through.

 

I'm just pointing out the absurdity of this situation:  If I could magically make my American citizenship disappear, I could have already gotten the two of us visas right? TN and TD I was told  from the hiring company are 1 to 2 months. Hopefully we're only separated half the time for a few months total... that would be ok, still frustrating, but understandable.

As Crazy Cat said in the first page and Jorgedig said above, there is nothing easy or quick about the US immigration system. No lawyer is going to encourage you to give up your US citizenship just for the sake of getting TN visas for both you and your wife. That is too permanent of a solution for a very temporary problem. And as I stated before, if separation time is this problematic for you, you have the option of just staying in Canada. Best of luck. I'm out now.

Edited July 23, 2022 by mushroomspore

[Rocio0010 5,579]

18 hours ago, DualMatty said:

Why couldn't we just straight up say to the border guards the situation, and she won't be working or voting, so during the 2 years of processing she could visit

Because how would they know that you’re telling the truth?

[Rocio0010 5,579]

14 hours ago, DualMatty said:

Hopefully it is actually 2 months like it says on the government website

As @Jorgedighas rightfully said, you need to become an A student in immigration. I’m working on putting together a package, and the intro lesson is…

DO NOT BUY THE PROCESSING TIMES POSTED BY THE GOVERNMENT.

Subtitle: they.are.#######