dual citizen married to canadian, moving to US for job

[Loren Y 2,755]

19 hours ago, DualMatty said:

If the best option is for me to rescind my American citizenship

Let me tell you about that nightmare if you want to do it. I have been researching the process of renouncing US citizenship for well over a year, because I plan to have nothing to do with the US as soon as my Thai citizenship is complete. They just raised the cost from like 400 dollars to 2350 ( See below) and it takes at the minimum a year to get it done if you are lucky, has been taking 18 months or more, and then they access a fee to finally do it based on how much money they think they will lose from you in taxes. If you are retired and over 65 they usually let you slide on this, but my friend who was 38 at the time I think they tried to hit him up for like 75,000 dollars. Simply boggles the mind. And everyone else in the world thinks is so great to be a US citizen..... Until they live it.

$2,350

 

The fee to renounce is expensive.

You'll be charged $2,350 to give up your U.S. citizenship. This payment cannot be waived. Furthermore, if you qualify as a “covered expatriate,” you may have to pay an exit fee on gains from worldwide assets.

 

Edited July 23, 2022 by Loren Y

[Dashinka 24,491]

18 hours 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.

Personally I would focus on DCF as the need to relocate for a job seems to be the most common “exceptional circumstances” that is accepted.  Make sure you get all your ducks in a row, when does your job start, when do you need to relocate ( not necessarily the same date), what will the living arrangements in the US, etc.  Of course since you aren’t married yet that is the first step.  Also note that you need to exhaust this path (DCF) first as if you file the I130 with USCIS then DCF will no longer be an option.

 

I found these fairly recent threads that may be helpful.  Good Luck!

 

 

  

[Redro 4,611]

On 7/23/2022 at 5:42 AM, DualMatty said:

I'm an American citizen (and Canadian citizen), who's lived in Canada 34 out of my 36 years. I'm currently living in Montreal with my fiancée, we'll be married next month here in Canada. She's just a Canadian citizen, not American. We've been together for 2+ years and lived together for 1 1/2 years. 

 

I received an amazing job offer, my dream job, to start in Washington state in September. We want to be able to live together, that's the main priority. She doesn't need to work, or vote, but it'd be a bonus if that were possible.  Apparently if I were Canadian-only it'd be pretty easy for the job to give me a visa that allows her to get an attached visa. It seems it should be easier if I'm dual... What are our options?

 

I already messaged the consulate here in Montreal about Direct Consular Filing of I-130. That could branch out to a CR1 or a K3, either way works. Haven't heard back yet, but it's just been a week. According to their website, they can process it there and it takes 2 months. But someone else told us it may be longer. Either way, that may work out, but is it true that she would have to stay in Canada during the whole processing, which may take longer than 2 months?

 

Another option that we've looked at is to file I-130 with the USCIS, again for either a CR1 or K3. If we do that, is she allowed to visit me during the processing? We've heard the processing is over 10 months, up to 14. Can she come and go? We could maintain an apartment in Montreal, and she has family in BC.

 

Is it an option to just not get a visa at first? And we could cross the border and return if ever she's there 6 months, until we figure out what to file for? We just don't want her to get stuck in Canada for months. If she gets stuck in the states, for months that's not great either since her family is in BC. She wouldn't be working... or voting... and this job I'm going for is in the national interest... and of course economic interest. Is there some precedent to be able to come and go through the border in this situation?

 

Thank you!

If being separated for more than 2-6 months at a time is too much for you. Don't take the job offer. Sounds like you have a great life in Canada so don't mess with moving to the States. 

 

 

[Dawgydawgworld 20]

On 7/22/2022 at 3:55 PM, Crazy Cat said:

A spousal visa filed with USCIS will take about 2 years.  That 10 to 14 months is just for the USCIS part of the process.  She can visit the US during the process at the discretion of CBP.  EVERY entry is at the sole discretion of CBP at the US border.  DCF would be a good option if the consulate in Montral agrees..... Step 1 is to marry.  Good Luck.

I have my interview August 1st. We filed my I-130 May 28/21, so about 14 months altogether. A lot of others I follow and communicate with on Facebook immigration pages have been a few months less than me, so 2 years is not the norm. 12-15 months is typical timeframe for Canadians currently. 

[Dawgydawgworld 20]

We filed CR1 spousal (I-130) last May 2021, and I have my interview August 1st, so took about 14 months altogether and we did it ourselves with no lawyer. I also have been able to go back and forth and visit my hubby throughout the whole process with no issues. I’m currently visiting him now for a 9 day Stint, before heading to Montreal for my interview..

[DualMatty 3]

On 7/23/2022 at 9:03 PM, ROK2USA said:

If being separated for more than 2-6 months at a time is too much for you. Don't take the job offer. Sounds like you have a great life in Canada so don't mess with moving to the States. 

 

 

This job is a great opportunity, luckily my spouse is willing to go into this process, she’s got family in BC across the border, and we can keep our apartment in Montreal near a bunch of friends and the consulate (praying for that DCF!!). She’s ok going back and forth a lot. 
 

Kinda glad that rescinding citizenship isnt practical , If it were the fastest way I’d do it, but also I do feel American and would like to keep it. I just wish there were a visa type for this - like a visa tied to a new job of a US citizen for spouses if the USC has been living abroad for more than a certain amount of time. I mean don’t they want us back? I am really looking forward to living in Washington. The snow boarding , the lifestyle , I often feel more at home there than in Quebec, and my French is good even. If that type of visa existed itd help incentivize Americans to move back. Or at least jt wouldn’t block us from doing so.

 

Thanks for everyone’s input so far. Hearing others experience in similar situations is the most helpful. We want to do this “the right way” - we heard about adjustment of status but it seems scary. I’m a Jew so I have an innate residual fear of “having my papers in order” at border crossings. But I also feel like when we come and go, the border guards will be ok as long as we’re not truly abusing it.

 

[DualMatty 3]

On 7/23/2022 at 4:10 PM, Dashinka said:

Personally I would focus on DCF as the need to relocate for a job seems to be the most common “exceptional circumstances” that is accepted.  Make sure you get all your ducks in a row, when does your job start, when do you need to relocate ( not necessarily the same date), what will the living arrangements in the US, etc.  Of course since you aren’t married yet that is the first step.  Also note that you need to exhaust this path (DCF) first as if you file the I130 with USCIS then DCF will no longer be an option.

 

I found these fairly recent threads that may be helpful.  Good Luck!

 

 

  

Thanks that’s super helpful. This “domicile” thing is new to me  and still confusing. I think we’re in the right space , but I need to look into it more.

can anyone give a quick summary of what domicile requirements are for dcf?

thanks

[DualMatty 3]

On 7/22/2022 at 6:23 PM, 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

I’ve read mostly about K3 and how that can be a bit faster (like a month or two). Is k1 still a thing? Has anybody done these K visas over CR/IR for this purpose, to save a couple months ?

[DualMatty 3]

On 7/23/2022 at 11:59 AM, Rocio0010 said:

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

We’ll be at the border with the job offer , our lease in Montreal , our 3 passports , our Canadian drivers licenses , job records, school records , etc 

[Rocio0010 5,579]

6 minutes ago, DualMatty said:

with the job offer

Having a job offer in the US actually shows immigrant intent, so why would they believe that she doesn't have immigrant intent?

7 minutes ago, DualMatty said:

our lease in Montreal

If she wants to apply for a tourist visa, just having a lease in her home country is not enough. Especially with her job situation. 

8 minutes ago, DualMatty said:

our 3 passports

Yeah, you'll need those for a B1 B2 visa, but they don't prove strong ties.

9 minutes ago, DualMatty said:

our Canadian drivers licenses

Not a strong tie either.

9 minutes ago, DualMatty said:

job records, school records

Probably good for a B1 B2.

 

Paging @Crazy Cat for his (extremely) useful comparison of K1 vs CR1

 

You've been given toons of answers. You still insist on getting it your own way. At this point, since no answer here is convincing enough, I would strongly advise you to hire an attorney. 

14 minutes ago, DualMatty said:

I’ve read mostly about K3 and how that can be a bit faster (like a month or two). Is k1 still a thing? Has anybody done these K visas over CR/IR for this purpose, to save a couple months ?

K3s are dead and a waste of money. The choice is between K1 and CR1

[Dashinka 24,491]

20 minutes ago, DualMatty said:

Thanks that’s super helpful. This “domicile” thing is new to me  and still confusing. I think we’re in the right space , but I need to look into it more.

can anyone give a quick summary of what domicile requirements are for dcf?

thanks

Things like a lease agreement on an apartment, US based bank account(s), up-to-date US tax filings, etc.  Keep in mind the consulate in Canada will most likely not answer any questions related to DCF until you are actually able to potentially request that they accept the I130.

[Dashinka 24,491]

17 minutes ago, DualMatty said:

I’ve read mostly about K3 and how that can be a bit faster (like a month or two). Is k1 still a thing? Has anybody done these K visas over CR/IR for this purpose, to save a couple months ?

The K3 is essentially a dead visa, but a year or so ago, some folks with a filed I130 with USCIS also filed the I129 for a potential K3.  There was some anecdotal reports of it speeding up the I130, but YMMV.  K1 is for a fiancé with the plan to enter the US and get married in the US and adjust status.  There are pros and cons to both the K1 and CR1/IR1, most members here will recommend the CR1/IR1 route as it results in an immediate green card upon entry to the US with the spousal visa and does not require the added cost and time of adjusting status.  Prior to COVID, the K1 was moving a bit faster overall, but a lot of that advantage has gone away due to consulate backlogs, and consulate priorities. 

[Crazy Cat 41,842]

40 minutes ago, Rocio0010 said:

Paging @Crazy Cat for his (extremely) useful comparison of K1 vs CR1

Every couple has their own priorities, and each couple must decide which visa is better for their situation.

K-1        
    More expensive than CR-1    
    Requires Adjustment of Status after marriage (expensive and requires a lot of paperwork)    
    Spouse can not leave the US until she/he receives approved Advance Parole (approx 6-8 months)    
    Spouse can not work until she/he receives EAD (approx 6-8 months)    
    Some people have had problems with driver licenses, Social Security cards, leases, bank account during this period    
    Spouse will not receive Green Card for many months after Adjustment of Status is filed.
    A K-1 might be a better choice when 18-21 year old children are immigrating also
    In some situations, marriage can affect certain Home country benefits, making a K-1 a better choice   
    A denied K-1 is sent back to USCIS to expire
    

CR-1
    Less expensive than K-1    
    No Adjustment of Status(I-485, I-131, I-765) required.    
    Spouse can immediately travel outside the US    
    Spouse is authorized to work immediately upon arrival.    
    Spouse receives Social Security Card and Green Card within 2 or 3 weeks after entering the US    
    Opening a bank account, getting a driver's license, etc. are very easily accomplished with GC, SS card, and passport.
    Spouse has legal permanent Resident status IMMEDIATELY upon entry to US.
   

 

[mushroomspore 3,044]

55 minutes ago, Rocio0010 said:

Having a job offer in the US actually shows immigrant intent, so why would they believe that she doesn't have immigrant intent?

If she wants to apply for a tourist visa, just having a lease in her home country is not enough. Especially with her job situation. 

Yeah, you'll need those for a B1 B2 visa, but they don't prove strong ties.

Not a strong tie either.

Probably good for a B1 B2.

 

Paging @Crazy Cat for his (extremely) useful comparison of K1 vs CR1

 

You've been given toons of answers. You still insist on getting it your own way. At this point, since no answer here is convincing enough, I would strongly advise you to hire an attorney. 

K3s are dead and a waste of money. The choice is between K1 and CR1

OP's wife is Canadian. She doesn't need to apply for B1/B2 just to visit. She'd only need one if CBP eventually tells her to get one, which would probably happen due to visiting too much.

 

1 hour ago, DualMatty said:

We want to do this “the right way” - we heard about adjustment of status but it seems scary. I’m a Jew so I have an innate residual fear of “having my papers in order” at border crossings. But I also feel like when we come and go, the border guards will be ok as long as we’re not truly abusing it.

 

Adjustment of status is not a viable option for you.

[Redro 4,611]

8 hours ago, DualMatty said:

This job is a great opportunity, luckily my spouse is willing to go into this process, she’s got family in BC across the border, and we can keep our apartment in Montreal near a bunch of friends and the consulate (praying for that DCF!!). She’s ok going back and forth a lot. 
 

Kinda glad that rescinding citizenship isnt practical , If it were the fastest way I’d do it, but also I do feel American and would like to keep it. I just wish there were a visa type for this - like a visa tied to a new job of a US citizen for spouses if the USC has been living abroad for more than a certain amount of time. I mean don’t they want us back? I am really looking forward to living in Washington. The snow boarding , the lifestyle , I often feel more at home there than in Quebec, and my French is good even. If that type of visa existed itd help incentivize Americans to move back. Or at least jt wouldn’t block us from doing so.

 

 

 

DCF was/is the process that used to exist for your situation. I have many friends who were able to move back to the US in 3-6 months.

You are not the first and you won't be the last person who wants to relocate to the US with your foreign partner.

 

I suggest you get married ASAP because most embassies don't accept the DCF request if the couple is not married. 

Also, be aware Montreal is a slow consulate. Those who've requested DCF in the last year have waited a month or so for a response.