Canadian citizen (me), US citizen/Canadian permanent resident wife (common-law since 2016) help (also posted on reddit)

[Benvandam 1]

Help on how to proceed is greatly appreciated:

My wife and I are currently living in Montreal and have decided embark on the journey of moving (back for her) to the US.

We will be in Atlanta this November for our marriage ceremony - as mentioned above, we are currently already married in Canada - common-law - but want to also go ahead and get married in the US - her family will all be there!

 

After getting married is where I'd love some advice on what to do :

Submit the I-130 in December - we will be there from Nov 1st to Dec 15 - and then head back to Canada. With this option we intend to "move" to Atlanta next July and stay with my wife's mother. I work remotely so can continue doing so. I know I can only stay for a max of 6 months at a time, so have no problem heading back to Canada every so often to reset the clock. Since the I-130 takes anywhere from 12-15 months on average, I don't see this as an obstacle as a few trips back home wouldn't hurt.

 

With that being said, is it better if my wife rents a home in ATL instead and we apply for the I-130 with that as her residence  - or can we use her parent's house as her address? Or is this only important when it comes to the I-485?

[Crazy Cat 41,983]

8 minutes ago, Benvandam said:

Help on how to proceed is greatly appreciated:

My wife and I are currently living in Montreal and have decided embark on the journey of moving (back for her) to the US.

We will be in Atlanta this November for our marriage ceremony - as mentioned above, we are currently already married in Canada - common-law - but want to also go ahead and get married in the US - her family will all be there!

 

After getting married is where I'd love some advice on what to do :

Submit the I-130 in December - we will be there from Nov 1st to Dec 15 - and then head back to Canada. With this option we intend to "move" to Atlanta next July and stay with my wife's mother. I work remotely so can continue doing so. I know I can only stay for a max of 6 months at a time, so have no problem heading back to Canada every so often to reset the clock. Since the I-130 takes anywhere from 12-15 months on average, I don't see this as an obstacle as a few trips back home wouldn't hurt.

 

With that being said, is it better if my wife rents a home in ATL instead and we apply for the I-130 with that as her residence  - or can we use her parent's house as her address? Or is this only important when it comes to the I-485?

There is more to the process than just an I-130. Your spousal visa (CR-1) is going to take about 18 -24 months in total after filing the I-130 (step 1).  Your wife, the US citizen, must show domicile in the US after the I-130 is approved.  Montreal is very strict about proving that. She will have to either show proof of actually living in the US or she will have to show concrete steps in re-locating to the US. You won't be able to live in the US until you have a valid spousal visa....although you can visit.  Good luck on your journey. 

[Benvandam 1]

Hey Crazy Cat, she will actually be "living there" as of next June!  She'll be moving in with her mom, but we plan on applying this December. We can just move up the process and have her start living there this December is that changes anything?

 

As for our lease here in Montreal, can she stay on it as well?

[Crazy Cat 41,983]

13 minutes ago, Benvandam said:

Hey Crazy Cat, she will actually be "living there" as of next June!  She'll be moving in with her mom, but we plan on applying this December. We can just move up the process and have her start living there this December is that changes anything?

 

As for our lease here in Montreal, can she stay on it as well?

If she is actually living there, no problem as it simplifies the consulate issue....just be ready to show evidence of that.  I see no issue with a name being on a lease.  Good luck.

[SalishSea 17,970]

18 minutes ago, Benvandam said:

Hey Crazy Cat, she will actually be "living there" as of next June!  She'll be moving in with her mom, but we plan on applying this December. We can just move up the process and have her start living there this December is that changes anything?

 

As for our lease here in Montreal, can she stay on it as well?

You cannot work remotely without a green card or EAD (employment auth).   
 

You can visit while waiting for an immigrant visa (subject to CBP admitting you), but you cannot work/live in the US during the process.

 

Montreal in general has a very long queue, so you will need to rethink your timeline.

Edited September 3 by SalishSea

[mam521 2,111]

Canadian common law isn't accepted by USCIS.  I'd honestly head to the courthouse and get married like yesterday and file tomorrow.  Your timeline is unrealistic in the reality of things.  The sooner you get started, the better off you'll be.  

 

As mentioned, you cannot work remotely while in the US without work authorization.  The good thing is once you've processed through the Consulate, you'll enter the US with a greencard and have no issues with work authorization.  

[Benvandam 1]

Not a problem, I won't work when i come visit. 

 

Also, and you'll please excuse any ignorance on my part, can we still live together in Canada while waiting for the 1-130 to be approved see bellow:

 

"We will finish up our paperwork for the NVC (with my parents co-sponsoring the I-864 to meet financial requirements) and then I will continue to reside in Canada with my wife until we have an interview date in Montreal (I've heard they are pretty backed up there and it could be up to 8 months before we get an interview, so that's why we've kind of decided for me to delay starting med school for a year). Then, once we got our interview date, I would move to the US to fully establish domicile (get a license, buy a car, officially start the lease)  so that my wife could bring evidence of this to the interview - hopefully, with all this happening before Fall 2022."

 

"Hi everyone! US citizen living in Europe with my foreign spouse. In response to question 12A (address in the US where you and beneficiary intend to live), I uploaded an additional document to explain that we will be settling in the city where I'll start my JD, and therefore our US address is not yet finalized. Does not establishing the domicile on the I-130 pose issues for approval? Or should it be fine just so long as we provide a domicile in the NVC stage (planning on providing my mom's address for that)? If establishing domicile IS important for I-130, should I upload another addendum putting my mom's address? Would that risk processing delays? Thanks, and good luck everyone!"

 

"As long as you have an address in the US to file the I-130 as your domicile, you should be golden."

 

Thinking a better plan is to get married in November, apply then (showing her domicile as her parents, which it technically is as her bank statements still go there), come back to Canada and wait for I-130 to be approved (12-15 months from Nov 2024). If we work off the 1-year wait time, then in November 2025 she would move down to the US to further establish domicile and start working ( her mom will be a co sponsor in either case) while I remain in Canada waiting for my interview.

 

3 minutes ago, mam521 said:

Canadian common law isn't accepted by USCIS.  I'd honestly head to the courthouse and get married like yesterday and file tomorrow.  Your timeline is unrealistic in the reality of things.  The sooner you get started, the better off you'll be.  

 

 

Yeah I know  But we will be getting married in ATL this November 

[mam521 2,111]

Yup, you can live together right up until you want to emmigrate Canada.  Montreal is just a stickler for having proof that your partner has a plan to reside in the US when the time comes.  This might be in the form of a lease agreement with the in-laws, your own property, etc.  

 

Remember, there's the I-130 that has to be filed and approved by USCIS, then the case gets transferred to the National Visa Center where you'll have to fill out the DS-260 and your spouse an Affidavit of Support.  Because you're both potentially residing in Canada, your spouse may need a joint sponsor to prove they have the means to support you unless they can prove their job and income will continue when you guys relocate to the US.  Once that is approved, you're put in line for your interview.  This is why I say get legally married ASAP and file...18mo+ is not an exaggeration.  3 months and filing before this US election are a big deal because who knows what's going to happen and what immigration reform may or may not happen after November.  

[mam521 2,111]

9 minutes ago, Benvandam said:

Yeah I know  But we will be getting married in ATL this November 

There's nothing stopping you from still having a ceremony and party with your family and friends.  You just have the legal part of it done already.  

[Benvandam 1]

14 minutes ago, mam521 said:

Yup, you can live together right up until you want to emmigrate Canada.  Montreal is just a stickler for having proof that your partner has a plan to reside in the US when the time comes.  This might be in the form of a lease agreement with the in-laws, your own property, etc.  

 

 

But since she will actually be living there with a job and lease, we are golden?

 

How long after being approved for the I-130 and starting the NVC process would it be advised that she's already working and living in America? Does it simply matter that she's there before the interview or during the submitting of these docs?

[mam521 2,111]

23 minutes ago, Benvandam said:

 

But since she will actually be living there with a job and lease, we are golden?

 

How long after being approved for the I-130 and starting the NVC process would it be advised that she's already working and living in America? Does it simply matter that she's there before the interview or during the submitting of these docs?

Yup, golden if she's there in advance.  

 

The timing will depend on whether or not you want to avoid a joint sponsor or not on the AoS.  If you guys don't have an issue having a joint sponsor or have sufficient liquid assets to meet the requirement, then she can come across with you as long as you've sufficiently proven intent to establish domicile during the interview.  

[Benvandam 1]

One other question, does it matter that we're getting married in America and then heading back to Canada - we'll send in everything from the States before returning north.  And does the time matter? If we get married Nov 15 and get our certificate back on Dec 1st, is it okay to file Dec 2nd?

Edited September 3 by Benvandam

[mam521 2,111]

28 minutes ago, Benvandam said:

One other question, does it matter that we're getting married in America and then heading back to Canada - we'll send in everything from the States before returning north.  And does the time matter? If we get married Nov 15 and get our certificate back on Dec 1st, is it okay to file Dec 2nd?

Nope.  People do Vegas weddings all of the time.  Just make sure it's sent to the correct lockbox.  It is also a form that can be filed online.  

[SalishSea 17,970]

11 hours ago, Benvandam said:

so that's why we've kind of decided for me to delay starting med school for a year

In the US?  Do you have the means to pay for that?

[Benvandam 1]

5 hours ago, SalishSea said:

In the US?  Do you have the means to pay for that?

This isn't me LOL Was just a post on here that I was using to crowd-source some information.