US citizen married Canadian. Liiving in Canada. We want to move to USA.

[redsoxfan 0]

I'm new. I posted this in the Canada forum, but meant to post it here. I found this place from Yahoo answers. I have a stiuation at hand and need some guidance.

I am an American Citizen, born and raised. My husband is Canadian. I have been living in Canada, legally, since May 2009, when I landed. We married November 2008. My husband has been recently laid off, he's in the oilfield. We are living fine on his unemployment as we managed to save a little money. The thing is, we have decided to relocate to the states. One reason is my daughter, 23 is a mom of 2, going through a terrible divorce and needs a bit of support from mom.

Anyway, he has been in his industry for over 7 years, same company.

I was reading up on the DCF, but I, the American citizen, do not have income as of yet in the states nor do I have a co-sponsor to sponsor my husband. I am getting responses from sending out my resumes, but I have to be there for an interview.

Also, my husband is getting good responses from oil companies in the states, but he also has to be there for an interview. Not sure he can get a job on a TN1 easier, then to have a company pay the fees for a H1B, which is sometimes difficult.

Not sure which way to go with all this to get us to the states, back home for me, as the quickest and right way. As most married couples, No we do not want to be apart.

Please help.

[Anh map 2,098]

DCF is the way to go if you are a legal resident of Canada.

Cosponsor does not need to be a family member.

Could you qualify using assets? See the instructions for the I-864 to learn about it. Basically a 3 to 1 ratio, assets:income.

He will probably have trouble getting a work visa with a USC spouse as immigration is assumed.

[canadian_wife 1,822]

You must be a legal resident of Canada for at least 6 months before you can DCF - legal resident being a permenant resident of Canada, not a tourist. Since you entered in May you cannot file until November 2009 (ie 6 months after you landed) if you are a legal resident.

Alternatively, you could file the I-130 now and get the process started.

Work visas are increasingly difficult to come by during this recession, particulary TN visas. They are non-immigrant visas. To enter on a non-immingrant visa then adjust status to a legal resident is visa fraud if the intention to do so preceeded the issuance of the visa.

Good luck.

[Jamaican JNR 2]

I'm new. I posted this in the Canada forum, but meant to post it here. I found this place from Yahoo answers. I have a stiuation at hand and need some guidance.

I am an American Citizen, born and raised. My husband is Canadian. I have been living in Canada, legally, since May 2009, when I landed. We married November 2008. My husband has been recently laid off, he's in the oilfield. We are living fine on his unemployment as we managed to save a little money. The thing is, we have decided to relocate to the states. One reason is my daughter, 23 is a mom of 2, going through a terrible divorce and needs a bit of support from mom.

Anyway, he has been in his industry for over 7 years, same company.

I was reading up on the DCF, but I, the American citizen, do not have income as of yet in the states nor do I have a co-sponsor to sponsor my husband. I am getting responses from sending out my resumes, but I have to be there for an interview.

Also, my husband is getting good responses from oil companies in the states, but he also has to be there for an interview. Not sure he can get a job on a TN1 easier, then to have a company pay the fees for a H1B, which is sometimes difficult.

Not sure which way to go with all this to get us to the states, back home for me, as the quickest and right way. As most married couples, No we do not want to be apart.

Please help.

I would start the filing process. You can use relatives or friends as co-sponsor. He is Canadian, thus he can visit you regularly.

[redsoxfan 0]

Thank you for giving me direction. Though I still have a few more questions, if you all don't mind.

Is it ok for him to go to the states with me

then I file the I-130

once there saying he arrived on the form the actual date we arrived...

then can he remain with me while this is being processed?

As far as me sponsoring him, I will figure this out. And thank you for the alternatives.

Are there any other forms that I/he will need to fill out? It took almost 5 months for me to be legal in Canada and I was with him during most of the process.

I appreciate the welcome. We are trying to do this the right way, that's why I'm here.

[canadian_wife 1,822]

If qualify for DCF then I suggest you do that as soon as you can, it won't take as long as if you return to the US then file the forms. It is the quickest way.

He is able to visit you, as long as he doesn't overstay.

Read the guides as to what forms to fill out

Good luck.

[redsoxfan 0]

If qualify for DCF then I suggest you do that as soon as you can, it won't take as long as if you return to the US then file the forms. It is the quickest way.

He is able to visit you, as long as he doesn't overstay.

Read the guides as to what forms to fill out

Good luck.

Unfortunately, I/we do not qualify. My time frame as a legal resident in Canada did not begin until March 2009. Therefore, I have to choose another way.

I was going to try the I-130 way, but file when we arrive in the states, stating his actual date of arrival. Thats why I was wondering if I can file this while he is there, in the US with me, cause I seen on the form where I should include his date of arrival and was hoping we could be together during the process.

[canadian_wife 1,822]

If I were you, I'd file right now. He can still visit you when you move back and it will minimize separation time.

You don't need to include an arrival date if he is not in the US when you file.

If you choose to wait and file when he is in the US, you can then put the arrival date on there, but he will have to return home and be sure not to overstay.

Good luck.

[Kathryn41 3,205]

If qualify for DCF then I suggest you do that as soon as you can, it won't take as long as if you return to the US then file the forms. It is the quickest way.

He is able to visit you, as long as he doesn't overstay.

Read the guides as to what forms to fill out

Good luck.

Unfortunately, I/we do not qualify. My time frame as a legal resident in Canada did not begin until March 2009. Therefore, I have to choose another way.

I was going to try the I-130 way, but file when we arrive in the states, stating his actual date of arrival. Thats why I was wondering if I can file this while he is there, in the US with me, cause I seen on the form where I should include his date of arrival and was hoping we could be together during the process.

Unfortunately, no, he cannot move to the US until after he receives the immigrant visa - the CR-1. If he gives any indication of actually moving to or living in the US during this process he will be turned back at the border. His date of arrival has to be after the visa is approved, not before, unless he is already in the US legally on another type of visa. That is why the I-130 has that date of arrival request - the I-130 is also used to sponsor family members who are in the US on other visas. There really is no way that you can live in the States during this process unless he is already legally in the US. If you go the CR-1 route, you are going to have to expect some period of separation. If you wait until you are eligible for DCF you can complete the processing with you in Canada, which means you won't be separated. You will have to 'prove' domicile in the US as well, which will mean having a place to live and a job lined up. For both situations you are also going to require either US based income, or sufficient assets (3 times 125% of the poverty level for a household your size) or arrange a US based co-sponsor.

Canadian immigration is faster than the US. DCF is the fastest method of getting your husband to the US, although you will have to wait until you meet the qualifying criteria (November isn't that far away). Starting the CR-1 now or waiting until you can DCF in November will probably get your husband to the US in about the same time as CR-1 is a longer process, approximately 1 year.

Good luck.

Edited August 25, 2009 by Kathryn41

[trailmix 77]

I gave you a detailed response in the Canada thread - but about filing DCF - there is no 'six month' residency rule (see below). Do you have a provincial health care card? A provincial driver's license? The six months comes in to it if you are interviewing in Montreal, they want to know that you have a visa that will allow you to remain in Canada for at least 6 months.

Documents required at the time of filing an I-130 at U.S. consular officers in Canada: link

Form I-130 for each intending immigrant, regardless of age

.

Payment of the filing fee for each I-130 of US$355. Payment may be in cash or credit card if applying in person. If initially by mail to Toronto, it may be by US$ money order or cashier's check. A receipt is returned to the petitioner after filing.

Two Biographic Information Forms (G-325A) - one for the petitioner, one for the beneficiary; with recent passport-style photo attached to the bottom right corner or the form.

Evidence of the petitioner's U.S. citizenship, such as a U.S. passport, U.S. birth certificate or U.S. Naturalization or Citizenship Certificate.

Evidence of Petitioner's legal long term residence status in Canada, such as a provincial healthcare card, provincial driving license or Canadian immigrant card.

Petitioner's complete long form birth certificate (if filing on behalf of a parent.)

Beneficiary's complete long form birth certificate.

Both parties' Current complete marriage certificate.

All parties divorce decrees or death certificates showing termination of all prior marriages of petitioner and beneficiary and any derivative relatives, if marriage is the basis of the qualifying relationship, i.e. spouse or stepchild relationship.

If applicant's name is different from that on his/her birth certificate, all past marriage certificates, court decrees or other legal evidence of a name change.

Original documents (i.e. civil records issued under the original seal, stamp or signature of the government or official custodian) must be presented to the U.S. consular officer together with a photocopy. Original documents will be returned. Any document written in a language other than English must be accompanied by a certified translation.

You may photo-copy your U.S. naturalization certificate for use by the U.S. Government contrary to the prohibition stated on the certificate. If the petitioner submits photocopies to Vermont, the beneficiary must submit the originals at the time of the immigrant visa interview.

Edited August 25, 2009 by trailmix

[Chica Yeyé 41]

Ditto. We qualified by attaching our Canadian work and study permits to the I-130

[trailmix 77]

Sorry, gave you the wrong link to that reference above, it's here.

[Kathryn41 3,205]

Good link, Trailmix.

For the OP, you were asking about filing the I-130 from the US after your husband arrives - here is a quote from the link TrailMix posted that states the problem with that quite clearly:

While intending immigrants may have and lawfully seek to exercise a dual intent to be a visitor or student now and an immigrant later, it is against U.S. law to enter the U.S. as a visitor or student with the intent to wait for or seek immigrant status while in the U.S. Anyone who attempts to enter the U.S. by misrepresentation, or unlawfully, may face severe sanctions up to and including permanent ineligibility to enter the U.S.

[redsoxfan 0]

Thank you for the replies. I am unsure where I thought I had to wait 6 months from the time of landing in Canada, for the DCF. I have been reading alot in the past few days. Between trying to do the right thing and the issues my daughter is having, my brains on overload. But thank you for taking the time to help me figure things out. It does look as if the DCF is the way to go. My landing papers and health care card will work and serve as me legally being allowed and approved to be in Canada with my husband, for longevity.

Another thing, earlier today, my husband was called for a job in Louisiana on an offshore rig, American based. I am not sure of the outcome. I am heading home from work. But to clarify, how would he being Canadain working for a US company, married to an American, be allowed/legal to work in the USA, if this was immediate? What type of visa should he be listening for?

Thank you for the education.

[canadian_wife 1,822]

there is no 'six month' residency rule (

Yikes! Sorry for misinforming!