United79

Hi Everyone,

I'm a Canadian Citizen and I'm married to a US citizen. We currently live in Ottawa, and we just had a baby 4 months ago.

My wife will become a PR at the end of this month, she has an interview on April 20th.

A few questions:
If she wants to file an I-130 for me, does she have to wait until she is a PR in Canada for 6+ months? or can we do it now?

She is not working at the moment,and she doesn't have a job in the US either, she is a stay at home mom at the minute with the baby. So in this situation, will our application be approved?

Finally, if we do get approved, I understand we have to make the US our permanent home, but since I still have to look for a job, and she is not working, is applying even a good idea? I guess crossing the border every once a while is not enough to keep a PR status in the US correct?

She would like to move back home at one point, but it seems complicated since I would need a job.

ian-mstm

She is a USC... she can file an I-130 whenever she wants.


Getting you a visa to work/live in the US is a 2-step process. First is the I-130 petition. That will likely be approved - after all, you are the spouse of a USC and you can prove it. After the I-130 is approved, then comes your application for a CR-1/IR-1 visa. As part of that process, your USC wife will need to demonstrate that she (or someone else... but not you) will assume financial support for you. If she can't do that and she can't find a joint sponsor to do that (and you have insufficient assets), your visa application will ultimately be denied.


No one here can answer that for you. What's important is whether or not YOU think it's a good idea!


Generally, correct. The issue of status abandonment is specific and on a case by base basis.


You don't say where you're intending to live. It may be quite easy to find a job in Minneapolis, Minnesota... it may be staggeringly difficult in Pikeville, Kentucky.

Since your child is likely a US/CDN dual citizen, the child will need a US passport to enter the US.

By the way, I love Ottawa. I lived in Kingston for 13 years and spent a lot of time on the Rideau!

Ian

S Folinsky

Comment: out of idle curiosity, I just checked to see if the US consulates in Canada still did not adjudicate "DCF" spousal I-130's. It seems that there has been a change in policy -- they now follow the regulations. Will wonders never cease?

United79

Thanks for the reply...

I know she can file the I-130 whenever she wants, but if she wants to apply it here in Ottawa at the embassy, I thought I read some where that she needs to be a legal resident of Canada for 6+ months.

To answer your question, we intend to live in Houston Texas..

I'm glad you liked Ottawa

ian-mstm

Ah... I see what you mean! Sorry... my bad for misinterpreting. Generally, the USC must reside in some sort of viable status for 6+ months in the country before they will accept the I-130 as part of the DCF process. What is her current status in Canada? On what visa did she enter?

At any rate, you really have nothing to lose by trying. If Ottawa does not accept the filing, they will return both the application and fee and you're only out a few weeks wait time. Even so, she can always file the I-130 directly to the US.


Job prospects in Houston are, from all indications, on the rise.

Ian

United79

Thanks Ian.

She is currently a visitor, so she entered with a visitor's visa. She has been in Canada for over year, as a visitor. (we had to extend her visa since we were still waiting for her PR). Would this count?

But she will get her PR in Canada on April 20th (she has an interview for that).

So you suggest that I look for a job in the mean time? I'm sure we can find someone who can sponsor me, but eventually, I will be the one supporting her and the baby, until she decides to work again.

Rete

Has been this way for about 2 years.

S Folinsky

Learn something new every day.

ian-mstm

I don't believe so, no.


In all honesty, it would be quicker if she simply applies to the US now... rather than wait until she's a PR and then a further 6 months to satisfy the filing requirements and then a further 4-5 months for the visa to process.


Yes. If she files the I-130 soon, you'll have about 8 months before you move to the US, but you will be fully authorized to work the day you enter the US with your visa.


Unless you're suggesting an employment-based visa, then as your USC spouse, your wife must be your sponsor even if she doesn't qualify financially. In that case you can find a joint sponsor - any USC or PR, over age 18, and living in the US... anyone at all... doesn't need to be a relative. If she doesn't qualify and you can't find a joint sponsor, then you'll need an accumulation of assets to satisfy the affidavit of support... a little under US$69K for a family of three.

Ian

jeffreyhy

You did not misinterpret, he failed to supply full information in asking his question. But somehow I suspect that you're being too kind today.

Regards, JEff