fuzz141

Hi all,

I'm Canadian, and my wife is American. We were married in the USA, and are now living in Canada. We've recently been given an appointment for an I130 interview at the US Embassy in Montreal. My question is, what happens after that? I thought I could apply right away for my SSN (and seem to remember checking a box on the I130 application to also apply for SSN at the same time), but have read online tonight that the I130 approval doesn't give me permission to work in the US. What do I have to do in addition to having the I130? To become a citizen, what else do I have to do?

Thanks in advance to all that respond!

Bob

There's a marriage based visa section to the site, you'll have more luck with your questions there.

As for getting citizenship, check out www.uscis.gov for details, but you need to be married to the US citizen and still be married and living with as well as other requirements for 3 years minus 90 days to apply for citizenship.

Welcome to the forum btw

fuzz141

Thanks for responding Bob - how do I move my message into the marriage based forum?

Thanks!

Bob

I moved it for you, though we dont' usually move threads here in case people don't like it, because these threads propagate to usenet.

Noorah101

Hi fuzz,

If you are approved at the interview, you'll receive an Immigrant Visa. When you enter the USA with that visa, you'll automatically become a permanent resident. You'll get your GC within a few weeks of arrival. If you've checked the box to receive your SSN, that should also come within a few weeks of arrival. That's all you need to live and work in the USA. If you've been married less than 2 years when you enter the USA, you'll get a 2-year conditional green card and will have to remove conditions in 2 years minus 90 days. If you've been married more than 2 years, you'll receive a 10-year green card. To be eligible for citizenship based on your marriage, you have to have been a permanent resident and married to the same spouse for 3 years minus 90 days, among other qualifications.

Best Wishes,
Rene

Nilda

Are you saying your spouse only filed I-130? I-130 is Petition for Alien Relative.... And you're right you cannot work with only that. Once they approved you're petition they will send you a packet from the National Visa Center...

The packet informs the foreign spouse of the various documents which must be presented at the immigrant visa interview abroad (e.g...passport, police clearance, results of medical examinations etc.)

The packet includes certain documents requesting biographic data which must be completed and signed and forwarded to the US embassy or Consulate abroad.

Usually, the foreign born spouse is interviewed and granted an immigrant visa within 3 to 6 months. The State Department I think charges 325 for an immigrant visa (im not sure if this has changed.....you can check it from the site: http://www.uscis.gov

I am not sure why you only submitted I-130 but when my husband petition me he also submit the following forms:

I-130 Petition for Alien Relative
G-325 A - Biographic Data Form - US Citizen
G-325 A - Biographic Data Form - Alien Spouse
I-485- Application to Register Permanent Residence or Adjust Status
I-765 Application for EAD if you need to work
I-864 Affidavit of Support
I-693 Medical Examinations of Aliens seeking adjustment to be filled up by the doctor accredited by the immigration office.
The Appropriate Supporting Documents:
2 color Photograph of the Petitioner
8 Color Photograph of the Alien
Copies of Birth Cert of Both you and your husband
Copies of Aliens passport and I-94
Copies of Birth Cert of Aliens or Petitioner's all children outside and inside
the marriage
Copy of Marriage registration from the Civil Authorities
Letter from Petitioner's Employer
Letter from the Petitioners Bank
Copies of Petitioners Federal Income Tax returns for the past 3 years
The Appropriate Payments
I - 130 : $ 190.00
I - 485 : $ 325.00
G 325 - No fee
I 765 - $ 180.00
I 131 - $ 170.00
I 864 - no fee
I 693 - No fee
Biometric Service Fee $ 70.00

Maybe my case is different because we both stayed in the US and I didnt returned to my country not until I got my GC.

Just try to go to the FORUM regarding marriage to a US citizen.

Im not Certified...Im just talking on my experience.

BTW, Either I 485 or the or 765 is the form that will allow you to work...if the 485 is approved you dont even need I-765. After you got your GC you can apply for for your Social Security Card.

Im not Certified...Im just talking on my experience..

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posted via:
http://www.visaforyou.org/eng/

Noorah101

Nilda,

Your case is different from the OP's, because you guys were already in the USA and filing for Adjustment of Status.

The OP is in Canada and going for an interview for an Immigrant Visa. When he said "I-130 interview", he meant "Immigrant Visa interview". They have gotten to this point of having an interview by filing all the correct paperwork in Canada.

Best Wishes,
Rene

Noorah101

Nilda,

In the OP's case, he doesn't need to file either an I-485 or an I-765 to work. He will become a PR upon entry to the USA, which allows him to work from Day 1. He will get the I-551 stamp at the POE which is the same as his GC. Also, he checked a box to automatically receive his SSN once he arrives in the USA, so he doesn't have to wait to get his GC first.

Best Wishes,
Rene

meauxna

fuzz, did you complete a visa application DS-230? If so, this is your immigrant visa interview. You'd remember because your wife filed the I-130 where/when??? The DS-230 has the Social Security application question on it.

(DCF Guide) Pay attention to the middle part here, after #5:
4- The foreign spouse has the final interview. The US citizen spouse does NOT have to be present at the final interview. When all name checks are cleared, the Machine Readable Immigrant Visa (MRIV) is glued into the immigrant’s passport. Expect delays of one to ‘some’ days for visa issuance after a successful interview. This delay seems to be the new norm.

5- The foreign spouse enters the US, and at the port of entry will have their MRIV endorsed with a stamp. That is now proof of the immigrant’s new status: Permanent Resident. It is adequate evidence for most purposes and is equal to the I-551 card that will be mailed to them, also known as the Green Card.

The foreign spouse receives immediate work and travel authorization from the “green card stamp”, and will only need their social security card before starting to work. You may have already applied for this on the visa application DS-230 II. If you have applied for the Social Security number via the visa application, your SS Card s mailed to you separately within a month. Your Green Card will be mailed to you in the same time frame.If you haven’t received anything within a month, it’s time for follow up.

Note: If you have been married for less than 2 years when you enter the US, your Permanent Resident status has “conditions”. A CR-1 PR is no less a PR than anyone else, but they do have an additional step to take 2 years after they enter the US. Please see the Guides for Removal of Conditions (form I-751).

The visa resulting from a DCF case is the same Immigrant Visa that one would get by filing I-130 in the US: CR-1 or IR-1.

I recommend the following reads to anyone who is becoming a Permanent Resident, so you can better understand your rights and responsibilities.

Now That You Are A Permanent Resident
http://uscis.gov/graphics/howdoi/PermRes.htm

How Do I Remove the Conditions on Permanent Residence Based on Marriage?
http://uscis.gov/graphics/howdoi/remcond.htm

Welcome to the United States:
A Guide for New Immigrants
http://uscis.gov/graphics/citizenship/imm_guide.htm


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me again.
Citizenship is still a way away. You will be a Permenent Resident for at least 3 years, but you can start preparing now if naturalization is a goal.
Start here:
USCIS Frequently Asked Questions on Naturalization (becoming a US Citizen):
http://uscis.gov/graphics/faqsgen.htm#naturalization

Naturalization Home Page: http://uscis.gov/graphics/services/natz/index.htm

Citizenship Explanation (including info for children): http://uscis.gov/graphics/services/natz/citizen.htm

General Naturalization Requirements
http://uscis.gov/graphics/services/natz/general.htm

Naturalization: Waivers, Exceptions, and Special Cases
Family Members of U.S. Citizens
Spouses of U.S. Citizens
http://uscis.gov/graphics/services/natz/Special.htm

Frequently Asked Questions About Naturalization
http://uscis.gov/graphics/services/natz/faq.htm#Top

In general, if you have been a Permanent Resident for three years and have been married to and living in a valid marital union with the same U.S. citizen spouse for all three years AND you meet the other criteria (Residence and Physical Presence, Good Moral Character, Language etc), you are eligible for naturalization.

So called "conditional residents" are Permanent Residents nonetheless.

5. When does my time as a Permanent Resident begin?

Your time as a Permanent Resident begins on the date you were granted permanent resident status. This date is on your Permanent Resident Card (formerly known as Alien Registration Card). Click here to view a sample card.

Physical Presence Is Important!
"An applicant is eligible to file if, immediately preceding the filing of the application, he or she:

-has been lawfully admitted for permanent residence (see preceding section);
-has resided continuously as a lawful permanent resident in the U.S. for at least 5 years prior to filing with no single absence from the United States of more than one year;
-has been physically present in the United States for at least 30 months out of the previous five years (absences of more than six months but less than one year shall disrupt the applicant's continuity of residence unless the applicant can establish that he or she did not abandon his or her residence during such period)
-has resided within a state or district for at least three months"
(for spouses of US Citizens filing under the "3 year" exception rule, change all "5 year" notes to 3 years)

Note from me: From the day you become a Permanent Resident, start keeping track of ALL time spent out of the US, including dates and dates of travel. Keep this list in one place, where it is easy for you to get at, and it will make completing N-400 much, much easier! Especially good idea for Canadians who cross the border a lot. Everyone should save whatever travel documentation available should it be required.

Fun!
Test Yourself on U.S. History
100 Sample U.S. History Questions with Answers
These are the actual interview questions. Applicants should know all 100 questions, although a random 10 are selected and asked in the interview.

"There are also exceptions for lawful permanent residents married to U.S. citizens stationed or employed abroad. Some lawful permanent residents may not have to comply with the residence or physical presence requirements when the U.S. citizen spouse is employed by one of the following:"
(see this page for more info)

There are also special rules for children. Please see the preceding links for more information on children and naturalization.

Dual Citizenship FAQ
Dual Nationality and
United States Law
by Rich Wales

http://www.richw.org/dualcit/

Nilda

Thanks Rene... I think Im trying to be a smart alleck here...LOL!

What I can say is that you sure helped alot of people here doing their immigration. You seemed like an expert to me already.... as well as Noorah.

Best Regards.

:p .

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posted via:
http://www.visaforyou.org/eng/

Mike

Hey fuzzy.... I would be really interested in hearing about your Montreal
interview when it happens. I'm just a few months behind you in the process.
I've just today sent $70 to St. Louis visa center for the affidavit of
support forms. I too am Canadian married to an American wife and we plan to
retire to our cottage in Washington state when the GC comes through. I guess
prior to that though, I'll have a few days in "La Belle Province".

Wish you good luck at the interview when it takes place.


"fuzz141" <member49565@british_expats.com> wrote in message
news:[email protected] m...
    > Hi all,
    > I'm Canadian, and my wife is American. We were married in the USA, and
    > are now living in Canada. We've recently been given an appointment for
    > an I130 interview at the US Embassy in Montreal. My question is, what
    > happens after that? I thought I could apply right away for my SSN (and
    > seem to remember checking a box on the I130 application to also apply
    > for SSN at the same time), but have read online tonight that the I130
    > approval doesn't give me permission to work in the US. What do I have
    > to do in addition to having the I130? To become a citizen, what else do
    > I have to do?
    > Thanks in advance to all that respond!
    > --
    > Posted via http://britishexpats.com