Applying for GC/ Proof of Residence/ Moving to US

J

jessibee

Registered Users (C)
Good afternoon everyone! I found this forum yesterday and I am so glad that I did. The whole GC process is daunting and it helps to read others' experiences.

I married an American (I am Canadian) almost two years ago and after visiting each other back and forth we have decided that the situation would be better for us down there. We have saved up some money and are about to start the process and although we don't want to spend much time apart we would like to proceed in a way that pleases immigration and gives us a better chance at success.

What confuses me is that for the interview it is helpful to have a common place of residence (name on lease, joint accounts, bills, etc) but because I am Canadian I cannot live there. Is it possible/advisable to apply for a visitor's VISA, enter on that VISA and start the process from there? Or, is there a point in the process where I can enter the states to live before the interview? Any advice would be appreciated!

Thank you,
Jessica
 
jessibee said:
What confuses me is that for the interview it is helpful to have a common place of residence (name on lease, joint accounts, bills, etc) but because I am Canadian I cannot live there. Is it possible/advisable to apply for a visitor's VISA, enter on that VISA and start the process from there? Or, is there a point in the process where I can enter the states to live before the interview? Any advice would be appreciated!
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There are plenty of spouses who get an immigrant visa without ever living in the United States. How would they, if common residence was required? So long as the marriage is genuine, you will be fine.
 
Thank you for your reply! That being said, once we have filed the I-130 am I still permitted to visit or will I have to stay in Canada until the whole process is over? Is there any part of the process that permits me to be there with him? He is able to support me financially while we wait.

These questions may seem ridiculous but I don't want to mess up our chances of being together for the long run.
 
jessibee said:
Thank you for your reply! That being said, once we have filed the I-130 am I still permitted to visit or will I have to stay in Canada until the whole process is over? Is there any part of the process that permits me to be there with him? He is able to support me financially while we wait. These questions may seem ridiculous but I don't want to mess up our chances of being together for the long run.
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An I-130 may prevent you from visiting him, it depends on the discretion of the border officer. The fact that you have been married for 2+ years, you have visited him regularly and intend on getting your visa at the Montreal consulate would appear to be strong evidence that you will not stay in the US as a visitor, but there are no guarantees. Are you still working in Canada?
 
Yes, I am working in Toronto right now.

So.. another thing is the medical/physical examination. If I am required to have it done by a Civil Surgeon in the States, should I be there to get it done after the I-130 is filed or should I do it before and mail it all together with the I-130, I-485 etc? Which would present a stronger application?
 
jessibee said:
So.. another thing is the medical/physical examination. If I am required to have it done by a Civil Surgeon in the States, should I be there to get it done after the I-130 is filed or should I do it before and mail it all together with the I-130, I-485 etc? Which would present a stronger application?
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Hang on. Are you going to get a visa in Montreal? If so, you get your medical exam there, and no I-485 is required.
 
I live in Toronto, my husband lives in the US. I want to petition for a green card to live in the US with him. Don't I need an I-130 and an I-485? Or just the I-130? Is the I-485 only for if I am already in the states? I am now more confused than ever.
 
Your husband needs to file an I-130 to start the process. The I-130 is needed no matter if you are going the consular immigrant visa route or the I-485 adjustment of status route if you are in the US. If you go the consular route when USCIS approves the I-130 they will send it to the Department of State National Visa Center who will request more information from him before it is sent on to the local consulate in Canada that will call you up for an immigrant appointment. Permanent resident status will be activated at the time you enter the US on the immigrant status. If you are able to get to the into the US while the I-130 is processing and want to adjust status then you file the I-485 with all the necessary forms and a copy of the I-130 receipt notice, don't have to wait for approval on I-130 to start I-485 if in the states. Another thing is if you do come to the states and do the I-485 way then you can't leave the country until you get the green card or advance parole.
 
jessibee said:
I live in Toronto, my husband lives in the US. I want to petition for a green card to live in the US with him. Don't I need an I-130 and an I-485? Or just the I-130? Is the I-485 only for if I am already in the states? I am now more confused than ever.
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The I-485 is only for if you are already in the States. If you are currently living and working in Canada, your husband merely files an I-130 for you. Once it is approved, you will have an interview scheduled in Montreal (the Toronto consulate does not do immigrant visa interviews, IIRC) and you will do your medical exam there a day or two before the interview. Consider it an excuse for a delightful long weekend in Montreal with your hubby.
 
you can only file I-485 if you have no preconceived intent to stay in the US once you enter on the non-immigrant visa. That is - your only intent is to be a tourist. And then, after three months you may change your mind and decide to immigrate. Since you already have immigrant intent, I would advise you against doing adjustment of status in the US (I-485) because if you cannot prove you didn't have immigrant intent, you may be in trouble and jeopardize your chances for a trouble-free process.
 
jessibee said:
I live in Toronto, my husband lives in the US. I want to petition for a green card to live in the US with him. Don't I need an I-130 and an I-485? Or just the I-130? Is the I-485 only for if I am already in the states? I am now more confused than ever.
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If you file I-485, you have to be in the US when you file it, and you will also be stuck* in the US until you get the GC or Advance Parole (which takes 2-3 months).

So if you plan to keep working in Canada during the process, you should stay in Canada and have your spouse file I-130 without the I-485, and on the I-130 he should specify the appropriate consulate in Canada.


*by stuck, I don't mean you will legally or physically be unable to leave, I mean it will screw up your GC process if you leave before approval of the stated documents.
 
Thank you so much, everyone. This is something that I most certainly needed to be clear.

From what I understand it is advisable to stay in Canada and file through the Consulate in Montreal rather than filing the I485 in the states, correct?
 
To be perfectly clear, my job here is not all that important to me. I can afford to be in the US with my husband right now, not working, while we go through the process. Granted, only if I am able to enter the US and offer proof that I have ties here, etc. But would that hurt our case?
 
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jessibee said:
To be perfectly clear, my job here is not all that important to me. I can afford to be in the US with my husband right now, not working, while we go through the process. Granted, only if I am able to enter the US and offer proof that I have ties here, etc. But would that hurt our case?
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Here's your problem - if you no longer have a job in Canada and present yourself at the border with enough stuff to live with your spouse for several months, there's no way you're being let in. You're best doing the Consular route. Get that I-130 filed pronto.
 
Perfectly clear. Thanks for the advice, all!

Is this where the K-3 Visa becomes a possibility? I've read that it isn't worth it in the long run because it can take as long to process as the IV therefore it is a waste of money
 
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Thank you for clearing all of this up. A long weekend in Montreal sounds like the smartest way to go about it :)

Last question..

Does my husband have to be in the US to file the I-130 or can he file it while up here on a visit? He currently holds a job in the states/resides there but is here (legally) for a 1-2 month visit. We'd like to start the process ASAP. Thanks!
 
As long as he is domiciled in the US, he can file I-130 when he is temporarily outside the US. But he needs to specify his US address for them to send the correspondence, and have somebody in the US to check his mail when he is not in the US.

Before sending the I-130 with Montreal requested on it, contact the consulate in Toronto just to make sure it is still true that they don't do immigrant visa interviews.
 
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