International Issue Spouse of American: Neither living in the States

Status
Not open for further replies.
S

simbrow

New Member
My wife is an American: born in the States and she has a US passport. She is also a Canadian citizen and lives in Canada.

I am a British Citizen living in Canada as a landed immigrant.

We have been married for 10 years but we are exploring the possibility of moving to the US.

Although US citizens are able to sponsor spouses, it seems to me that this is only in the context of an American citizen living in the States. Is this true? What are the rules or options when the American citizen does not live there? Should she go first and then I follow later?

Thank you for any advice or help in this matter.
 
No, the citizen petitioner does not have to live in the U.S. to file a petition for an alien spouse.

You basically have these possibilities:

Your wife can file an I-130 petition for you at the U.S. consulate in Canada. Now you can wait in Canada until the processing for the green card is complete and you will be issued a green card. This is called "consular processing and might take up to a year. You would not be allowed to enter the U.S. until you have received the visa.

Your wife also could file an I-130 petition for the green card and an I-129-F petition for you at the consulate in Canada (but only if you two married either there or in the U.S. Otherwise the petition must be filed in the country where the marriage took place!) and you would apply for a K-3 Nonimmigrant visa. This visa usually is issued within a couple of weeks and allows you to enter the United States and wait there for the eventual green card processing by "adjustment of status".

Or third possibility, you enter the U.S. with your wife on a different visa (for example as tourist) and your wife files the I-130 petition in the U.S. with the USCIS and you file an I-485 application for adjustment of status at the same time and office and wait for the green card processing in the U.S.

Rather than the last version the USCIS prefers people to use the second version (K-3 visa), though. But all three are legal ways.
 
I'm currious to know how things are working out for you.
I am an American married to a Canadian, and my husband and I would like to move back to the states and bring him along!
We have had trouble finding people who would help us with this question, when I called the 900 number I got "I don't know" (This is what my money is paying for!?) I was so disgusted I hung up and haven't called back. In Canada are there any places that I can go talk to someone face to face that anyone knows of? I'm in Ottawa, Ontario right now, but am willing to drive to Toronto or further East if needed or even down to New York.
Is there anything else we should be aware of or a list of things we can't bring into the states? I doubt my 7 year old Ficus tree would be allowed even though it was imported from the USA? I just can't bear the thought of leaving it behind!
 
What are your questions? Basically the answers to the visa process questions are as I stated above: You have to file a petition for your husband, once it is approved he can get a green card, giving him the privilege to live in the U.S.

There are the three ways to acquire that described above.

If you go to the U.S. embassy in Ottawa they should give you the necessary forms and be able to answer all other questions, you can also get forms and info here: http://uscis.gov/graphics/howdoi/spouselive.htm


Your benjamin probably cannot be brought into the States, since there are pretty strict rules regarding the importation of live plants. More about that you find at the U.S. Customs Service, U.S. Department of Agriculture and the State Department of Agriculture websites of the state where you want to move (often it is not the Federal rules that prohibit it but a state rule, so always check those, too)
 
The Embassy in Ottawa told me they can't help me and that I would have to call Tijuana Mexico for help and forms!
Thank you for the link to the forms!

If my ficus were a benjamin I wouldn't hesitate to leave it since they are fairly inexpensive and don't take long to grow. I have another variety that is much more expensive, longer to mature and exotic. (it was imported from florida maybe they'll let it back in lol)

Thanks for the info!
 
Tijuana?? Why in the world Tijuana? Were you married there?

As to forms, most forms you find online: www.immigration.gov
 
no we were married in california! Just said that Tijauan was the closest place where we could get forms and information from Canada!
Thanks again for the link to the forms!
 
Have another question...if it only takes a couple of weeks for the K-3 visa to arrive, do you have to leave as soon as it arrives? or is there an expiration date on it and you have some time to move etc?

Thank you in advance!
 
I still don't understand the Tijuana thing, it doesn't make any sense. If you live in Canada, the embassy in Ottawa or the consulates in Toronto and other cities are the places to go. Are you sure he didn't say Toronto?

And yes, every visa has an expiration date, usually you have to use the visa within 6 months.
 
Status
Not open for further replies.

Share this page

Get a free case review from a lawyer
Back
Top