Any QUICK advice? Moving back to USA... tomorrow

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s_mackJunior Member
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Any QUICK advice? Moving back to USA... tomorrow

Post Tue Sep 28, 2010 12:04 am

OK, not really. Here's the short version:

I'm a US citizen by birth but I've lived in Canada with my Canadian mother since I was a young child. American father is out of the picture. I have a US birth certificate and a Canadian passport and driver's license. I wish to move back to the US with my Canadian wife (of 2.5 years). I'll be bringing my small unincorporated business with me. She'll want to work, but not right away. I've never had a SSN. I've never filed US taxes but I'm up to date on Canadian ones. No criminal convictions, etc etc.

I don't know what paperwork I have to file or procedures to undertake to begin. I'm sure I can find it all out. The reason for this "QUICK HELP" post is because I'm going to WA state this week and it occurred to me that maybe I can get something done while I'm there. For example, can I walk into a Social Security office and apply for the card? Or do I need an appointment? Any other paperwork or procedures I can get done on this trip?

Is there an easy to follow checklist for people in my situation?

Much thanks.

- Steven

ps. In case it matters... this week's trip is temporary. It isn't my "move"... just a quick visit.
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flames9CanuckAbroad VIP
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Re: Any QUICK advice? Moving back to USA... tomorrow

Post Tue Sep 28, 2010 3:31 am

Checkout VISAJOURNEY.com One just can't bring over ur CDn wife to LIVE in the USA, she will require a visa. Usually the fastest way (and its not all that fast) is what known as Direct Consular Filing (DCF) check this VJ forum out:
http://www.visajourney.com/forums/forum ... iscussion/

and at the top of that forum, you will even see a "sticky" that pertain to Canadians!!

Not sure how long the DCF route is taking, but 6 months is prob a good estimate! Used to be faster and has been a lot slower!! If you goto: http://www.visajourney.com/forums/forum/93-canada/ is where many of us canucks hang out, there is a topic of timelines for cr-1//ir-1. Even though u are DCF'ing, u will be going for a CR-1 (married less than 2 yrs) or IR-1 (married 2 yrs or more) ALL DCf'ers go for an interview in MONTREAL!!! You may be filing the paperwork at other consulates in Canada, BUT the interview itself will be in Mtl! (Just re-read ur post and saw that u have been married for 2.5 yrs, thus the IR-1, which gets u a 10 yr greencard upon completion)

Some of the paperwork ur CDN wife wil require

1) LONG form birth cert (its the 1 that has her parents info right on the birth cert)
2)marriage license
3) Criminal background check completed for every country she has lived in for 6 months or more since the age of 16. For Canada, a very simple document to get, usually by RCMP or local police force and only requires one, as it will cover ALL of Canada, (topics on that on VJ) And it has to be completed by all the names she has used. NO criminal record = just that background check, BUT if she has EVER had a criminal record, will require fingerprinting and that can take up to 4 months to get by RCMP
4) divorce cert if applicable

But check out those above links, explains things better than I! Just be-aware it takes time,and Montreal isnt the fastest of consulates!
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s_mackJunior Member
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Re: Any QUICK advice? Moving back to USA... tomorrow

Post Tue Sep 28, 2010 10:14 am

Hang on.... hold the phone.

You're saying at some point my wife and I would have to fly to Montreal (from the west coast) just for an interview? Is that relatively new? Because my (American born) brother and his (Dutch/Canadian) girlfriend did all this maybe 6 years ago and certainly never had to fly across the country for an interview. His situation was the same as mine except he went there first then got married.

Thanks for the links. I'll read.

- Steven
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agnelsonCanuckAbroad VIP
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Re: Any QUICK advice? Moving back to USA... tomorrow

Post Tue Sep 28, 2010 10:18 am

His situation was the same as mine except he went there first then got married.


Um, that is what makes all the difference. Wives of US citizens are typically not permitted to enter US permanently without a Immigrannt Visa -- even temporary entry (ie. for the weekend) is at the discretion of the border guard. Mtl is the only palce that grants such visas.
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flames9CanuckAbroad VIP
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Re: Any QUICK advice? Moving back to USA... tomorrow

Post Tue Sep 28, 2010 10:43 am

only TWO conuslates in ALL of Canada conduct interviews--Vancouver and Montreal!

If you want to go the much slower (usually) and more $$ way, you could go the regular K3 route and have the interview in Vancouver.

Here is a link that COMPARES the K3, regular route IR-1 and the DCF option:

http://www.visajourney.com/content/compare

This has been the case for quite some time--I came here to the USA on a CR-1 back in 2004. If you do not belive me, be my guest and when you and ur wife come to the USA border, just tell the POE officer that your cdn wife is moving to the USA to live with ya and see how fast they turn you around!

She can VISIT the USA (with POE approval, and many do without a problem) but one can NOT live there! When visiting, she should bring ties to canada ie lease/mortgage, letter from employer, return ticket, etc.

And yes there are some that go to the USA and then stay and do what is called Adjust of status (AOS) BUT one can NOT have had the intention of staying when they came into the USA, it had to happen out of the blue! And yes there are people that knowingly coem to the USA and stay and get away with it! BUT get caught and you face deportation and a ban! Plus one can't leave during AOS--well you can leave the USA, but most likely you won't get back in--then ur back at square 1!! Not sure how it works when one just AOS's and if one can get Advance parole (AP) to travel outside the USA. And one can not legally work until you get ur EAD, which is around 3 months!

Look over the +and - that I listed! DCF is normally the best route. It has only been an option in Canada for a few yrs! She can work and travel right away on the IR-1 and you get a 10 yr green card!
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s_mackJunior Member
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Re: Any QUICK advice? Moving back to USA... tomorrow

Post Tue Sep 28, 2010 11:19 am

I didn't mean to come off as not believing you... it just didn't make sense that I'd have to go to Montreal and it seemed logical to me that a wife would be easier to get in than a girlfriend. But since when did bureaucracy and logic make any acquaintance? :)


OK, you mention Montreal AND Vancouver. Vancouver is close. So you're saying the fast route is only available through Montreal, and the slow route is available in Vancouver?

I'm not really worried about how long it all takes. We won't be ready to move probably for a year anyway. The only thing "urgent" was because I was going to be in the US this week anyway and I'd like to get done whatever I have to in the States while I was there... such as filing paperwork for a SSN, which I know i have to do in person since I've never had one and I'm an adult.
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agnelsonCanuckAbroad VIP
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Re: Any QUICK advice? Moving back to USA... tomorrow

Post Tue Sep 28, 2010 12:27 pm

You can get your SS card by filing SS-5-FS at any consulate, and could have done this anytime.

If you feel you must get one at a US SSA offcie, then fill out an SS-5 and take one there -- any office, any time -- , but I don't see the need to waste time during your visit. Do it when it is most convenient, be it in canada or US.

Both forms are available online simply by googling. The forms list what docs you need.
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s_mackJunior Member
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Re: Any QUICK advice? Moving back to USA... tomorrow

Post Tue Sep 28, 2010 12:41 pm

Thanks! Actually, the nearest consulate is further away from me than the nearest SS office.
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flames9CanuckAbroad VIP
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Re: Any QUICK advice? Moving back to USA... tomorrow

Post Tue Sep 28, 2010 12:45 pm

yep, doesnt make much sense to me either why a Fiance (K1) visa would be faster than the traditional cr-1//ir-1 route--as they are married!! That argument takes place quite often on Visajourney,lol

DCF should be the fastest of all routes as you miss a few of the obstacles!!

It is taking around 6 months to get to the interview stage, then they mail out the "visa" in her Cdn passport, so make sure it is rather new! I believe the minimum time left before it expires is 6 months!! As well one has 6 months to use the visa--in other words move to the USA.

As well check out this topic on VJ http://www.visajourney.com/forums/topic ... in-the-us/

It seems the Immigration people want to make it more difficult and want hard proof that ur moving to the USA or in the USA if u are DCF'ing!! In some instances, the USA citizen had to leave their family behind in Canada and go and start a residence in the USA, THEN mail in proof to the Consulate! And guess what, they are not to speedy at reviewing that new material before they issue the visa! Fun and games!! Read over that post, lots of good info, and maybe they have slackened a bit on that!!
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s_mackJunior Member
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Joined: 27 Sep 2010

Re: Any QUICK advice? Moving back to USA... tomorrow

Post Tue Sep 28, 2010 1:12 pm

DCF does not seem to be the route to go if we (or she) need go to Montreal at any point. From the posts I've read, its no faster anyway (supposed to take 3 months according to official site linked above, but taking 6+ months just for the interview?) and certainly no cheaper if you factor in $1000+ in travel to/fro MTL.


Can someone riddle me this then? Why couldn't we just go down there and do the paperwork from within the country? I'm allowed to be there in any capacity as a US citizen, right? So I'm not the issue at all. She's allow to visit relatively freely for up to 6 months at a time, right? So can't she just enter legally as a visit? I don't mean circumvent anything or whatever... it appears from the wording on the gov sites that it is frequently done, because so much says, "if already in the US...". I know she can't work, but that's OK.

Otherwise, I'd like to know how to go about it without having to go to MTL because on the (extremely unhelpful) Vancouver US Consulate website it appears ALL immigration visas are handled through MTL.

I'm starting to find this all frustrating :)
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