Husband trying to move to US

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waterwaterwaterlooloolooCanuckAbroad Regular
Posts: 69
Joined: 10 Jul 2007
Location: Roselle Park, NJ

Post Fri Jul 27, 2007 11:27 am

Yes you would. Not every consulate does certain things. Montreal is the only place that does IR-1 interviews,. Just the way it is. If you live near toronto, Montreal isn't that far away. (6 hours from toronto) PLUS montreal is such a great city! Why don't you go for your interview and plan a few days there or something. A little rendezvous perhaps? :)
Send me smarties and ketchup chips!
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nelsonaCanuckAbroad Regular
Posts: 32
Joined: 23 Jul 2007

Post Fri Jul 27, 2007 1:05 pm

. and a immigrant petitioner is not allowed TN in any event, so the EAD which will be obtained 3 months after filing I-485, which will be filed after arrival in US, will be the only legal way to work in US.
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flames9CanuckAbroad VIP
Posts: 543
Topics: 1
Joined: 8 Mar 2007
Location: Managua Nicaragua

Post Fri Jul 27, 2007 4:38 pm

for the cr-1, or ir-1 in ur case, Montreal is the ONLY consulate that handles the interviews! Doesnt matter if you live in Vancouver, off to Montreal you go!
Not sure how long it is taking to do a DCF from start to finish! Back in 2004 whenb Iwas doing my cr-1 (not DCF--just the reg route which iss suppose to take longer) was 6 months! BUT now everything seems to be taking longer! In some cases close to a year! But dont quote me on that!

The immigration process to the USA (at least marriage based) can be very frustrating! 2 people can start at the same time, go through the same district offices, yet complete the process months apart! Some things make no sense,lol and one is almost best not to try and make sense of it, if ya try to, will just end up with ulcers or an alcoholic! Not trying to scare you, it can just be a stressfull process! Whats working in ur favor, is that ur with ur spouse already! Many spend the time apart!

Not sure why you could not log onto Visajourney? Did you make a profile? I dont think you can post as a guest. It is a super site with lots of good information--all free! Best of luck.
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RebaModerator
Posts: 2561
Joined: 16 Jul 2004
Location: North Carolina

Post Sat Jul 28, 2007 7:30 am

nelsona wrote:. and a immigrant petitioner is not allowed TN in any event, so the EAD which will be obtained 3 months after filing I-485, which will be filed after arrival in US, will be the only legal way to work in US.


They are not filing an I 485 though, they're going for the IR-1, which is an immigrant visa, complete with employement authorization.

Here is a link that is posted at Visa Journey for information about DCF in Canada. I do not know how up to date it is
http://www.amcits.com/immigration_usa_relative.asp

Here is the thread, there may be some updated info http://www.visajourney.com/forums/index ... wtopic=621

When I went through all this, DCF was not possible in Canada, so I have no clue how it all works.
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flames9CanuckAbroad VIP
Posts: 543
Topics: 1
Joined: 8 Mar 2007
Location: Managua Nicaragua

Post Sat Jul 28, 2007 8:39 am

And for a bit earlier this Yr, DCF was suspended for awhile, think it was due to the adam walsh law, but I think its back and rolling! I'm not sure exactly about the DCF procedures, but all explained on VJ. I do belive the USA citizen must be a resident of Canada. One files the paperwork at the closest USA consualte in Canada, but ur interview will be in Montreal. It should be ur fastest "realtionship" visa route! When it first started up only took a few months, but for awhile (and maybe even now) it really slowed down! But im sure there is current info on VJ.
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nelsonaCanuckAbroad Regular
Posts: 32
Joined: 23 Jul 2007

Post Sat Jul 28, 2007 8:44 am

Reba wrote:They are not filing an I 485 though, they're going for the IR-1, which is an immigrant visa, complete with employement authorization.


In fact, Tammy has not decided on either course -- that is the point of her posting.

I was merely confiming what reba said, that even if eligible for TN, one would not be granted, and that going to US first, which many do, would require a 3 month wait to work, which is may be less than current Ir-1 backlog.
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TammyNew Member
Topic author
Posts: 8
Joined: 24 Jul 2007
Location: Brantford, Ontario

Post Sat Jul 28, 2007 11:29 am

Yeah, I was thinking a trip to Montreal might not be so bad afterall :wink: Except for that we'd have to take our 3 young kids, since we don't know anyone here to babysit :?

Speaking of Montreal, would my husband and I both have to go? Would I have to be there if I'm sponsoring him? And if I got my mom to joint sponsor, would she have to be there too? Or is it just for my husband?

I was wondering about that I-485. So, if I go the IR-1 route, I don't have to do that one, right? Does anyone know the best place to go to tell me all the documents I need to submit? We are looking at doing the IR-1. Is it just that for or are there more?

Can we do all the paperwork from here in Canada? And then more? We're trying to work it out so that he can find a job before we move that way he'll have one as soon as we get there. Can that be done with the IR-1?

I'm not quite understanding the DCF, but I'm going to check it out. I'll be checking out those other links too, just haven't had a chance yet. Thanks!

I remember going through this when I moved to Canada (getting my permanent residency) and I was so confused then. Then it all started to come together and it wasn't so bad. I'm still in that confused stage with this though. And everytime I go to read up on it, I literally get a headache from all the information and forms and such.

Thanks to ALL your help! I'm going to try to check out visajourney again. I'm not sure why I wasn't being able to log in.

Tammy
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waterwaterwaterlooloolooCanuckAbroad Regular
Posts: 69
Joined: 10 Jul 2007
Location: Roselle Park, NJ

Post Sat Jul 28, 2007 12:40 pm

Once you get your IR-1, you come to the US and apply for your I-485 (adjustment of status) It's the green card application. Your IR-1 is merely a visa to bring your spouse to the US, it does not give your husband the rights that permanent residency does.

The USCIS website has all the forms and the forms state the documents you have to submit with them.
Send me smarties and ketchup chips!
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TammyNew Member
Topic author
Posts: 8
Joined: 24 Jul 2007
Location: Brantford, Ontario

Post Sat Jul 28, 2007 1:10 pm

So he would still have to wait before he could work?
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nelsonaCanuckAbroad Regular
Posts: 32
Joined: 23 Jul 2007

Post Sat Jul 28, 2007 1:19 pm

waterwaterwaterloolooloo wrote:Once you get your IR-1, you come to the US and apply for your I-485 (adjustment of status) It's the green card application. Your IR-1 is merely a visa to bring your spouse to the US, it does not give your husband the rights that permanent residency does.

The USCIS website has all the forms and the forms state the documents you have to submit with them.


I'll admit my forte is employment-based immigration, but I'm pretty sure that if one applies for IR-1, one does not subsequently submit I-485. IR-1 takes care of the adjustment process.

So, IR-1 does indeed result in Permanent residency without I-485.
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