Husband trying to move to US

Here's our situation. I am an American citizen. I met my husband (a Canadian) and married him 5 years ago. We got married in the US and then drove back up here to Canada to live. We have been here since then.

Since our marriage, we have had 3 kids and are now in the process of getting them dual-citizenship.

We want to move back down to the states to be closer to my family. He has no family down there who can sponsor. His brother is down there, but just got PR 2 years ago so is not yet eligible to sponsor him.

I have searched and searched and the only way I can find for us to move is for him to get a workplace to sponsor him. Is this correct?

I can't sponsor because I don't earn income. And I don't think he can get a TN visa because his occupation (a Millwright) isn't on the list. BTW, I have looked for that list again and can't remember how I found it. Anyone have a link?

So, he is applying to jobs in the US. He has gotten several calls, but as soon as he tells them he has to be sponsored, they say they don't do that.

Is there an easier way to go about this? Or is this the only way to go? How can he find a job to sponsor him? Is there another way we can get to the US?

Oh, and he would need to be working as soon as we moved since he is the only one working (I am a SAHM.) So, we couldn't move and wait for him to start work.

Thanks so much for ANY information you have!

Tammy

I am in the process of putting my paper work together so I can stay and work in the USA. Moved from Brantford myself. I have been talking to USCIS an my fiance does not make enough money to sponsor me. From what I have been told is that she needs to file the I-130 ($ 355.00) for sponsorship along with a I-485 (the affidavit for support), since she does not make enough a co-sponsor can also file one. My future father in law will be filling one at the same time. You may also want to file a I-485 (application to adjust status $1010.00) and the I-765 which will get him a work permit ($350.00). He should get his work permit within 90 days.

All these forms must be filled out and sent at the same time. I don't know if you can do it all from Canada or not. The alternative would be to see if a family member would be willing to have all of you stay with them or since Canadians can stay in the USA for up to six months and file all the paper work from the USA.

If he needs to work in the USA he can work under the table, or if a company is willing, once he gets there a company can hire him as a contractor where he would receive a 10-99 and he would need to apply for a tax ID number with the IRS at year end, which does not communicate with Immigration, and once he gets his I-765 approval they can then put him on the payroll.

Good Luck.

I-485 can only be filed while legally in US.

And let's cut the 'work under the table' suggestions, eh?

The spouse of a US citizen has MANY legal roads into US, so there is no need to resort to illegality. Start with filing a I-130 and get a 'K-3' visa (needs medical), obtained in Canada, find a co-sponsor (not another sponsor, since the spouse is really in the best position to sponsor immediately), then once in US, file I-485, and as canuck sez, you will have work document in 3 months.


Just a note on the kids: they ARE dual citizens. All you are trying to do now is get them a US passport, which is not truly necessary if they have a Cdn one. They can confirm their US citizenship later, if that is more convenient. They will nevber lose either of these citizenships, even if they do nothing about it.

The fiancee process is a little bit more straightforward, but different than spouse issue.

check out http://www.visajourney.com/forums/ (VJ) great site for relationship visas!

Since ur already married, you would be applying for a K3 visa OR a IR-1 (married for over 2 yrs) visa! VJ explains the differences. in short with a K3 one isnt work elgible right away (have to apply for work authorization --EAD-- and that can take awhile
With the IR-1 one can work right away! The K3 was implemented to get couple together quicker, BUT thats not always the case! I did the K3 and cr-1 (married less than 2 yrs)and my cr-1 was completed much much quicker!

K3 interviews are completed in Vancouver or Montreal (depends where u live in Canada) and the IR-1 are completed ONLY in Montreal! Vancouver seems to be the much faster consulate, so if ur doing ur K3 interview through them, should be ok, BUT if ur k3 is going thropugh Montreal, one is almost best to just do the IR-1!

Are you a permanent resident of Canada? if so you could problay do what is called DCF--Direct consular processing-- which speeds up the process. one would be getting the IR-1 visa!

The above I mentioned is all relationship based visas. Check out VJ, lots of good info, especially on the stickies at the top of each forum. The forums most interesting to you would be:

K3 visa
http://www.visajourney.com/forums/index ... owforum=81

IR-1
http://www.visajourney.com/forums/index ... wforum=110

DCF
http://www.visajourney.com/forums/index ... owforum=82

CANADA
http://www.visajourney.com/forums/index ... owforum=93

Rereading ur post, if he needs to work right away, the IR-1 would be ur option! K3 have to wait for work authorization and that could happen in a few weeks, or a few months!

And to top everything off, as of the end of this month, the fees for immigration visas went up! joy joy!

Wow! Thanks for all the information!

flames-I tried to post on that site you linked me to but it wouldn't allow me to start a new topic. Know why?

I am so confused as I try to wade through all the information. I was trying to read more about the IR-1 but not sure I understand it.

Could someone explain (in very simple terms) exactly what the IR-1 is?

So, the IR-1 is what we would need to file for now? Does that require sponsorship? If I can't sponsor, can I get a joint sponsor? I was reading somewhere about that. Could my mom do that? Or does it have to be his family? And how would I go about that?

If we went with the IR-1, he could work right away?

Sorry for all the question, I'm just so confused about all of this and have no idea which way to go!

Thanks so much in advance!

The IR-1 is an immigrant visa, available to spouses of US citizens.

Yes, sponsorship is required (always is), and the US citizen spouse would be the primary sponsor. ANY US citizen (does not have to be family, can be willing a friend) can be a joint sponsor, if the US citizen spouse does not have adequate income. The sponsor(s) is/are responsible for up to 10 years, or until the beneficiary (your husband in this case) gains citizenship, or leaves the country permanently.

The IR-1 is permanent residency status, and will allow your husband to work right away (or as soon as he receives his SSN).

I think you can file for this directly at the US consulate in Canada now, I'm not sure if they re-instated DCF or not. If they haven't, you'll have to send the petitions and forms to a service centre in the US and wait and wait and wait.this could take up to a year, so don't start packing just yet!

As for posting at VJ, did you get a user ID and password and all that? You should be able to post right away, if not, PM or email Captain Ewok, he runs the place.

Reba-Thank you! That cleared up a lot! I do have a username and password. I'll have to contact that person you mentioned to see what's going on.

Does anyone know what the cost of the IR-1 is? Is that all I would have to apply for? Or is there something else?

My husband is currently seeking out jobs in the US for employment. Of course, they would have to be willing to sponsor. Should he keep doing this or should we just go the route of the IR-1? Or should we pursue both and see what happens? Any suggestions?

Thanks!

Unless your husband has a special skill or fits into a TN visa category, trying to find companies to sponsor you for work is almost impossible unless they seek you out personally. It's money and time for them and most don't want to commit. Also, they have to prove that there is no American worker to take the job. I looked for a job for months but no one seemed very interested.

Plus, with a US spouse and the TN visa being a non-immigrant visa, he may not be approved for it as he clearly has immigrant intent. TN also needs to be renewed annually, and this could become a pain I imagine. The IR-1 would be good for 10 years, with eligibility for citizenship application in 3 years.

Your best bet is the IR-1. The current filing fee is $190 just for the petition, but all the fees are going up next week I think it is. I don't remember what the new fees will be. There are other costs as well that you will need to consider, like the cost of the medical exam, (not covered by provincial healthcare insurance), cost of the police certificate, travel to Montreal for the interview etc etc etc.

We would have to travel to Montreal? They won't do it w/out the interview? What about the US consulate in Toronto? They don't do them there?