implication of receiving social assistance

[t.daphne.kean]

I am Canadian born and raised and have been married to an american since Dec. 14 '07. We got married in the states (Canyon Country, California). He arrived in Toronto here Dec. 28 and we had plans for HIM to immigrate here, but it just didn't work out. Now he's moved back down to Los Angeles to make our fortune. Financially we're not doing so well at the moment and it looks like I might have to apply for welfare/social assistance. Will this affect my Permanent Resident/Green Card application?
How much is it to apply for Permanent Residency and where do I get all the application forms?
Do I automatically get a Green Card with the Permanent Residency?
I was told something about a Green Card being issued mandatorily to a spouse of an american within a certain amount of time of said spouse arriving in the states to live, is this true?
Lastly, from the research I did so far, it looks like I cannot get dual citizenship, that if I want to IMMIGRATE, I have to renounce my Canadian citizenship, is there any way around this? I know that Americans can get dual citizenship when they immigrate to Canada. Can I apply to get Canadian Citizenship after I get my American citizenship?

Thank-you, I hope I didn't have too many questions!

Sincerely,
T.Daphne Kean

[Reba]

Are you currently in the US or in Canada?

As a sponsored spouse of a US citizen you CANNOT apply for social assistance, it is a "means tested benefit" and the sponsorship affidavit of support agreement that your spouse will/or has signed clearly states that means tested benefits are not available to you. If you do apply and receive any benefits, your sponsor spouse will be liable to pay them back.

You CAN apply for citizenship when you're eligible (typically after 3 years of legal permanent residency when based on marriage) and NO you will not lose your Canadian citizenship. There is however a line in the oath of naturalization that you will renounce all other citizenships, they don't currently enforce you to do so. If you can choke out the oath, you're ok.

Current fees for adjusment of status to permanent resident is $1010, non refundable.

Check out http://www.visajourney.com for info on marriage based immigration to the US.

[t.daphne.kean]

I am currently in Canada. I understand that once in the states I cannot apply for any kind of benefits, but I was specifically wondering if me receiving benefits up here in Canada, even once, before starting the permanent residency application would affect that application for permanent residency. How do I start the process of acquiring permanent residency and getting my green card from here in Canada? Once that process is started from in here in Canada, when would it be "safe" (papers all in order and approved) for me to go to California to join my husband?

[Reba]

That was not clear in your first post. And I don't think it would have affect on a green card application, however your husband will definitely have to prove ability to support you on the affidavit of support. Currently the amount required for a household of 2 (assuming you have no children either of you are responsible for) is $17,500 annual income. If he does not have that, then he'll need to find a co-sponsor willing to sign paperwork with an undertaking to promise to the government to support you for up to 10 years.

As for the paperwork, your husband will need to submitt an I-130 petition to a USCIS service centre, (likely California) and wait for that to be approved. (with a whole whack of other paperwork you'll both need to gather up) Once that is approved, you will be sent a package from the US consulate in Montreal, and you'll have to complete all that paperwork before htey'll schedule you an interview. You will have to travel to Montreal for the interview.

Currently spousal sponsorships and applications for green card are taking about 1 year.

Check out http://www.visajourney.com for information on marriage based immigration to the US. Specifically you'll want the CR1 forum. CR1 is the spousal immigrant visa you will need to petition and apply for.

[t.daphne.kean]

Sorry I didn't make that clear. My husband's annual income will not be an issue. From what you're saying, it looks like I don't start any of the paperwork applications from up here in Toronto? Is there anything I can do to start the process here in Toronto? We visited the U.S. Consulate a few months ago and it looked like we (I) could get the interview right at the consulate in Toronto. I read what you wrote about not being forced to renounce other citizenships when you utter your oath, but that makes me uneasy. I really want to keep my Candadian citizenship. Regardless, it sounds like I have to start out with permanent residency/green card. Say, am I allowed to vote if I have Permanent Residency?

Thank you so much for all your attention on this!

Mrs. Vasquez

[Reba]

No you can't file anything at the consulate in Toronto, unless your spouse is a legal permanent resident of Canada. If he has no legal status in Canada, then everything has to be filed via a service centre in the US, and then thru the consulate in Montreal.

No, you cannot vote with permanent residency. Only citizens can vote.