US Citizen Marry's Canadian...Need Advise Please

[BluesGeek]

Hello, firstly, this is a great site for related information, but it can
get somewhat confusing. After sifting thru all 69 pages of threads
dealing with Marriage, 1-130, ect...I think I have a grip on the reality
of our situation, but would appreciate some clarification.

Here's our story:

My "now" wife came to visit me in Hawaii on a tourist visa from
Canada in May, 2009 for 5 weeks. We got engaged while she was
here. She went home for a month, then came back for another
5 weeks in late June. We got married on July 22, 2009. She then
returned to Canada on July 30th.

I know the 1st step is my filing the I-130. She has a 14 year old son.
If I read the threads correctly, this means I must file 2 seperate
I-130's...one for my wife, one for her son?

Most threads seem to indicate that she should skip the K3 visa
application, and go for the CR1 visa, although this can take up
to one year for process time. Well, we don't want to be apart
for a year if we can help it. After all...we're newlyweds...)

At first, we were being romantically nieve and caught up in the
dizzyness of Love...and ingorantly thought, "we'll just have her
return to Canada, sell all her stuff, come back on a tourist visa,
lie if we have to, just get her back here asap"....but now, after
reading so much info on this fantastic site, reality has set in, and
we are going to do it the correct way. Whatever that is. The risks
in being deceitful are not worth the punishment in the long run.

I have so many questions, so lets just start with the I-130 process.

Because of what I like to think of as "medigating circumstances",
we are thinking of hiring a Immigration laywer. Here's the story:
I am the sole caretaker of my mother, who is a cancer survivor,
and recently had a heart attack. She owns her own home here,
which we recentley had set up with a reverse morgage. I have
not been employed for the past year, so I'm wondering how that
might affect the I-130 application, with me being her sponser
and all. So this is why we are seriously considering a laywer.

I cannot go back to work full time & care for my mom full time.
Our plan was to have my wife here with my mom, so I can go back
to work. It's very frustrating...my 1st marriage at age 52...my 1st
REAL LOVE of my life as well...now seperated by legal complications.

Would I be wise to hire a laywer to help with my "medigating" I-130
application...now that you've heard my story???

I know the I-130 is the first step.

Then, perhaps my wife applying for a visa on her end.

She is planning on keeping a residence in Canada, bank accounts,
etc....but coming back so we can be a family, and to help care
for my mom. Hopefully, she will be able to return on just a tourist
visa, as long as we remain honest with Immigration, and the I-130
has been filed.

We were somewhat blinded by love...and still are...and
that within itself is a wonderful thing...but we really want to do this
right, so we can be together forever.

I will have many more questions and posts as the situation unfolds...

Thank You for allowing me to be a part of this wonderful forum!

Any advice and help are truely appreciated by me & my wife!

~Donnie & Tammy~

[Reba]

you're best off to see the information and forums at http://www.visajourney.com ALL the information plus Guides and example forms are already there for you. Plus hundreds of couples in much the same situation as you there to help and support.

[BluesGeek]

Im sorry...I put my heart and soul into my post...

I'm sadly dissapointed. I feel....dismissed.

Was just wanting an opinion...after spending 2 days on this site
and 2 hours composing my post.

Maybe someone else might have an opinion on my situation?

I try to not let my emotions enter...
but easier said then done.

[Reba]

And every single thread around here I post the same response to anyone who is in the same situation. Go to Visa Journey. They're the marriage based immigration forum. We're not. Why recreate the wheel when they have a perfectly nice one over there?

You will have to do the CR1 visa for your wife. Submitt th I-130 petition, wait for that to be approved. Then the NVC will send you more paperwork to complete, and charge you more fees. Then your wife will be sent a package of paperwork to complete, and pay more fees. Then in a few months she will have an interview at the US consulate Montreal. Expect the process to take about 1 year.

If you file the I-130 and she tries to visit, she may well be denied entry because she is married to a US citizen (this is also covered in depth in previous threads, and at Visa Journey). If she has no job to get back to in Canada, the likelihood of being denied is even greater, regardless if she keeps bank accounts open or not.

Taxwise after she moves to the US if she keeps financial ties (bank accounts, property, RRSPs etc) filing taxes in both countries will be a bitch. I suggest a book called The Border Guide, and a consult with a financial advisor in Canada before she moves.

And lots more info and advice and etc etc etc ad nauseum at Visa Journey.

[Dremani]

Im sorry...I put my heart and soul into my post...

I'm sadly dissapointed. I feel....dismissed.

Was just wanting an opinion...after spending 2 days on this site
and 2 hours composing my post.

Maybe someone else might have an opinion on my situation?

Why do you feel dissmissed? What type of advice are you really seeking? I thought Reba gave you a good lead. Well thats my opinion anyway...

[lawsrlaws]

Answers.......

Your wife is no longer a tourist. The day you got married she became an intending immigrant. Any Officer will recognize this.

Mitigating Circumstances....US Immigration does not bend because of circumstances. You will need to be able to support your wife Before she is allowed to come to the USA. She will not be allowed to enter to take care of your mother.

Lawyers.....yes lawyers...Immigration Lawyers will tell you what you want to hear, but in the end its up to the CBP Officer. They will tell you to just say your visiting, and then never leave. The problem with this is that we are not that stupid, you will get caught, and then banned from the USA for five years for fraud.

I know this is not what you want to hear, but it is the Law.

Reba gave you the information you will need.

[BluesGeek]

I Thank everyone...maybe this is the wrong place afterall.

I simpy posed the question: Does anyone think I need a laywer
to help file my I-130. It's a very straight-forward question I
thought. People have responded to allot of things: Except the
one thing I asked about...lol.

I know about Visa Journey because the link is there in many posts.
I've signed up and will begin the sifting tommorow.

I was just looking for some outside - inside - anything - opinions.

Sorry to have bothered anyone.

I'm a very friendly person, just looking for any help of any kind I can
get before I do contact a laywer.

Well, the friendship factor seems non-existant here...
and the attitude seems to be rather cold...wheres my coat?

Maybe I'm just too sensative right now, so forgive me.
So why do I feel like I walked into a party I wasn't invited to?

aint life a biatchii...good luck & aloha to all...

and with that said...I'll just take my leave.

Maybe the weathers nicer over at Visa Journey!

[Reba]

No, you will not need a lawyer, they can't do anything for you that you can't do yourself except waste your money.