Which visa option is better for me to move to the US??

My spouse is a US Citizen and has a US passport and SSN, but has not resided in the US since she was 2 yrs old. We are both in our 40's now and have been married for almost 20 years and would like to move to the Southern US.

In researching this site and others, I am confused as to what/how we should get there.
Can we just drive over, find a place to rent and then file an AOS (which is a I-485 I think)....Can we wait and do all the paperwork when we get there, or do we file a K3 for me before we go, or what?? Do we do the paperwork at the border as we enter, or in the state that we want to go to??

What is the fastest way to do it? As we would like to make the move by Jan 2012
I would like to be able to move there and be able to legally work as soon as possible after I get there.

Just confused as to where we should start.
Thanks

The problem is "just driving over". If your spouse intends to live in US, then YOU aren't allowed to simply enter as a tourist. So filing once you get there is not an option, since you likely won;t be able to get there.

Your should do IR-1 now, before you go. It will be done by the time you are ready to move.

http://www.visajourney.com/forums/ is the site u need!!! Check out the Cr-1/IR-1 forum. You will see a DCF forum as well, BUT DCF is NO longer an option for Cdns as of Aug 2011.

http://www.visajourney.com/forums/forum ... rocedures/
http://www.visajourney.com/forums/forum/93-canada/
http://www.visajourney.com/forums/topic ... ei-thread/
http://www.visajourney.com/forums/topic ... in-the-us/
http://www.visajourney.com/forums/topic ... ion-guide/

The IR-1( same process as the CR-1, at the beginning--BUT since ur married for 2yrs and longer, u get the IR-1 and it comes with the 10 YR greencard) Takes round 7-12 Months from start to finish! So get a cracking!! Everything u need is on VJ. I posted some of the main links that u will need above! As well on VJ if you look near the top/middle thier is atopic that says EXAMPLE FORMS!! At the top of the IR-1 forum their is a GUIDE, READ IT!! Give u step by step instructions! The paperwork is not difficult! Its the waiting that is a killer! Ur interview will be in Montreal! ALL cr-1/Ir-1 in canada goto Montreal! With the IR-1, you can work right away.

k3 has gone the way of the dodo bird! it still technically exists, but its really no longer an option. The fastest way for u is to read the guides and submit the paperwork!!

One can NOT knowingly enter the USA with the INTENTION of staying! Yes some people do that, but get caught, as they say, you made the bed, you sleep in it,lol If one enters the USA with the INTENTION of only visiting, then end up staying, they can AOS, as they did not have the intention of staying. Lying is never a good thing and something one should NEVER do!

1 has to realize yes the USA is our neighbor, buts its a whole different country. As well read up on that link I posted above about the USA person prooving USA residency! Montreal seems to like that the USA person actually be residing in the USA. Or at least in the near past they have. maybe that has changed. But on VJ their was a fair # of Yanks that were residing in Canada with the intention of moving to the USA. Montreal would not issue the visa until the yank had returned to the USA and established residence. They had to mail in proof of that. And you will learn, Montreal is SLOW!!! Like I said, its the waiting thats the pain. Read VJ--no 1 cares more about ur situation, than YOU!

Some items you will need: LONG form birth cert(has ur parents info on the actual Birth cert) Marriage certificate. If u have been divorced, divorce cert. Police background check(easy to get) Its all on VJ. Best of luck

Ok, so if we packed up, went on vacation for 2 weeks, and decided to stay, can we not just do all the petitioning when we get there and have it all handled in the US without doing anything in Canada. I can freely enter the US right now without any issues and do it on practically a weekly basis right now just to go shopping with my wife. They would not throw her out, I highly doubt they would toss me out on my ear. Is there not a process for people already in the US and with a spouse no matter how they got there?

If you "packed up" and brought all your stuff, do you think the border guy is going to believe you are going on vacation. When you go shopping your wife is not intending to live there, and thus nor are you.

Read my post, I said if your wife intends to live in US, YOU may not be let in, not her. And if you do sneak by as a tourist, once you file AOS, you face 2 problems, first you are physically stuck in US until you get travel doc (2-3 months), and can't work until you get EAD (2-3 months). Is she going to shuttle back and forth and move everything down, while you sip Mojitos for 4 months? And it costs $$ to make these petitions, proabably more than IR-1. Second, when you provide your AOS petition, you need to declare when you came in and on what status. This will slow your process as they investigate the fraudulent intent of your tourist entry (yeah, no kidding), switching from tourist to immigrant in less than 45-90 days is considered fraud until disporoven. You will not be kicked out (only because of your wife), but your process will drag on with investigation. So more Mojitos for more months.


So, instead of being incredulous, educate yourself on visajourney. You got the time, why not do the process leisurely now, and be all set whan you walk in?

NO! You have the INTENT of staying!! Simple as that. You do not have to convince me or others on this forum what ur intentions are, I really could care less,lol I did it the legal way and slept peacefully every night! Really has no effect on anyone on he (the Cdn) get barred for life from the USA! We are passing on the LEGAL way of doing things.

The USA citizen has the RIGHT to go back to the USA, the CDN citizen has no right to enter the USA.

And yes you may get info from a lawyer to tell you to just say ur visiting then end up staying. We did! But guess what, if the authorities catch you lying,the Cdn will get banned! lawyer still sleeps peacefully, but you two won't be! .

Read VJ and get the legal way of doing things! Its an easy process, but it is NOT fast! Their is no special way to gain entry just because your married to an American. Many think that way, maybe 50 yrs ago that was the case, but it sure is not know!! And it is way worse if one comes from a country that has a high case of Marriage fraud!!

Their USED to be an option called DCF--Direct consular Filing, But for Canada, it ended in August! 1 could apply at any USA Consulate in Canada! It was faster than the normal IR-1 route(u still got the same visa) but thats no longer an option. They have tried speeding up the process as I believe you can now file some of the paperwork online! So some parts of the process may be faster than in the past, but then once it hits Montreal, it slowsssssss down!!

I would also point out that it is slightly more forgivable -- in CIS eyes -- for a single Cdn to go to "visit" and then marry shortly thereafter, since, in fact, you were not marrried when you entered US.

But an already married person does not get that benefit of the doubt.

Is there any way to go without having to go to Montreal...like can I go over to an office in the US and do whatever paperwork to get a IR-1..(or since I would already be in the US at that time would it not be the IR-1??)
What do they do if we just show up at the immigration office at the port of entry?
I have been reading several posts and want to do this legally as long as it doesn't take years...and since I am 8 hrs away from Montreal I do not relish the time and expense to go their when I am only 20 mins away from the US right now.

Montreal is the only Consulate doing these. IR-1 is a Consular process, thus it can't be done in US , since US doesn't have any Consulates in US.

If you just show up, they will just deny you entry. Read some posts on this site for all the poor dears who can't be with their hubbies because they tried to sneak in or even just visit them. you would then have to file IR-1.

Moving to US is a privilege.. If you're willing to move with a bunch of crackers in the Southern US states, you can put up with a week in Montreal.

Btw, to do the process legitimately from within US , you could FIRST -- before moving -- either get a job transfer (L status) or get a professional job (H1 status) before moving -- if you qualify These unique 2 statuses specifically allow you to enter US even if you did plan on immigrating ,and file AOS without any problems.