ForumTitleContentMemberSexCountryDate/Time
IR-1 / CR-1 Spouse Visa Process & ProceduresI-130 Dazed and Confused! Need Help!
Hi,

If my husband is the main bread winner (income) of our family, how can I prove that I (a stay at home mom) can undertake him? We share a joint bank account, and he owns our home here in Canada. Would a copy of our bank account and proof of his assets work, or do they have to be in my (the sponsor's) name?

Also, while we are in the midst of this application process, is my husband allowed to cross the border into the States with me, as a visitor, to see my family, or are we stuck here until the visa journey is complete?

When I went to complete the I-130 form in section 15, I noticed that it asks for name and address of employer for the beneficiary. Is that referring only to a beneficiary who is already working in the States, or should I list my husband's current job in Canada?

In section 16 it asks if my spouse 'has ever undergone immigration proceedings'. My husband temporarily held a TN-1 work visa three years ago, but then it expired. Should I answer yes or no to whether he has undergone immigration proceedings? They have allowed him to enter the States as a visitor since then, but he always has to prove his ties to Canada before they let us through.

Thanks Again,

Jessica
JVTFemaleCanada2012-01-10 15:41:00
IR-1 / CR-1 Spouse Visa Process & ProceduresI-130 Dazed and Confused! Need Help!

Follow this -> http://www.visajourn...p/EZGuideSpouse
and be able to prove up :
1. USA Domicile
2. USA Income or assets

by interview day.

Good Luck !



Thanks, Darnell,that was incredibly helpful!

Jessica
JVTFemaleCanada2012-01-09 11:31:00
IR-1 / CR-1 Spouse Visa Process & ProceduresI-130 Dazed and Confused! Need Help!
Hi All,

I am confused about how to apply for Immigrant Status for my Canadian husband. I live in Canada with my husband and we would like to move back to the States. I have now read conflicting information on Department of State website... can I apply for the I-130 even though I am currently residing in Canada, or do I have to actually move back to the States?

They no longer have a DCF desk in Canada, so the instructions that I read on the consulate website said to file by mail to the Chicago Lock Box, but then I read on the FAQ's on Dept. of State website that I am not eligible to even file if I am living abroad. Can someone help me figure out if I can move back to the U.S. with my husband, and how I am supposed to go about it? Feeling very desparate for advice!

Thanks a million,

Jessica
JVTFemaleCanada2012-01-08 21:32:00
IR-1 / CR-1 Spouse Visa Process & ProceduresIs my spouse possibly inadmissable/ineligible?

He would still need to show the same sort of proof he already has on prior visits and together with the CR-1 NOA1 it should be fine. Proof that you're going through it the legal route. He still runs the risk of being denied entry of course but that doesn't ruin his chances with the visa at all because he would be denied for immigrant intent which is the whole point of the Cr-1 visa :D


Again, thanks for all of the info, I am very relieved!
JVTFemaleCanada2012-01-11 22:26:00
IR-1 / CR-1 Spouse Visa Process & ProceduresIs my spouse possibly inadmissable/ineligible?

No he hasn't undergone immigration proceedings. Thats if he went before an immigration judge and real serious stuff like that.

This issue wouldn't be an issue at all.


Thank you, that is such a relief to hear! Do you know if crossing into the United States to visit family while we are applying for my spouse's visa would be an issue? Would the border deny my spouse entry as a visitor while we are applying for his permanent residency? I have a major family event around 4th of July, and if we're not finished with this process by then, I worry that we will not be able to go if the border denies my spouse, based on the fact that he wants to enter as a visitor but is simultaneously applying for permanent resident status.

Thanks again
JVTFemaleCanada2012-01-11 21:22:00
IR-1 / CR-1 Spouse Visa Process & ProceduresIs my spouse possibly inadmissable/ineligible?

unless he had an overstay in the US, it shouldn't be a problem. Visa/border denials do not impact new petitions. Good luck!



Thank you, Gabbi. When we found out that we were expecting our first child, my spouse quit his U.S. job and we moved to another state where my family lived, but my husband did not report that he had left the job that was sponsoring his TN-1 visa. In that regard, he did over stay his visa, but only by a matter of weeks. We then went up to Canada for a wedding and when we tried re-entering, that is where we were turned around just for that day, but was told to come back and re-enter the next day. Do you still think that it should be a non-issue for our application process?

Also, on the form I-130, when they ask if my spouse has ever undergone immigration proceedings, should I say yes or no, considering our above experience?

Thank you
JVTFemaleCanada2012-01-11 20:57:00
IR-1 / CR-1 Spouse Visa Process & ProceduresIs my spouse possibly inadmissable/ineligible?
Hi,

Three years ago my husband was caught at the border with an expired TN-1 Visa. The border turned him around and allowed him through the next day as a visitor, because we are married and I was pregnant at the time. Since then, we moved to Canada and have been living there. We cross into the U.S. to visit my family, and after questioning my husband, they let us through. We now have two children and would like to move back to the States.

Will our past incident with the expired TN-1 Visa make my husband inadmissable/ineligible for a spousal immmigrant visa? My two children have dual citizenship in Canada and the United States, and I am a United States citizen. Any advice is a greatly appreciated!

Thanks alot,

Jessica
JVTFemaleCanada2012-01-09 11:48:00
IR-1 / CR-1 Spouse Visa Process & Proceduresi-130 Filing Fee instructions... odd conundrum

You can also open a US RBC bank account (which is based in the US) at any Canadian RBC branch as long as you have a Canadian account. They do the paperwork up here and fax your application down. I opened a Canadian account and did the paperwork for the US account at the same appointment and US account was opened the next day. You can transfer money back and forth between your Canadian and US accounts online without any hassle. I could have gotten checks for my US account but I haven't bothered yet.


That's super helpful, thank you. My spouse already has an account with the Canadian RBC Bank, so hopefully that will all go smoothly. From what I read, the instructions were not only requiring payment to be in U.S. funds, but also, the funds had to be drawn from a bank inside the U.S.A. This is where the complication lies for me... acquiring funds in U.S. currency is quite easy here in Canada, but having it drawn from a financial institution in the States is a whole other thing.

Thanks again
JVTFemaleCanada2012-01-12 12:23:00
IR-1 / CR-1 Spouse Visa Process & Proceduresi-130 Filing Fee instructions... odd conundrum

We are in the exact same boat as you, my spouse is the USC. Fortunately we live in a border city and almost weekly head over to the US. We just went over and she opened the US bank account and we got money orders. Any of the above ways of getting payment should also be acceptable.
Not sure if you are in the same situation as us, but the hard part for us is the AoS (It seems harder to do because my usc does not reside in the US and we have always been in Canada) All of our employment and taxes have been in Canada. My spouse filed her US taxes a few years back, but it seemed pointless since we never ended up owing any taxes to the US. Now we have had to file the last 3 years just so we can have it current for the I864. Never having W2's and 1040's make this difficult.


Yes, we are in a similar boat, however I have continued to file my U.S. taxes online since moving to Canada. I haven't recieved any tax returns, so that might be tricky for me. My Canadian spouse is the breadwinner, so I don't have to work, but it does make things more complicated, tax wise. How did you find out what you needed to do?
JVTFemaleCanada2012-01-12 12:18:00
IR-1 / CR-1 Spouse Visa Process & Proceduresi-130 Filing Fee instructions... odd conundrum
Hi,

I (the U.S. citizen and petitioner) live in Canada with my Canadian spouse. I would like to file the i-130, however I was just reading the instructions for submitting the filing fee, and it said that the check or money order must be drawn from a bank or financial institution in the United States. How am I to obtain that if I am currently living outside of the U.S.? I can't just take a jaunt across the border to go buy a money order... any advice is greatly appreciated!

Thank you
JVTFemaleCanada2012-01-11 22:33:00