[colin2496]

Hi

I am married to a USC and we have lived in the UK until July of this year. We have been married since March 2008. I recently (1st September) took a job in Winnipeg Canada as an Electrician. However things are not working out already!! The job isn't at all what it is was supposed to be and more importantly my wife dislikes the area greatly!

She/we have decided that we should move back to USA to be near her family and friends. How quickly could we achieve this and what would be the best route to achieve this?

Also I am about to get my Canadian Red Seal Qualification (journeyman electrician) does anyone know if this will help me in obtaining a job in the USA? I have 20 years experience in the trade in the UK and when I applied for the Canadian job the guy wasn't worried that my qualifications where from the UK. It seems from carrying out work at my in-laws that US system is almost if not the same as the Canadian system.

Sorry for the life story just wanted people in the picture


All help appriciated.

 

[twostep]

Let's hope you did not violate city/county codes at your in-laws' house - insurances can be pretty funny.
Google for electrician licensing for the state you plan to move to.

 

[colin2496]

I did it all to the NEC 2008 so should be good. I was hoping for more info on the immigration side of things, which forms to use? I know we have to do the I-130 then after that I'm lost. Wondered how long the time scale would be and if I could do it from in country?

 

[Bevdeforges]

I did it all to the NEC 2008 so should be good. I was hoping for more info on the immigration side of things, which forms to use? I know we have to do the I-130 then after that I'm lost. Wondered how long the time scale would be and if I could do it from in country?

If I understand the process correctly, it will be up to your USC wife to convince the immigration people that she can adequately support you when you move to the US. It may be necessary to resort to getting her parents (or someone else) to act as co-sponsors if her personal resources aren't sufficient to get you into the country.

Fatbrit will be along shortly, I expect, with details, but although she can go ahead in order to start the process (i.e. find a job and/or housing to use in the petition), you can't start the process from within the country.
Cheers,
Bev

 

[twostep]

http://www.uscis.gov/files/form/i-134.pdf

Go through the whole form. It is necessary to show proof of funds not income. Of course you have the option of using a co-sponsor.

 

[DesertStranded]

If I were you I would apply for the CR-1 visa through Direct Consular Filing. I'm married to an Iranian and we are doing DCF through Ankara. I sent the forms in to the embassy the first week in October and my husband's visa interview has been scheduled for mid-December. Since my husband is Iranian he will probably get stuck in Administrative Processing for a few months after the interview though. But for you, the DCF process (the quickest way to get a visa) would probably only take anywhere from 2-6 months to get a visa. Your wife will need to get a co-sponsor though. <snip>

The first thing you need to do is go to the website of the American embassy in Canada to see which forms they want you to send in first.
You can find a list here: http://www.consular.canada.usembassy.gov/immigration_usa_relative.asp

Filing Instructions
Please refer to the instructions on the I-130 Form itself.
Download Form I-130

Documents required at the time of filing an I-130 at U.S. consular officers in Canada:

* Form I-130 for each intending immigrant, regardless of age.
* Payment of the filing fee for each I-130 of US$355. Payment may be in cash or credit card if applying in person. If initially by mail to Toronto, it may be by US$ money order or cashier's check. A receipt is returned to the petitioner after filing.
* Two Biographic Information Forms (G-325A) - one for the petitioner, one for the beneficiary; with recent passport-style photo attached to the bottom right corner or the form.
* Evidence of the petitioner's U.S. citizenship, such as a U.S. passport, U.S. birth certificate or U.S. Naturalization or Citizenship Certificate.
* Evidence of Petitioner's legal long term residence status in Canada, such as a provincial healthcare card, provincial driving license or Canadian immigrant card.
* Petitioner's complete long form birth certificate (if filing on behalf of a parent.)
* Beneficiary's complete long form birth certificate.
* Both parties' Current complete marriage certificate.
* All parties divorce decrees or death certificates showing termination of all prior marriages of petitioner and beneficiary and any derivative relatives, if marriage is the basis of the qualifying relationship, i.e. spouse or stepchild relationship.
* If applicant's name is different from that on his/her birth certificate, all past marriage certificates, court decrees or other legal evidence of a name change.
* Original documents (i.e. civil records issued under the original seal, stamp or signature of the government or official custodian) must be presented to the U.S. consular officer together with a photocopy. Original documents will be returned. Any document written in a language other than English must be accompanied by a certified translation.
* You may photo-copy your U.S. naturalization certificate for use by the U.S. Government contrary to the prohibition stated on the certificate. If the petitioner submits photocopies to Vermont, the beneficiary must submit the originals at the time of the immigrant visa interview.

I don't think you can submit the forms to the consulate in Winnipeg though.

 

[colin2496]

Ok thanks so much, is it for sure that I have to be out of the country whilst the application goes through? Can I obtain a work permit while i am waiting for my PR status?

 

[DesertStranded]

Be sure to make 2 copies of the entire packet before you send it in.

Generally, you should be out of the country while you wait for the visa. Trying to enter the US before the visa has been issued can sometimes lead to people being turned away at the POE. You can't work until you receive the visa. The CR-1 visa that I suggested you apply for through the DCF process will allow you to begin working as soon as you arrive stateside. Once you have mailed all your forms in, had your interview and have been approved they will mail a sealed envelope to your address in Canada. You are not to open it or lose it. It is your greencard info. You carry the unopened envelope with you and present it to the Immigration Officer at your POE. They might search your luggage at that time. Dealing with the IO can take anywhere from minutes to hours. Make sure you schedule accordingly if you have a connecting flight to catch. They should stamp your passport. You will then enter the US as a PR and receive your greencard within weeks. Until you receive the official greencard in the mail, the stamp in your passport counts as your greencard for work purposes.

Here's a link to the DCF process through Canada: DCF Canada: Yes Virginia, You Can - VisaJourney.com

General DCF info.: VisaJourney.com -> Direct Consular Filing

When you get to the point of filling out the DS-230 Part II, question 43a. make sure you check the box that you want the SSA to assign you a SSN. Then you should receive a Social Security card sometime after arrival. This is very important. You will need a SSN to apply for work and will need it the rest of your life in the US.

 

[colin2496]

Ok so I'm gonna file a CR-1 visa, if I do that route can I file the I-485 at the same time as the I-130?
Also we are due to return to the USA on the 12 Dec for a few days then fly back to blighty for Christmas and new year. Is this likely to cause a problem at the border if I have filed paperwork for PR?
Obviously we have our tickets that fly out of the US on 17 Dec which I hope will show intent to leave the country.

Has anybody had experience of this?

 

[colin2496]

If I obtain a green card and then decide to return to the uk to live for a while would i have to surrender my green card? (not that i intend to)?

 

[Fatbrit]

How long's a while?

 

[colin2496]

maybe a year or so?

 

[Fatbrit]

maybe a year or so?

Pushing it.

Generally: under 6 months and you're fine. Six to 12 months and they're questioning you hard. Twelve months and more and you'll be in immigration court to argue whether or not you have abandoned residency.

You can apply for a re-entry permit that gives you 2 years. but you need a valid reason to get one. Look at the instructions for an I-131.

 

[colin2496]

Ok just thought i'd ask as i still have ageing family there etc so could have to visit for long periods if they were ill.

thanks for your help

 

[Fatbrit]

Ok just thought i'd ask as i still have ageing family there etc so could have to visit for long periods if they were ill.

thanks for your help

That's actually a very good reason for a re-entry permit. You need to apply before you leave, though.