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So sorry if this is covered elsewhere, but I haven't been able to track down a concrete answer to this question.
I'm a Canadian citizen and my husband is an American citizen. We were married in August 2018 in the USA. Following our wedding we lived separately in our respective countries. In January 2019, he moved up to Canada and we filed for his Permanent Residency and work permit. Maybe 6-8 months later, he became a permanent resident of Canada and has been living and working here ever since.
Recently he re-enrolled remotely in an american law school. We're considering our next steps, which will likely result in moving to the USA at some point - but we don't have any clear idea of when or where we'd move to.
My question is - if say, in a year's time, he graduates law school and lands a job in Cleveland... Will I be able to move with him at that time and apply for my green card from within the USA? Canadians don't need a visa to enter the USA, only their passports - understood to be on a temporary visitor visa. I read that entering the USA with a non-immigrant visa with the intention to reside permanently is considered fraud. But I've also read that K-3 visas can take as long to process as the green card applications. Is there no option to stay together while waiting for domestic (USA) filing to process?
I know a consular process abroad is an option, but:
1) Can I start that process any time, with my husband living in Canada as well? We don't know when we'll move and are trying to avoid a situation in which we have to live apart for any time at all. What if the consular processing is approved well before we have any plans to move?
2) It's not ideal as the interview would then be in Montreal, Canada - clear across the other side of the country for us.
Am I overreacting and this is something that is rarely an issue in reality? Would love to hear what others have done.
Thank you for any advice or insight you can provide!
I'm a Canadian citizen and my husband is an American citizen. We were married in August 2018 in the USA. Following our wedding we lived separately in our respective countries. In January 2019, he moved up to Canada and we filed for his Permanent Residency and work permit. Maybe 6-8 months later, he became a permanent resident of Canada and has been living and working here ever since.
Recently he re-enrolled remotely in an american law school. We're considering our next steps, which will likely result in moving to the USA at some point - but we don't have any clear idea of when or where we'd move to.
My question is - if say, in a year's time, he graduates law school and lands a job in Cleveland... Will I be able to move with him at that time and apply for my green card from within the USA? Canadians don't need a visa to enter the USA, only their passports - understood to be on a temporary visitor visa. I read that entering the USA with a non-immigrant visa with the intention to reside permanently is considered fraud. But I've also read that K-3 visas can take as long to process as the green card applications. Is there no option to stay together while waiting for domestic (USA) filing to process?
I know a consular process abroad is an option, but:
1) Can I start that process any time, with my husband living in Canada as well? We don't know when we'll move and are trying to avoid a situation in which we have to live apart for any time at all. What if the consular processing is approved well before we have any plans to move?
2) It's not ideal as the interview would then be in Montreal, Canada - clear across the other side of the country for us.
Am I overreacting and this is something that is rarely an issue in reality? Would love to hear what others have done.
Thank you for any advice or insight you can provide!
