In need of adivce please

[MelMac]

Hello,

My husband is a US citizen born abroad.
We currently reside in Canada with our children.
We want to move to Florida as a family but are unsure if we qualify to file the I-130 as we do not currently reside in the US?

Is it better to wait for the full immigration process while in Canada or can we apply for the K-3 visa instead?
I am just sure what we can actually apply for since we do not reside in the USA.

Any advice would be appreciated.

Cheers!

[rayb]

Your husband must have a U.S. domicile to petition or to complete the visa process for you. He can begin the process with a foreign address, i.e., Canada, but must establish a U.S. domicile before or during your use of the immigrant visa.

--Ray B

Hello,

My husband is a US citizen born abroad.
We currently reside in Canada with our children.
We want to move to Florida as a family but are unsure if we qualify to file the I-130 as we do not currently reside in the US?

Is it better to wait for the full immigration process while in Canada or can we apply for the K-3 visa instead?
I am just sure what we can actually apply for since we do not reside in the USA.

Any advice would be appreciated.

Cheers!

[MelMac]

Thank you.
Could we even both relocate to the USA and apply there?
Or would I be banned from the USA?

I would not want that to happen at all, and want to do things correctly without being apart.

[rayb]

You wouldn't be banned. But you need a record of "legal entry" to the U.S.

--Ray B

Thank you.
Could we even both relocate to the USA and apply there?
Or would I be banned from the USA?

I would not want that to happen at all, and want to do things correctly without being apart.

[MelMac]

You wouldn't be banned. But you need a record of "legal entry" to the U.S.

--Ray B

So, since I am Canadian, legal entry is just going through US boarder on my passport?
I have 6 months I can be in the USA anyways.
That would be OK if we started the process there?
Then, he would be residing in the USA with myself and the kids.

I REALLY appreciate your help!