My wife and I are thinking of moving to the US from Canada. My wife has had a Green Card since she was a little kid (with no expiration date). We would like to eventually apply for a Social Security number for her and a Green Card for myself. We are both educated professionals with university degrees and substantial savings (not sure if that has any relevance... does it?).
Would we be better off applying from Canada of have her go down to the US and apply for me from there? The catch is that we don't really want to spend 3-6 months apart and I've heard that's about how long it would take for the application to be processed. I know that I could always go down there and not work until the application is approved but I don't really feel like spending so much time unemployed... any ideas?
2006-09-01 03:43:04 · 9 answers · asked by bucky 3 in Politics & Government ➔ Immigration
I definitely want to do it the legal way, I'm just not sure what it is.
2006-09-01 03:52:40 · update #1
Whoa!! Slow down. First of all you say your spouse has a green card that does not expire since she was little kid. If she has been out of the U.S. for more than one year without maintaining a domicile in the U.S. she could be in danger of losing her green card status upon discovery of this by the immigration service. Secondly, if the card is bluish in color, issued up until 1979, that version of card has been obsolete since about 1995, if it is a bone color it's o.k. Third, if she does petition for you, as the spouse of a green card holder you would be under the 2nd preference category which takes from 5-7 years for a visa to become available, which means you would not be eligible for a work permit while the petition is pending and would have to wait the 5-7 years before you are allowed to reside and or work in the U.S. Your spouse not having a social security number will raise a flag.
2006-09-01 04:04:51 · answer #1 · answered by rickv8356 5 · 1⤊ 0⤋
You also need to be careful about thing. If your wife has lived in Canada and not in the US they may just withdraw her green card at the border.
They will ask her at the border about how long she stayed outside the US. If she says something what is longer than half a year then they may take the card. I think this applies to all cards.
Next question - are you sure that she does not have a SSN - or at least a Tax number (ITIN or so )? Please double check. I was under the impression that every greencard holder has to have one and has to file their taxes with the IRS every year - regardless of where they live. Some countries ahve treaties with the US so you don't pay taxes in both countries and others don't. As a greencardholder and citizen howerver you have to file in the US. So you need to reserach that - becaue this could potentially give you a big headache with the IRS about back taxes and penalties.
Let's assume both things above are fine then the next is that she as a greencard holder can apply for citizenship which takes about
3-6 months.
Then as a US Citizen she can sponsor you to get a green card. It will take a bit for you to get that. So add this to your 3-6 months. As a marriage greencard holder then you can apply for citizenship after 3 years.
In any case you have to try everything to stay legal in this whole process. One mistake and they wil abort the greencard and citizenship process. . Fo greencard and citizienship your are researched much more deeply than ever before.
Your situation sounds special and a bit shaky. It sounds however like you can afford a US immigration attorney and I would highly recommend that you seek the help and advice of a good one.
Also - it does not really matter how much moeny you have although it helps if you can prove that you will not become a social emergency.
If your greencard immigration pathway via your wife fails you can start an own business and employ people. That provides and accelerated path to a greencard.
oh - one more thing - not working and having play time is one of the best things espcially if you chose California or another "outdoor" state.
Good luck, America rocks!
2006-09-01 04:05:43 · answer #2 · answered by spaceskating_girl 3 · 0⤊ 0⤋
You have a couple of issues here.
First off, although your wife possesses a green card, if she has not maintained a residence in the US and does not fall into the exceptions that allow her to reside outside the US, she may have abandoned her status and one of two things will happen to her when she enters the United States. She may be asked to give up her green card voluntarily, or she may be set up for a hearing in front of an Immigration Judge to determine if she is still entitled to the LPR (green card) status. If she has to go before an Immigration Judge, her ability to travel will be restricted. Obviously, the outcome of that decision will have a significant impact on her ability to petition for you to get a green card.
If she is still entitled to her LPR (green card) status, then you need to check on the current waiting period to get a new green card. You can get that information at either the American embassy or at www.uscis.gov. The waiting period is sometimes referred to as the "priority date," meaning the date that the green card was applied for. This waiting period is different for all countries.
Since you are both educated professionals, you have other avenues to pursue to move to and work in the United States. You can apply for a working visa at the American embassy. Although as Canadians you are exempt the visa requirement, you are still required to apply for the status. The only thing you are exempt from is the physical piece of paper that goes in your passport. You still need to pay the fees and make the applications at the embassy and you are generally given an I-797 as evidence of your status.
Do not get a TN visa if you intend to get a green card, as this status precludes that possibility.
Whether your or your wife has a social security number is essentially irrelevant to any proceedings.
2006-09-01 16:57:34 · answer #3 · answered by some guy 2 · 0⤊ 0⤋
Both of you need a Green Card. Your wife is not an American Citizen with a Green Card.
2006-09-02 21:55:23 · answer #4 · answered by Anton Mathew 5 · 0⤊ 0⤋
You need to do it the legal way. There is a reason for this. It does not matter what you do for a living or how much money you make, you must become a citizen legally or you will not be welcome here.
2006-09-01 03:48:23 · answer #5 · answered by diturtlelady2004 4 · 0⤊ 0⤋
Since you are already outside the country, you can apply to be processed outside the country; which may actually be faster for you.....
2006-09-01 07:25:17 · answer #6 · answered by boston857 5 · 0⤊ 0⤋
You should contact the U.S. Citizenship and Immigration Services.
2006-09-01 03:49:15 · answer #7 · answered by bornagain 2 · 0⤊ 0⤋
I suggest that you do it from Canada...then you can wait it out together.
2006-09-01 04:44:46 · answer #8 · answered by Anonymous · 0⤊ 0⤋