Marriage-Based Green Card Guide for Canadians Married to U.S. Citizens

If you are a Canadian married to a US citizen, you may be eligible to apply for a green card which allows you to live and work in the country permanently. As a Canadian you have two options – apply in the U.S. on B-1/B-2 status or complete the whole process in Canada. Each application method has advantages and disadvantages that will be discussed in this article. Here’s what Canadians need to know about each of the options.

Option 1. Applying at a US Consulate in Canada (Consular Processing)

If you prefer to stay in Canada while your immigration application is being processed, you can choose the so-called “Consular Processing”. This option works best for those applicants who need to travel internationally while their visa application is pending. This type of spousal application can take up to 18 months to complete. The consular processing consists of the following three steps.

Step 1: Submit Form I-130

The process starts when your U.S. spouse submits Form I-130 (Petition for Alien Relative) to U.S. Citizenship and Immigration Services (USCIS). This form initiates your immigration petition and is used to establish the validity of your marriage. The form can be filed by mail or online (recommended) on the USCIS website. Besides Form I-130, the Canadian spouse must fill out, sign and date Form I-130A, Supplemental Information for Spouse Beneficiary that gathers the address, employment history and information about applicant’s parents. This step takes about 1 year to complete. Once Form I-130 is approved by USCIS, the Canadian spouse can move to the next step.

Step 2: Wait for Approval and Forwarding to NVC

USCIS forwards the approved petition to the National Visa Center (NVC). The NVC will issue a case number and details on how to submit the additional documents such as Canadian citizen’s civil documents (birth certificate, police certificate, US visa type photograph and passport), US citizen’s Affidavit of Support and proof of income (the latest Internal Revenue Service tax transcript, federal income tax return, W-2 and 1099 forms). The second step is completed online and typically takes anywhere between 2 weeks to 2 months to complete.

Step 3: Interview at the US Consulate

Once the NVC clears all your documents, you will receive an email containing the visa interview appointment time and date at the U.S. Consulate in Montreal or Vancouver. It typically takes about 2 months to get an interview scheduled. Canadian citizens will need to complete the medical examination prior to the interview. Medical forms can be completed only by authorized doctors as outlined on the US Consulate Montreal or Vancouver web pages. At the time of the interview, the consular officer will ask a number of questions related to your relationship to the US citizen petitioner and your background. It is crucial that you bring all the required original documents and photocopies as instructed on the US consulate’s website. Failure to bring any document will result in visa refusal and significant processing delays. The US citizen petitioner is not required to attend the interview.

Step 4: Get an Immigrant Visa

Once your visa is approved, your passport with a stamped immigrant visa will be returned to you. An immigrant visa is typically valid for 6 months. It authorizes a Canadian spouse to gain entry into the U.S. as a lawful permanent resident. Your original green card will be mailed to your U.S. address within 3-6 months after your arrival date.

Option 2. Adjustment of Status (Applying in the U.S.)

For Canadians who are physically present in the United States on a valid visa – such as a B-1/B-2 tourist or TN visa, Adjustment of Status (AOS) can be a better option to pursue. AOS allows you to apply for a green card without departing the country. This option works best for Canadians who want to reunite with their US spouse sooner. However, a Canadian spouse will not be allowed to travel internationally while the AOS application is pending. Applicants will need to obtain a prior authorization called “Advance Parole” or wait for the green card to be issued first before taking overseas trips. Canadian citizens will also be subject to the “90-Day Rule” which prohibits filing an immigration application in the first 90 days since their most recent entry. This limitation delays the employment authorization eligibility which means that you will not be able to obtain an Employment Authorization Document (EAD) for 5-6 months minimum after your entry into the U.S.

Step 1: File Forms I-130 and I-485 Concurrently

If you are married to a U.S. citizen, you can file Forms I-130 and I-485 (Application to Register Permanent Residence or Adjust Status) at the same time. Such filings are called “concurrent” and allow applicants to shorten the waiting period and apply for Employment Authorization earlier in the process.

Step 2: Provide Required Documents

With the immigration forms, the applicant is required to submit a number of documents such as:

• Marriage certificate
• Proof of termination of previous marriage(s), if either spouse was married before
• Proof of bona fide marriage (joint assets, joint income & liabilities documents, proof of joint residency, personal photographs, witness affidavits, etc.)
• Proof of US citizen’s income (IRS tax transcript, IRS tax return, W-2 and 1099 form(s) for the most recent calendar year)
• Canadian spouse’s medical form which can be completed only by a USCIS-authorized doctor in the U.S.
• Proof of lawful entry (I-94 record)
• Proof of US citizen spouse’s immigration status

Step 3: Visit Biometrics Appointment and Interview

A Canadian spouse will be required to attend a biometrics appointment to get fingerprinted and photographed within 1-2 months after the application is filed with USCIS. Approximately 6-12 months later, both you and your US citizen spouse will be interviewed by an USCIS officer to prove that your marriage is bona fide. Questions about your relationship, details of joint residence, and finances will be asked during the interview.

Step 4: Obtain Your Green Card

If your application is approved, your green card will be mailed to your address. If your marriage is less than two years old at the time of approval, you will be granted conditional residency which is valid for 2 years. You will need to get these conditions removed later by filing a joint Form I-751 petition. If you obtain a 10-year green card, removal of conditions is not required.

US immigration law is complex and making even a small mistake during the application process can lead to denial or significant delays. Some couples prefer to hire an immigration attorney who can guide them throughout the process, review the immigration forms and supporting documents. If you want to discuss your immigration case with an experienced US immigration attorney specializing in marriage-based petitions, schedule a free consultation now.

Author: 

Asel Williams, Esq.

Immigration attorney

Williams Law

asel@self-lawyer.com

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