Q: I need advice on how to immigrate my Canadian husband to the US while i also live Canada. I am a US Citizen.
We have been married for 14 years. We were married in the US but never lived here together. I moved immediately after getting married to Canada. We have two children who are dual citizens. We are now considering moving to the US to be with family. I am a stay at home mom so I do not have any income to sponsor however my mother who makes well above the required amount will co sponsor him. I would like to stay together during this process if possible. How would I apply for his immigration from Canada (or can I) and also once we apply, can we come to the US while waiting for the processing time? Also is there a visa he could apply for that would allow him to work while waiting? I can obviously work however, I would not be able to make any where close to what he makes to support us. So it would be imperative for him to work when we move. Thank you !
A:
Barring any criminal issues or negative prior immigration history for your husband, you should be able to sponsor him for permanent resident status. Because he, so it seems, is still in Canada and currently has the intent to immigrate to the United States, then a Petition for Relative case with U.S. Citizenship & Immigration Services (USCIS) followed by an immigrant visa application case with the Department of State (U.S. Embassy) would be the appropriate path to follow. You can begin this process for him even while you are still there in Canada. The current estimated processing time, both stages combined, is about 10 - 12 months; meaning it would be about 10-12 months before he would have in his passport an immigrant visa that would allow him to enter the United States as a lawful permanent resident.
Concerning financial sponsorship, if you do not earn enough money (at least 125% of the federal poverty guideline for your household size) or have sufficient assets to make up the shortfall in income, then a joint financial sponsor would be in order. It does not need to be a relative, but that person must be either a U.S. Citizen or U.S. Legal Permanent Resident.
To better understand the fine details of the process, consider scheduling a consultation with a competent immigration attorney. Some attorneys, like myself, can even do telephonic or online Skype consultations for those who may not live close to the attorney's office.
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