If you're a Canadian married to a U.S. citizen, moving to the United States to join your spouse is an exciting opportunity. The process involves navigating U.S. immigration laws, which can be complex, but understanding the steps can make it more manageable. This guide outlines how Canadians can move to the U.S. with an American spouse, including the necessary forms, timelines, and tips for a smooth transition.

How Canadians Can Move to the US with an American Spouse

Understanding the Immigration Process

The process of moving to the U.S. with an American spouse typically involves applying for a family-based green card. This card grants lawful permanent residence and allows you to live, work, and travel freely in the United States.

The process generally involves three main steps:

1. Establishing the Relationship: Your American spouse files a petition to establish your eligibility.

2. Applying for the Green Card: Depending on your location, you’ll apply for a green card either through consular processing or adjustment of status.

3. Interview and Approval: The final step is an interview with U.S. immigration authorities to confirm the authenticity of your marriage.

Step-by-Step Guide to Moving to the U.S.

Step 1: File the Marriage Petition

The process begins with your U.S. citizen spouse filing Form I-130, Petition for Alien Relative, with U.S. Citizenship and Immigration Services (USCIS). This petition establishes that your marriage is legitimate and qualifies you for a green card.

• Required Documents:

• Proof of U.S. citizenship (e.g., passport, birth certificate).

• Marriage certificate.

• Evidence of a bona fide relationship (e.g., photos, joint bank accounts, correspondence).

• Processing Time: The I-130 typically takes 5–12 months to process.

Step 2: Decide Between Consular Processing or Adjustment of Status

Your next step depends on whether you’re living in Canada or the U.S.

• Consular Processing (If You’re in Canada)

• File the DS-260, Immigrant Visa Application, through the U.S. Department of State’s online system.

• Attend an interview at the U.S. consulate in Montreal.

• Upon approval, you’ll receive an immigrant visa to enter the U.S. and receive your green card shortly after arrival.

• Adjustment of Status (If You’re Already in the U.S.)

• File Form I-485, Application to Register Permanent Residence or Adjust Status, this may be done concurrently with the marriage petition or after the I-130 is approved.

• Attend a biometrics appointment and an interview at a USCIS field office.

Step 3: Attend the Immigration Interview

The interview is a crucial step where you and your spouse may be questioned about your relationship to confirm its authenticity.

• Tips for the Interview:

• Be prepared with supporting documents (photos, travel records, proof of joint finances).

• Answer questions honestly and consistently.

• Dress professionally and arrive on time.

Step 4: Receive Your Green Card

Once approved, you’ll receive your green card. If you’ve been married for less than two years at the time of approval, you’ll get a conditional green card valid for two years. You’ll need to file Form I-751 to remove conditions within 90 days before its expiration.

Frequently Asked Questions

Can I Work in the U.S. While Waiting for My Green Card?

If you’re applying from within the U.S., you can file Form I-765 for an Employment Authorization Document (EAD) alongside your I-485 application. This allows you to work legally while your green card is being processed.

Can I Travel Outside the U.S. While Waiting for My Green Card?

You’ll need to apply for advance parole (Form I-131) to travel while your green card application is pending. Without this, leaving the U.S. could result in your application being canceled.

How Long Does the Entire Process Take?

The timeline varies depending on individual circumstances and processing times, but it generally takes 12–24 months from filing the I-130 to receiving the green card.

Do I Need a Lawyer?

While it’s possible to navigate the process on your own, hiring an immigration lawyer can help ensure your application is error-free and provide guidance on any complications.

Tips for a Smooth Transition to the U.S.

1. Update Your Documents
   Once in the U.S., you may need to apply for a Social Security Number (SSN) and potentially update your driver’s license or other identification.

2. Understand U.S. Healthcare
   Unlike Canada, the U.S. does not have universal healthcare. Make arrangements for health insurance as soon as possible.

3. Plan Your Finances
   Familiarize yourself with the U.S. banking system and tax requirements. Opening a joint bank account with your spouse can help establish financial integration.

4. Adjust to Cultural Differences
   Although Canada and the U.S. share similarities, there are cultural and lifestyle differences to adapt to, depending on where you move.

Conclusion

Moving to the U.S. as a Canadian with an American spouse is a life-changing decision that involves careful planning and navigating U.S. immigration laws. By understanding the steps—filing the I-130 petition, deciding on consular processing or adjustment of status, and attending the interview—you can ensure a smoother path to obtaining your green card. For any specific questions or challenges, schedule a strategy session with an immigration attorney at our office here.