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Expert James
Expert James, Immigration Attorney
Category: Immigration Law
Satisfied Customers: 11393
Experience:  Write FOR JAMES to get my help!
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My husband of 28 years and I have been living in BC since we

Customer Question

My husband of 28 years and I have been living in BC since we were married. We now plan to move to Maui full time, to live on our property there, which we wholly own.
My husband is American, and a Landed Immigrant in Canada. I am a Canadian. What do we need to do to make this move? We are both interested in getting dual citizenship, to be able to travel on either passport.
I handled all the paperwork for my husband’s Landed Immigrant petition in Canada, and would like to try to handle as much of this application as possible also.
What would be the cost of an initial consultation with you to determine if this is possible and/or advisable?
Submitted: 1 year ago.
Category: Immigration Law
Expert:  Expert James replied 1 year ago.
Hello, I am James. I will be helping you today. I do not get a salary here. But just like you, I want to get credit for doing my job. You are the only person who can help me get credit before leaving this site today. So please do not forget to do that by giving me a positive rating with 3 or more stars or any of the smiling faces. Also, if you want me to be your personal immigration Expert, just write “FOR JAMES" at the beginning of any future, new questions, and I will be happy to help you as your personal Expert. Please answer the following: Has your husband filed a petition for you before?
Customer: replied 1 year ago.
No
Customer: replied 1 year ago.
Are you there James?
Customer: replied 1 year ago.
If you are too busy to continue we understand, however should we not receive a response within one minute, I will call our bank and cancel this service.
Expert:  Expert James replied 1 year ago.
Yes, I am here. But I am also working with several customers, and in order to be fair, I have to answer them in the order they are received. Your patience is appreciated.
Customer: replied 1 year ago.
I see. Thank you. Should we expect to wait 5 minutes or more for each response?
Expert:  Expert James replied 1 year ago.
It depends on how long it takes me to prepare a response, as well as how many other customers are in line ahead of you. Kindly remember to give me a positive rating before leaving this site today. I do not get a salary here, so your positive rating is the only way I am rewarded for doing my job. If that does not happen, it is as if I never worked, which I am sure you agree would not be an ideal outcome. So please do not forget to give me 3 or more stars, or any smiling faces, in order to help me get credit for doing my job. Thank you! The only way you can move to the US permanently is to be petitioned by your US citizen husband and then to apply for an immigrant visa to immigrate to the US. Some people think that they can come to the US as a Canadian visitor and then adjust their status to permanent resident. However to enter the US as a Canadian visitor intending to immigrate permanently is a violation of immigration law, and can lead to a charge of immigration fraud. The right way to do this is to have your husband file the I-130 petition for you. It needs to be approved by the USCIS and then it is sent to the National Visa Center for processing. At the NVC, your husband will be required to submit an I-864, Affidavit of Support. You will be asked to file the immigrant visa application. Then it will be sent to the US consulate for processing. You will have to undergo a medical examination and then an immigrant visa interview. Once the visa is issued, you can then travel to the US as an immigrant. When you are admitted with the immigrant visa, you are considered a resident of the US and will receive your green card within 4 to 6 weeks. I know these issues can be confusing. If you want to discuss this or anything else by phone, I can send you an offer for that. There will be an additional fee, if you want to do that. Please let me know and I will send you the offer. I hope I have answered your questions. Kindly rate my customer service with a positive rating. I do not get a salary here and this is the only way I am compensated for my efforts. So please do not forget to do that before you log off. You can do that by giving me 3 or more stars, or any of the smiling faces. And you can continue to ask questions even after you have given a rating. Again, giving me a positive rating is the ONLY way I get credit for helping you. REMINDER: You are not rating the state of the law or the outcome of your situation, which I cannot control. You are rating my customer service. Believe me that I always want to give you good news. But if the outcome is not what you wanted, blame the government and the law, not me. I am only a messenger. Negative ratings are reserved for Professionals who are rude or unprofessional. Giving me a negative rating does not help you get a different answer or outcome. So do not give a negative rating if you need more help, or if I misunderstood your question. Instead click REPLY so I can continue to assist you. A BONUS is appreciated, if you feel I've earned it. If you have questions in the future, write “FOR JAMES" in the question and I will be your personal Expert in this category. Thank you!
Customer: replied 1 year ago.
Does this mean we cannot live in our US home during this process?
Expert:  Expert James replied 1 year ago.
My goal to provide you with a positive customer service experience. But please remember that I do not work for the government. My job is to be honest with you about your situation, and sometimes that means I have to deliver bad news. When you are giving a rating, consider that the state of the law or the outcome is not something I can control or change. I am just a messenger. I know a negative outcome might create negative feelings for you, but those feelings should be directed to the US laws, not me. Thank you for your understanding. Technically, you cannot "reside" in the US during this time, as that would be contrary to the visitor entry. But you can come to the US as a visitor, intend to be here as a visitor, and then your husband can file the petition and you can go through the entire process but the immigrant visa process, which will happen outside the US. That is one way you can live in the house and go through most of the process. Now some will tell you that you can come as a visitor, and then file adjustment of status to permanent resident with no issues. That is true, but it is only lawful if, at the time of entering the US as a visitor, your intent was to be a visitor, and then that intent later changed. Again, entering the US as a visitor, intending to immigrate permanently, is a violation of immigration laws. All I can tell you is what the law says. Whether you decide to take a chance of coming as a visitor and then applying for adjustment of status from within the US is up to you. I know these issues can be confusing. If you want to discuss this or anything else by phone, I can send you an offer for that. There will be an additional fee, if you want to do that. Please let me know and I will send you the offer. I hope I have answered your questions. Kindly rate my customer service with a positive rating. I do not get a salary here and this is the only way I am compensated for my efforts. So please do not forget to do that before you log off. You can do that by giving me 3 or more stars, or any of the smiling faces. And you can continue to ask questions even after you have given a rating. Again, giving me a positive rating is the ONLY way I get credit for helping you. REMINDER: You are not rating the state of the law or the outcome of your situation, which I cannot control. You are rating my customer service. Believe me that I always want to give you good news. But if the outcome is not what you wanted, blame the government and the law, not me. I am only a messenger. Negative ratings are reserved for Professionals who are rude or unprofessional. Giving me a negative rating does not help you get a different answer or outcome. So do not give a negative rating if you need more help, or if I misunderstood your question. Instead click REPLY so I can continue to assist you. A BONUS is appreciated, if you feel I've earned it. If you have questions in the future, write “FOR JAMES" in the question and I will be your personal Expert in this category. Thank you!
Expert:  Expert James replied 1 year ago.
Hi again, I received a message that you reviewed my response and have responded. But I cannot see that response above. Please post it again, so I can continue to help you and we can close this question. Thank you!

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