CR-1 Removal/Travel Document

[lukegelinas]

My wife is a Canadian and I'm American. She received her CR-1 status last April and joined me in Connecticut. Soon after we learned that I had been accepted at U of Toronto. We've been in Toronto since August 2005, and are wondering about having her CR-1 status removed. We're unclear whether she needs to file for a Travel Document or Re-entry permit before she applies to have her CR-1 status removed. It's almost impossible to find answers to these questions in Canada. The consulate was no help, and the 800-numbers don't work from Canadian lines. Any help is appreciated.

[Kayalami]

1. Travel Document irrelevant for your spouse - her GC is all she needs to travel into the US. If she didn't get the GC then does she have an ADIT/ processed for I-551 stamp on her ppt?

2. Can't lift CR-1 before 2 years of marriage.

3. Re-entry permit is to establish her intent not to abandon US residence when she is absent from the US for long periods - it has to be filed when she is on US soil and can be issued for up to 2 years

4. You can always apply for another sposue visa when you are ready to return to the US - if your marriage will have been for longer than 2 years when the petition is approved she will receive a GC with no conditions. Only the US consulate in Montreal deals with spousal GC's.

5. You should review obtaining your Canadion Permanent Residence and Citizenship as applicable so you don't have any issued when returning to Canada in future where you have been absent for long periods.

Good luck