Canadian Spouse, i-130 and i-485?

[sam240 1]

Hi Everyone.

My wife is a Canadian citizen and I'm a US citizen. We got married in Canada August of 2016 and moved back to the states. I only went to canada to marry her. She came to visit me right after we got married. She's been living with me since then and we received our marriage certificate 2 weeks ago and I'm ready to apply for her but I'm really confused as to what I should do. Should apply for K3 visa which is the I-130 and I-129F or should I file I-130 and I-485 (AOS) which I hear is the fastest way? Her 180 days will be up in February of 2017.

Thank you for your help.

[Transborderwife 4,666]

feel free to aos, but keep in mind she shouldn't leave the country until she received EAD and ap. that could take until March

[sam240 1]

feel free to aos, but keep in mind she shouldn't leave the country until she received EAD and ap. that could take until March

Would that be a problem since she'll pass 180 days by March? She did leave to go to canada in October for 2 weeks.

[Transborderwife 4,666]

Would that be a problem since she'll pass 180 days by March? She did leave to go to canada in October for 2 weeks.

no. but i would not leave the country again until she has EAD ap. if she's not allowed back in then you must start all over again

[geowrian 22,335]

You need to be a bit careful here. You stated she's a Canadian citizen, but not about her US visa status. In most cases, her living with you in the US would be a violation unless she has a visa permitting residence. Either way, she's in the US now so AOS (I-485) is the process to follow. Just be aware that there may be questions down the road about that matter. Be sure to be truthful if the topic comes up...they do investigate pretty well.

And yes, once AOS is filed, she's technically not permitted to leave the US until it is completed. If she does leave the US without an approved Advanced Parole, she is effectively abandoning her AOS application.

Good luck!

[Transborderwife 4,666]

You need to be a bit careful here. You stated she's a Canadian citizen, but not about her US visa status. In most cases, her living with you in the US would be a violation unless she has a visa permitting residence. Either way, she's in the US now so AOS (I-485) is the process to follow. Just be aware that there may be questions down the road about that matter. Be sure to be truthful if the topic comes up...they do investigate pretty well.

And yes, once AOS is filed, she's technically not permitted to leave the US until it is completed. If she does leave the US without an approved Advanced Parole, she is effectively abandoning her AOS application.

Good luck!

intent is rarely questioned as it's not a reason to deny aos

[sam240 1]

You need to be a bit careful here. You stated she's a Canadian citizen, but not about her US visa status. In most cases, her living with you in the US would be a violation unless she has a visa permitting residence. Either way, she's in the US now so AOS (I-485) is the process to follow. Just be aware that there may be questions down the road about that matter. Be sure to be truthful if the topic comes up...they do investigate pretty well.

And yes, once AOS is filed, she's technically not permitted to leave the US until it is completed. If she does leave the US without an approved Advanced Parole, she is effectively abandoning her AOS application.

Good luck!

intent is rarely questioned as it's not a reason to deny aos

Just crossed the border saying she's visiting me when she first entered the US. she was able to get through. She does not have any visa or stamps on her passport. I assumed that if that is the case then she's allowed to stay for 6 months?

[geowrian 22,335]

intent is rarely questioned as it's not a reason to deny aos

Hmm...I'm not entirely sure what that is in reference to. I didn't mention intent as a factor anywhere.

[geowrian 22,335]

Just crossed the border saying she's visiting me when she first entered the US. she was able to get through. She does not have any visa or stamps on her passport. I assumed that if that is the case then she's allowed to stay for 6 months?

Thanks for the clarification!

She's allowed to stay, sure. But she's not permitted to establish a permanent residence without an appropriate visa or until AOS is filed (at which point she can stay until the case is decided). Good luck!

And just to re-iterate....leaving the US once AOS is filed is grounds to treat the application as abandoned.

[Transborderwife 4,666]

Hmm...I'm not entirely sure what that is in reference to. I didn't mention intent as a factor anywhere.

I assumed the part of there may be questions down the road

[sam240 1]

On 12/20/2016 at 10:48 AM, geowrian said:

You need to be a bit careful here. You stated she's a Canadian citizen, but not about her US visa status. In most cases, her living with you in the US would be a violation unless she has a visa permitting residence. Either way, she's in the US now so AOS (I-485) is the process to follow. Just be aware that there may be questions down the road about that matter. Be sure to be truthful if the topic comes up...they do investigate pretty well.

And yes, once AOS is filed, she's technically not permitted to leave the US until it is completed. If she does leave the US without an approved Advanced Parole, she is effectively abandoning her AOS application.

Good luck!

Do I need to send i-130 form as well? or just the i-485?

[Ontarkie 13,904]

18 minutes ago, sam240 said:

Do I need to send i-130 form as well? or just the i-485?

Is wife still in the US? If she is I'm going to move this thread so you can get more help. Also at the top of the page you should be able to find the Guides to help you. 

[sam240 1]

Just now, Ontarkie said:

Is wife still in the US? If she is I'm going to move this thread so you can get more help. Also at the top of the page you should be able to find the Guides to help you. 

Yes she is still in the US.

[Ontarkie 13,904]

16 minutes ago, sam240 said:

Yes she is still in the US.

Ok I'm going to move the thread then. 

 

~~Moved to AOS From Work,Student and Tourist Visas, from the Canada Forum. - As the OP's questions involve this process.~~

[freshgreengrass 12]

Hey, follow this guide: http://www.visajourney.com/content/i130guide2

 

It tells you which forms you need to fill out, and what to include with the forms. Your wife does not have an I-94 record, so you will need to explain that in the forms. Don't panic though, I didn't have any I-94 records for when I came over the border from Canada by land. Totally fine.

 

Once you get started working on the forms you will come up with questions along the way, this community will be able to answer all of them. My husband and I have a very similar story, and we were able to get it all together ourselves. Cheers.