Can we travel

[rickwaller 3]

Hi there, I am a Canadian citizen and have a seasonal home in Nevada. I  entered Th US on Jan 9th on a B2 tourist visa, met a beautiful woman and married her on May 1st! We sent in form 130, 130a and 1145 and received a  I 797c NOA on June 1st.
I entered the US with no intention of marriage .

My question is as my I94 has an exit date of July 8th do I have to return to Canada by that date or should I stay and wait to be contacted by USCIS ?

We did file the paperwork as to me staying in the US.

 

TIA

[Ben&Zian 4,397]

~Moved to Adjustment of Status Case Filing and Progress Reports as OP is AOS'ing from tourist visa~

 

No. Do not leave without appropriate Advanced Parole documentation or you won't be allowed to re-enter most likely seeing that you have an active petition. Remain in the US is best advice until again you have proper travel documentation.

 

 

Edited June 22, 2018 by Ben&Zian

[Roel 7,191]

You can absolutely leave if you want, but you won't be able to enter the US again and your AoS will be considered abandoned.

[mushroomspore 3,043]

Do NOT leave. At this point you cannot leave as USCIS will consider your application abandoned. I'm not sure what resources you looked up before filing but read the guides on the top bar. You need to file:

 

I-485 (This form WITH I-130 is what grants you the green card...)

 

I-864 (Affidavit of Support so USCIS can determine your spouse can and will financially support you.)

 

I-765 & I-131 (Employment Authorization & Travel Document. Free to file with all the above. You cannot work OR leave the US during your adjustment without this combination card!!!)

 

File all these now. Your green card application is unfortunately technically incomplete. Click here for further info about the process. Check USCIS.gov for the latest and most recent versions of forms too. Don't download them from anywhere else.

Edited June 22, 2018 by mushroomspore

[old-fella 109]

as your AOS is pending dont leave with Advance Parol. Well, you leaving wont be problem but you wont be allowed in 

[Jojo92122 1,924]

Did you file the I-485 to adjust your status?

 

Do you want to stay here?

 

Do you understand that if you leave without Advance Parole, you may not be let back into the US until you get an immigration visa?

[Jojo92122 1,924]

Can you also explain why you have a B1/B2 visa when Canadians can get 6 months/visit to the US?  That seems strange.

[rickwaller 3]

2 hours ago, Jojo92122 said:

Can you also explain why you have a B1/B2 visa when Canadians can get 6 months/visit to the US?  That seems strange.

The visa that Canadians get when they enter is the B2 visa.

[rickwaller 3]

3 hours ago, Jojo92122 said:

Did you file the I-485 to adjust your status?

 

Do you want to stay here?

 

Do you understand that if you leave without Advance Parole, you may not be let back into the US until you get an immigration visa?

No I did not file a I-485, should I do this or wait to be asked?

[Teemo 252]

 

4 hours ago, rickwaller said:

Hi there, I am a Canadian citizen and have a seasonal home in Nevada. I  entered Th US on Jan 9th on a B2 tourist visa, met a beautiful woman and married her on May 1st! We sent in form 130, 130a and 1145 and received a  I 797c NOA on June 1st.
I entered the US with no intention of marriage .

My question is as my I94 has an exit date of July 8th do I have to return to Canada by that date or should I stay and wait to be contacted by USCIS ?

We did file the paperwork as to me staying in the US.

 

TIA

I understand you're new to this. And it's good you have started to do some research and ask questions.

 

At the same time I can see that you are taking a very serious issue (immigrating to the US) far too casually. It appears you are looking up and asking things on the fly rather than sitting down and learning everything there is to know about adjusting status and then attempting to fill in gaps in your knowledge. At this point you don't know what you don't know. Take an afternoon and read everything you can on adjusting status, including the guides on this forum. 

 

17 minutes ago, rickwaller said:

No I did not file a I-485, should I do this or wait to be asked?

Did you file an I-485 or not? In your first post you say you did and in this post you didn't. The I-485 is the actual application to adjust to permanent resident. File it right away with supporting docs. Same with I-765 & I-131 - you cannot leave the country (well you can but not re-enter) until you get the I-131 advance parole. Otherwise you will be deemed having abandoned your application. 

[Jojo92122 1,924]

38 minutes ago, rickwaller said:

The visa that Canadians get when they enter is the B2 visa.

That doesn't sound right.

 

Visas are issued by the US Embassy/Consulate.  CBP does not issue visas at the border upon entry.

[Jojo92122 1,924]

38 minutes ago, rickwaller said:

No I did not file a I-485, should I do this or wait to be asked?

This is DIY, so take charge of your immigration because no one is going to ask you for anything.  It seems you have not done your homework.  This is immigration, not going to the DMV.  You either learn the process that you are embarking on or suffer the consequences.  

 

Read the Guides on VJ.  Familiarize yourself with them.

 

Since you have not filed for AP, you are only authorized to stay until your I-94 expires.

 

You would need to file for AOS if you want to be authorized to be in the US until you get a green card.  During AOS, if you want to leave the US and return, you will also need AP.  AP is taking about 5-6 months to get after filing for AOS.

 

[geowrian 22,335]

19 hours ago, rickwaller said:

The visa that Canadians get when they enter is the B2 visa.

They enter with B-1/B-2 status, but they don't usually have a visa. Visas are documents used to apply for entry into a country. A Canadian is generally permitted visa-less entry.

[NikLR 13,220]

2 hours ago, geowrian said:

They enter with B-1/B-2 status, but they don't usually have a visa. Visas are documents used to apply for entry into a country. A Canadian is generally permitted visa-less entry.

Correct.  If we get a stamp upon entry (which isnt common) its marked B2. 

[A&H2018 146]

The default choice is B2 unless you ask to enter on other means then the officer will issue correct i94.

OP, is your spouse a USC or green card holder? What is your goal/plan longterm? 

 

Since you spent most of your time in the USA in 2018, your best bet is to get her to visit Canada in a couple month. Not sure they going to let you visit again so easily unless you can have major ties back home still.

Edited June 24, 2018 by A&H2018