Change of Status question

[happy1 0]

I was wondering, to file for a change of status for my wife (Canadian citizen), does my wife have to currently be in the United States? After filing the I-130 she moved back to Canada, can I still file for a change of status for her?

[Reba 2]

um...if she is not living in the US and not intending to live in the US, then exactly what status is it that you're planning to change?

When and how was she in the US previously, and when and where and why did you send in the I-130?

[Marilyn. 340]

she could have changed her status when she was still in the US ...

I don't think she can adjust status now that you have already filed the I-130....

she should be able to visit you in the US though as long as she brings along enough ties to Canada... like mortgage papers, a letter from an employer etc...

[Alt name 1]

At this point, since she returned, (assumed you have a pending 130?) then you have correctly filed. Your other option is to piggyback a 129F with your 130, have her return on a K3, and then file AOS.

Some do and some don't have trouble crossing the border with a pending 130. Strong ties to home country are the test as was shared earlier.

[pushbrk 12,092]

I was wondering, to file for a change of status for my wife (Canadian citizen), does my wife have to currently be in the United States? After filing the I-130 she moved back to Canada, can I still file for a change of status for her?

I wouldn't attempt to give you a solution without understanding the problem. Your profile indicates you are pursuing a CR1 visa. No adjustment of status is needed with a CR1 visa. You've posted no timeline, so I can't tell where you are in the CR1 process.

Just where are you in the process and what is it you want to do and why?

[happy1 0]

I was wondering, to file for a change of status for my wife (Canadian citizen), does my wife have to currently be in the United States? After filing the I-130 she moved back to Canada, can I still file for a change of status for her?

I wouldn't attempt to give you a solution without understanding the problem. Your profile indicates you are pursuing a CR1 visa. No adjustment of status is needed with a CR1 visa. You've posted no timeline, so I can't tell where you are in the CR1 process.

Just where are you in the process and what is it you want to do and why?

My wife and I got married on July 2007 in California. When she entered for our wedding, she entered under the visitors visa not knowing that that was not allowed, considered as intentional marriage. After that she came back to Canada to continue with her job and I filed an I-130 for her and we are still waiting for further instructions from the USCIS. I really miss my wife and want to be close to her but since I file the I-130, she cannot be in the US to be with me. I have heard that if I file for an adjusment of Status (AOS), she can live in the US with me while waiting for the paperwork to be handled. Is that true?

[Reba 2]

aha, see, so much easier with the whole story!

"intentional marriage" as you put it is not the issue. The issue is coming to the US, getting married, with intent to stay. USCIS frowns upon that. What you've done is perfectly legal at this point. Adjustment of status however now wouldn't be possible, because it should have been sent in with the I-130 and your wife could have stayed rather than return to Canada.

Now that she *has* returned to Canada, you might as well just wait out the I-130 (where in Canada does she live?) and continue with the CR1 visa process. It can't be much longer, if you sent it in directly after your wedding in July. Maybe another 5 or 6 months. She can still come to visit, and you can still go up to visit her in Canada in the meantime.

[pushbrk 12,092]

aha, see, so much easier with the whole story!

"intentional marriage" as you put it is not the issue. The issue is coming to the US, getting married, with intent to stay. USCIS frowns upon that. What you've done is perfectly legal at this point. Adjustment of status however now wouldn't be possible, because it should have been sent in with the I-130 and your wife could have stayed rather than return to Canada.

Now that she *has* returned to Canada, you might as well just wait out the I-130 (where in Canada does she live?) and continue with the CR1 visa process. It can't be much longer, if you sent it in directly after your wedding in July. Maybe another 5 or 6 months. She can still come to visit, and you can still go up to visit her in Canada in the meantime.

Yes, without the whole story, you'll just get bad answers. You wait out the visa. Adjustment of status is for people in the US currently. You'll never need that with a CR1 visa.

You can visit her and she can probably visit you. You can read all about Canadians visiting the US during the process. It must be the most frequently discussed subject on this board.

[frustrated1 0]

If you have already applied for I-130 for your wife, she should wait for this process to be completed. there is no adjustment of status at this stage. I would not go the I-129F route either which is the temporary visa as the timelines for both I-130 and I129 are very similar. and once you pursue I-129 and move to the US, you HAVE to file for adjustment of status and abandon the I-130. On the contrary, if she moves on I-130 visa, there is no adjustment of status required. assuming that you are a US citizen and she is a Canadian citizen, you're on the right track.

she should be able to visit you as long as she can establish enough ties to canada, however, it can be on the discretion of the officer at the border.