Staying in the US during I-130

[cheesesteak 0]

Before I start, all apologies if I have misunderstood anything or missed a pertinent post in my searches.

My wife and I married on a tourist visa in August and then she returned to Canada. I filed the I-130 application approximately a month later, and have received our NOA1. She has been visiting on and off on a tourist visa for the past year, with her coming to the states more than I going to Canada because I am in the military. She is currently in the US legally on a visitor visa. However when she was entering the country, she was flagged by immigration, and due to the aggregate time that she has been in the states and perceived lack of ties to Canada, she must leave by Nov 27, 2011, and cannot return until she has six months work experience (from the time she returns to Canada).

We would like for her to stay in the States until she has her interview in Montreal. We weren't planning on adjusting her status from a visitor until this latest development. She can spend as much time as needed in the States, without returning to Canada. That all being said, what are our options? Should we file an I-485 or the I-129f? What are the downsides to trying to adjust her status, or is it even legal?

Thanks in advance for the answers!

[Inky 1,111]

They already know that you know the legal rout is filing properly for a spousal visa.

If you cut short cancel your spousal petition and then apply for AOS from a tourist visa which is already visa fraud. They will know and find out you did this.

Knowingly adjusting status from a tourist visa is visa fraud. Stay with the correct legal rout that you are going.

Edited October 24, 2011 by Inky

[KittyPollitt 284]

Inky is right. An individual can adjust status from a visitor visa if they can prove that they didn't have immigrant intent when they entered on that visa. Your wife has already made her immigrant intent clear by having an I-130 filed on her behalf. There's really no way to erase that immigrant intent at this point, and to try to adjust her status now may result in deportation and a ban. Keep the ball rolling with the spousal visa.

[Jojo92122 1,925]

Before I start, all apologies if I have misunderstood anything or missed a pertinent post in my searches.

My wife and I married on a tourist visa in August and then she returned to Canada. I filed the I-130 application approximately a month later, and have received our NOA1. She has been visiting on and off on a tourist visa for the past year, with her coming to the states more than I going to Canada because I am in the military. She is currently in the US legally on a visitor visa. However when she was entering the country, she was flagged by immigration, and due to the aggregate time that she has been in the states and perceived lack of ties to Canada, she must leave by Nov 27, 2011, and cannot return until she has six months work experience (from the time she returns to Canada).

We would like for her to stay in the States until she has her interview in Montreal. We weren't planning on adjusting her status from a visitor until this latest development. She can spend as much time as needed in the States, without returning to Canada. That all being said, what are our options? Should we file an I-485 or the I-129f? What are the downsides to trying to adjust her status, or is it even legal?

Thanks in advance for the answers!

The posters above are right. Your wife has been flagged by USCIS. She is on their radar.

It is illegal to enter the US on a tourist visa with the intent to immigrate. From your wife's travel pattern, USCIS has made the preliminary determination that she might be living in the US illegally.

If you try to adjust her status, you are going to be in big trouble. Her AOS will likely be denied because it appears already that she is violating the terms of her visitor visa.

Don't attempt to adjust. She has already been tagged for abusing her visitor visa. You don't want to compound your problems. She needs to stay in Canada until she gets her immigration visa. You can start visiting her.

[cheesesteak 0]

Dammit. Thanks everyone.

So follow up question...after she returns to Canada (before the mandatory departure date), could/should I file a I-129f to try for a K-3 visa? It has only been a month and a half since the NOA1 for the I-130 application. Is it worth it/will it get her back here in a appreciably quicker time?

Thanks again, every time I think I have a handle on this stuff, I read something that completely derails me.

[evelyn1140 18]

Dammit. Thanks everyone.

So follow up question...after she returns to Canada (before the mandatory departure date), could/should I file a I-129f to try for a K-3 visa? It has only been a month and a half since the NOA1 for the I-130 application. Is it worth it/will it get her back here in a appreciably quicker time?

Thanks again, every time I think I have a handle on this stuff, I read something that completely derails me.

CR-1 ıs faster. Do dont bother wıth other procedure. Be patıence

[Inky 1,111]

CR-1 ıs faster. Do dont bother wıth other procedure. Be patıence

Not only is CR-1 faster but cheaper AND you get a green card on entry.

With K-3 you do not and K-3 is closed at the NVC.

=)