Searching for Advice

[larsonszumilas 0]

Hello Everyone,

After looking for what is probably a simple answer, my wife and I would like to hear from someone who has done this before.

-> I (the husband) am American in Canada as a student. Married my wife in October 2012.

-> My wife is a Canadian citizen.

We are currently living in Toronto and considering moving back to my native Minnesota. Being that we are married, can she enter the US as a visitor and then file the I-130 and I-485 (adjustment of status)? Or would can she enter the US stating that we intend to file for the I-130 and I-485?

We are trying to refrain from spending time apart... again. Any advice would be greatly appreciated! Thanks

Eric and Aniela

[Inky 1,111]

We are currently living in Toronto and considering moving back to my native Minnesota. Being that we are married, can she enter the US as a visitor and then file the I-130 and I-485 (adjustment of status)? Or would can she enter the US stating that we intend to file for the I-130 and I-485?

No its visa fraud using tourist status to enter and file adjustment of status.

No you cannot tell them at the border you intend to file for adjustment of status when you enter - they will stop you.

Its unfortunate but you will have to file and do things correctly. Which may mean being apart for some time.

[larsonszumilas 0]

No its visa fraud using tourist status to enter and file adjustment of status.

No you cannot tell them at the border you intend to file for adjustment of status when you enter - they will stop you.

Its unfortunate but you will have to file and do things correctly. Which may mean being apart for some time.

Thank you for the response. We have every intention to do it the right way as we do not want to encounter any troubles. So thank you for saving us some hassle!

Then, if we apply for the I-130 and I-485 forms from Canada at the same time, can she then enter the US upon receiving an approval of the I-130 form? (which I assume takes less time than the I-485)

[Inky 1,111]

Thank you for the response. We have every intention to do it the right way as we do not want to encounter any troubles. So thank you for saving us some hassle!

Then, if we apply for the I-130 and I-485 forms from Canada at the same time, can she then enter the US upon receiving an approval of the I-130 form? (which I assume takes less time than the I-485)

You would not be filing an I-485 form. Just the I-130 and 325. http://www.visajourney.com/content/i130guide1

[Ms Hogan 295]

It is not quite that simple. The I-130 is a petition from you. Once that is approved she will go through the process of applying for her visa. She can visit you during the process as long as she can show ties to Canada and that she is not planning to stay in the States. She cannot move during the process. You will have additional steps as well since you aren't living in Minnesota currently.

Please take some time to read the guides at the top of the forum to prepare yourself for the journey.

I also got married in October 2012 but we started the paperwork right away as it was our plan to move to my husband's home in the States. You can take a look at the timeline in my signature to get an idea of the timing and steps along the way.

Unfortunately, you will need to spend some time apart. I would encourage you to file paperwork soon so that you can get things started. Good luck!

[NikLR 13,227]

Hello Everyone,

After looking for what is probably a simple answer, my wife and I would like to hear from someone who has done this before.

-> I (the husband) am American in Canada as a student. Married my wife in October 2012.

-> My wife is a Canadian citizen.

We are currently living in Toronto and considering moving back to my native Minnesota. Being that we are married, can she enter the US as a visitor and then file the I-130 and I-485 (adjustment of status)? Or would can she enter the US stating that we intend to file for the I-130 and I-485?

We are trying to refrain from spending time apart... again. Any advice would be greatly appreciated! Thanks

Eric and Aniela

You can spend zero time apart if you can prove US domicile and have a joint sponsor. Without those things though, you will need to spend time apart so that you can get a job in the USA to satisfy the Affidavit of Support and also to establish domicile, which Montreal is VERY strict about. Probably more than most other consulates but it's understandable when you consider that the USA is right there.

Read up on the guides. You will be doing consular processing (not to be confused with DCF which is unavailable in Canada.)

If you have any questions you can ask them here or in the Canada specific forum.

My husband and I were married May, 2012 and are finally going to be able to live together in June (I HOPE!! *knock on wood*) We waited until October to apply because he was out of the USAF in Jan 2012 and we wanted to be sure he had a job before applying. We were also seriously considering him moving up here too and looked into a great deal. Had his job not come along when it did, we'd probably be in the middle of a Canadian immigration story instead of a Canadian emigrant story.