Bringing Canadian wife to US... complicated

[med1 0]

I suggest you take some time reading the guides, your comments and terminology are all over the place.

Adjusting Status through Consular processing is a contradiction in terms. Certainly takes a lot lot longer than you suggest.

I'm only going by what our friend and her lawyer that i have spoken told us - She was married to a USC Jan '13, she was in the country as a B1, she filed an AOS through consular processing, now she has her GC. It is possible i misunderstood and i will look into it.

Thank you and everyone else so far !!

I wanted to put this out there though, and was wondering if i'm totally off base:

From what i've read on forums and the USCIS website it seems that it is possible to obtain a parole entry for a significant length of time (few months-year)

Would these following laws allow us to file for an AOS after advanced parole entry is granted?

Sec. 212.5 Parole of aliens into the United States.

http://www.uscis.gov/ilink/docView/SLB/HTML/SLB/0-0-0-1/0-0-0-11261/0-0-0-15905/0-0-0-16404.html

An alien who arrives at a port-of-entry and applies for parole into the United States for the sole purpose of seeking adjustment of status under section 245A of the Act, without benefit of advance authorization as described in paragraph ( F ) of this section shall be denied parole and detained for removal in accordance with the provisions of § 235.3(b) or © of this chapter.

( F ) Advance authorization. When parole is authorized for an alien who will travel to the United States without a visa, the alien shall be issued an appropriate document authorizing travel. (Amended effective 11/28/11; 76 FR 53764) (Redesignated as paragraph ( F ), previously paragraph (e) effective 1/29/01; 65 FR 82254)

245a) The status of an alien who was inspected and admitted or paroled into the United States 1/ or the status of any other alien having an approved petition for classification as a VAWA self-petitioner 1aa/may be adjusted by the Attorney General, in his discretion and under such regulations as he may prescribe, to that of an alien lawfully admitted for permanent residence if

(1) the alien makes an application for such adjustment,

(2) the alien is eligible to receive an immigrant visa and is admissible to the United States for permanent residence, and

(3) an immigrant visa is immediately available to him at the time his application is filed.

Edited April 24, 2013 by med1

[NikLR 13,235]

You do not adjust status (aos) via consular processing.

How this will work for you and your wife,

You will file an I-130 petition NOW.

When you are a citizen you call the uscis and upgrade your petition to one of a citizen

If that petition is approved it is sent to the national visa center

The NVC does the document intake of the affidavit of support, form I-864, (also called aos) and related documents and ds-260 (online form of ds-230, available for Canadians) which is the visa application and related documents

After the nvc determines they have everything they say your case is complete and book an interview date in Montreal

Your wife books a medical exam before the interview via one of 4 panel physicians

Your wife attends the interview in Montreal where they approve, decline, request more information or need additional processing.

If approved she has 6 months from the medical date to move to the USA and take up residence in the USA. She has up to 10 years to move her things, duty free.

All of this can take from 6 months to over a year with a 10-12 month average.

[canadian_wife 1,831]

Where is your girlfriend now? How long until she must leave to Canada?

I suggest you petition for the I130 as an LPR, upgrade your petition when you become a USC then SHE will apply for the visa in Montreal

good luck

[Boiler 48,541]

I think we have a situation where a little knowledge is dangerous and you are taking things out of context.

IF they parole her in, she would need a good case.

She has a major advantage of being Canadian otherwise you could forget it.

[NikLR 13,235]

I would stop worrying about her parole. Getting her to the USA by next July as a permanent resident/green card holder is very doable. I would worry more about her final exams and getting the parole for those in which case contact CBP and no one else. They're the final word on yes or no entry into the USA.

[velrich 50]

So filing I-130 will get her in que from now, once i go from LPR to USC, i file to adjust/upgrade (you're right, i misused AOS) it and this will bump her up in the que..?

Upgrading the petition after you become a USC will bump her in the queue.