Married in US and returned to Canada, now what should we do?

[TorontoTong 0]

Hello, apologize first if this topuc has been covered before at the Candian forum.

My wife is Canandian and we got married in the US last month while she was visiting me as a tourist (didn't apply for any fiance or speical visa, just entered via plane as she normally does).

Reading forum posts, we were planning to file i-130 and i-485 so she can stay in the US and wait for her immigration status change - Green card.

However, we had a family emergency in Canada that she had to go back to attend. So now, she is back in Canada, and since the situation is not resolved, she might have to travel back and forward between US and Canada for the next few months....

Question: Should I still file for i-130 and i-485 concurrently in the US for her? Or should we file a differnet type of visa application given the fact that she is in Canada now and is likely to travel outside the US again in the next months? We read something about "Advanced Parole", is this something applicable to us?

Thank you ahead of time for your advice and wisdom, we are really puzzled and not sure if we should find an immigration lawyer in this case?

[canadian_wife 1,823]

Since she returned to Canada she no longer qualifies for adjustment of status. You do not need the I485.

You can file for a spousal visa

http://www.visajourney.com/content/i130guide1

good luck

[Flames9_RN 358]

Look at the CR-1 forum here on VJ and at the top of the page is a GUIDE-----It has the instructions you require.......ands yes many of us visit the USA during the process------if you do a search on visiting the USA----you wil find many hits

[Nicole & Sean 0]

Hello, apologize first if this topuc has been covered before at the Candian forum.

My wife is Canandian and we got married in the US last month while she was visiting me as a tourist (didn't apply for any fiance or speical visa, just entered via plane as she normally does).

Reading forum posts, we were planning to file i-130 and i-485 so she can stay in the US and wait for her immigration status change - Green card.

However, we had a family emergency in Canada that she had to go back to attend. So now, she is back in Canada, and since the situation is not resolved, she might have to travel back and forward between US and Canada for the next few months....

Question: Should I still file for i-130 and i-485 concurrently in the US for her? Or should we file a differnet type of visa application given the fact that she is in Canada now and is likely to travel outside the US again in the next months? We read something about "Advanced Parole", is this something applicable to us?

Thank you ahead of time for your advice and wisdom, we are really puzzled and not sure if we should find an immigration lawyer in this case?

I went through a very similar situation and did not need an immigration lawyer. I went through this process, probably like a lot of other people, by educating myself from this website. Look at the links posted by Saylin on the first post of this thread. It will give you the entire process flow, what to file, when to file, what documenation you need to submit, how to submit it, etc.

She is very helpful and I have gone through this process successfully (well, 1 checklist item that wasy purely my fault) because of the information posted here.

Start by reading through this post:

http://www.visajourney.com/wiki/index.php/How_to_bring_your_foreign_spouse_to_live_in_the_US

While you're waiting for the I-130 approval, get all your documentation together that you need for the upcoming processes. Have all your documents ready to go so when your I-130 is approved there is no delay with moving forward.

Good luck!