Candian Spouse in US, i-130 and i-485?

[TorontoTong 0]

Hello, friends on VJ!

My Canadian wife and I (US citizen) got married in the US this past summer. At that time we didn't decide where to settle down for the family, so we did not file any immigration petition immediately after the wedding. Since then, she traveled back and forth between US and Canada as a regular visitor (tourist).

My wife is currently in US and we have decided to move forward with her immigration to US. Should we file i-130 and i-485 concurrently, or just the i-130 by itself?

Reading some of the posts on these forum, we are confused/concerned with:

1. Filing i-130 and i-485 concurrently may take longer than filing i-130 by itself, esp. for Canadian spouses? >18 months?

2. Since she entered US as a tourist, but now we are filing for i-130 and i-485 while she is still here. There is danger of denial/deportation, or could result in future denial of entry to US?

3. After we file for the AOS, my wife will not be able to travel between Canada and US until both petition are approved?

Obvisouly, we do not want to be separated while waiting for the immigration petition to be approved. But if it takes too long for AOS approval, or causing her the ability to travel during the wait, we will need to think agagin. Can you please help verify or confirm if the above are true based on your experience?

Thank you!

Tony

[Boiler 45,658]

Assuming she does not need to leave for the up to 90 days it will take to get AP, best bet would be to file both.

[Rob & Monika 87]

If you file the i-485, you will need to file for the i-131 to travel while you wait. It took us about 2 months to get that back.

[NikLR 13,227]

I would file the AOS as you're both in the USA and have decided to live there now that you're there. (So follow this guide: http://www.visajourney.com/content/i130guide2) The Advance Parole, which will allow her to travel outside the USA, normally takes up to 90 days.

[TorontoTong 0]

Thank you for your response. We will file for AOS and hopefully we can also get advanced parole approved so she can travel to Canada after 90 days.

One more question, looking at the i-485 application package, this is needed:

I-693, Medical Examination of Aliens Seeking Adjustment of Status

Does this mean we need to find a local doctor in the US to complete this form? Any instruction on how to find a doctor qualified for this kind of check-up?

Thank you!

[Teddy B 17,252]

Hello, friends on VJ!

My Canadian wife and I (US citizen) got married in the US this past summer. At that time we didn't decide where to settle down for the family, so we did not file any immigration petition immediately after the wedding. Since then, she traveled back and forth between US and Canada as a regular visitor (tourist).

My wife is currently in US and we have decided to move forward with her immigration to US. Should we file i-130 and i-485 concurrently, or just the i-130 by itself?

Reading some of the posts on these forum, we are confused/concerned with:

1. Filing i-130 and i-485 concurrently may take longer than filing i-130 by itself, esp. for Canadian spouses? >18 months?

2. Since she entered US as a tourist, but now we are filing for i-130 and i-485 while she is still here. There is danger of denial/deportation, or could result in future denial of entry to US?

3. After we file for the AOS, my wife will not be able to travel between Canada and US until both petition are approved?

Obvisouly, we do not want to be separated while waiting for the immigration petition to be approved. But if it takes too long for AOS approval, or causing her the ability to travel during the wait, we will need to think agagin. Can you please help verify or confirm if the above are true based on your experience?

Thank you!

Tony

I don't know where you got the 18 months from, but usually it takes 4 to 5 months to adjust status while inside the US and have greencard in hand.

[Teddy B 17,252]

Thank you for your response. We will file for AOS and hopefully we can also get advanced parole approved so she can travel to Canada after 90 days.

One more question, looking at the i-485 application package, this is needed:

I-693, Medical Examination of Aliens Seeking Adjustment of Status

Does this mean we need to find a local doctor in the US to complete this form? Any instruction on how to find a doctor qualified for this kind of check-up?

Thank you!

The medical exam needs to be done by a USCIS designated civil surgeon. You can find one near you at this link.

http://www.visajourney.com/content/us-civil-surgeons

[TorontoTong 0]

Thank you, Teddy B! This is very helpful, glad to hear it won't take that long to get AOS done. I was checking the process timelines on VJ, and National Service Center is currently processing applications received back in March for i-130, I figured it'd be longer with i-485 filed concurrently.

We are filling out these forms, and realized we do not have an A#, nor do we have a i-94 number as either is required for a Canadian to enter US. I assume we should just leave these fields blank, correct?

[Teddy B 17,252]

Thank you, Teddy B! This is very helpful, glad to hear it won't take that long to get AOS done. I was checking the process timelines on VJ, and National Service Center is currently processing applications received back in March for i-130, I figured it'd be longer with i-485 filed concurrently.

We are filling out these forms, and realized we do not have an A#, nor do we have a i-94 number as either is required for a Canadian to enter US. I assume we should just leave these fields blank, correct?

I believe the processing times you saw are for people who have filed for IR-1/CR-1 spousal visas with their spouse out of the US. Their is a big backlog on those visas right now and the folks who are waiting aren't happy. From what I've seen, filing for AOS from a tourist visa is still right around 4 to 5 months.

Canadians usually don't get the I-94 as tourists and the A# doesn't apply, so you can put N/A in both of those.

[saddlepatch 6]

My understanding is unless you get a visitors visa that allows her to stay for 6 months at a time, you can't be together while you wait. My wife and I can't be together while our forms are processing :S And I can't travel to the US apparently because I'm showing intent to move there? But she can come visit me in Canada.

I'm a little confused about these answers to this post's questions.....if someone can clarify, that would be great. We already sent in our form though, so I guess it's too late and I have to wait here till everything is done.

[Flames9_RN 358]

My understanding is unless you get a visitors visa that allows her to stay for 6 months at a time, you can't be together while you wait. My wife and I can't be together while our forms are processing :S And I can't travel to the US apparently because I'm showing intent to move there? But she can come visit me in Canada.

I'm a little confused about these answers to this post's questions.....if someone can clarify, that would be great. We already sent in our form though, so I guess it's too late and I have to wait here till everything is done.

Many of us--including myself visited the USA while our cr-1/ir-1 was being processed--I visited monthly from NS to DC never had a problem--my 2 cents i sin my signature block........I believe what they are doing is adjusting of status (AOS) when he/she was in the USA! Its sort of like a loop hole, it isn't a hard 1 to take advantage of if one keeps their mouth shut if you catch my drift. While I was on a visit to the USA a friend had a friend who was an immigration lawyer and she said yep, just stay, get married and then AOS.....But I was still in the Cdn Air Force so couldn't do that, nor was I in a hurry!

Edited November 18, 2013 by Flames9_RN