1-130 canadian spouse filing from canada/border issue

[canucktousa 0]

I myself have just started this process but have hired an immigration lawyer. I'm Canadian and my spouse is USC . We aren't married yet, but plan to this year. The thing that I'm concerned about is my lawyer said that I have to enter the US then they file the I-130 and will have to remain the US for 60-90 days until I am approved for travel. So having said that. I would have to quit my job as I cannot take that much time off. So if I enter the US and they question me I will be denied i'm sure ( if i tell them the truth) My lawyer is saying to strategically enter the US (so basically lie). I'm not comfortable doing this at all. My whole life is here in Canada, so I'd have to move, and quit my job to do this. My question is, is it true that we have to file the I-130 in the US. Can't i do it while i'm still in Canada? Then once approved I can move without worry.

[Transborderwife 4,666]

No. He is suggesting fraud

Edited January 28, 2016 by Transborderwife

[canadian_wife 1,823]

Um......no

Lying to the border agents, coming to the US with the intent of adjusting status - this is visa fraud.

My husband and I filed 2 days after we married. I stayed in Canada and continued to work, while my husband worked in the US. Once we were approved, I moved to the US and was able to start work immediately.

I suggest you rid yourself of this 'lawyer' and move over here to Visa Journey, we will take care of you.

Good luck

[canucktousa 0]

Well I found out exactly what it is. It is legal to apply for adjustment of status while visiting the US. It's a law. This procedure is easier and shorter then if filing in Canada. So misunderstood what she was saying. Thanks for all the replies

[Transborderwife 4,666]

Well I found out exactly what it is. It is legal to apply for adjustment of status while visiting the US. It's a law. This procedure is easier and shorter then if filing in Canada. So misunderstood what she was saying. Thanks for all the replies

To go and intend to do so is fraud

[canucktousa 0]

Then they should change law if it's fraud

[Transborderwife 4,666]

Then they should change law if it's fraud

You're entitled to do it spontaneously but I urge you to try and show up at the border with your belongings, give them the reason you're there (to adjust) and see how quickly you're turned right around. Entering with intent to adjust is fraud.

[Penguin_ie 5,994]

**** It is immigration fraud to use a tourist visa or Canadian travel priviledge to enter the USA with the INTENT to immigrate and stay. AOS is only an option when circumstances change while the person is in the USA. This thread is now closed for TOS violations (discussing illegal immigration) *******