I 130 already approved, can I go to US without NVC visa?

[Ice_Box 0]

Hello. I am Canadian living in Canada with my wife who is US citizen, we are legally married, have kids and everything.. Our kids have dual citizenship - US and Canada.

My I-130 was already approved, now we have to send everything to NVC to get visa, but we don't have time for that, we have to leave Canada soon..

I probably will have to go to US without getting visa from NVC ( Canadians don't need visa to go to US )

My questions are:

1 Can I apply for "adjustment of status" in US if my I-130 was filed from Canada?

2 Do we need to file a new I-130 from within US?

Thank you.

 

[A'n'L 735]

You can visit the US while waiting for your visa to process, but you cannot enter the US with intention of staying there permanently without your immigrant visa. If you try, you will be turned away at the border. If you lie to border officers about your reason for entry, that would be considered fraud and could jeopardize your future in the US.

[Hypnos 6,576]

Entering the US on a nonimmigrant visa, or no visa (for Canadian visitors) with the preconceived intent to remain and adjust status would be immigration fraud; discussion of that is not permitted on these forums.

[EM_Vandaveer 2,408]

You can enter as a visitor and wait out the NVC part of the process in the US (I'm assuming this should take considerably less time than the 6 months allowed for Canadian visitors, as long as you are prompt with filing documents and paying fees), as long as you return to Canada for the medical and the immigrant visa interview.

[canadian_wife 1,823]

There is no NVC visa.  The National Visa Centre is a stopping point for your petition and lots of paperwork.  You'll eventually interview in Montreal.

 

I know it is difficult, but you may visit your wife in the U.S. but you cannot move there, you cannot enter and adjust status.  Please follow the advice given.

 

Good luck 

[Ice_Box 0]

I guess I should stay in Canada and wait for the interview in Montreal.

The problem is that my wife overstayed in Canada and she must leave soon.

Can someone tell me if we should attend interview in Montreal together, or I can go to interview by myself, while my wife and kids will be in US?

 

[canadian_wife 1,823]

Your wife does not need to attend the interview.

 

In fact, Montreal often requires the U.S. spouse living in Canada to move before the Canadian to re-establish domicile.  Montreal is very strict about this.

 

Good luck 

[NikLR 13,227]

~~move to IR1/CR1 from AOS family based.  OP is seeking an IR1/CR1 visa and is not adjusting from a K visa.~~

[BadCivilServant 10]

Your profile doesn't say where you are, but could I suggest moving to a border city? Niagara Falls, Windsor, Surrey, whatever...If you and your wife MUST be separated, better to be separated by a mile or so rather than hundreds or thousands.

 

As long as you return to Canada periodically, and bring proof of your ties with you JUST IN CASE, there shouldn't be a problem. But do you really want to get as far as you have and risk everything by trying to fool around with the system now? 

 

I live in Niagara Falls and I will have to move my USC wife down to Orlando (where she is taking an employment transfer) just to satisfy the aforementioned strict regulations in Montreal. We'll be a part for a few months. It sucks, but we have to do it. 

 

It might not be a bad idea to fill in your profile and set up your timeline so your fellow, more knowledgeable  VJ members can assist you. 

 

Good luck, friend. 

Edited January 3, 2017 by lilbastard
adding profile and timeline suggestion

[Ice_Box 0]

3 minutes ago, lilbastard said:

Your profile doesn't say where you are, but could I suggest moving to a border city? Niagara Falls, Windsor, Surrey, whatever...If you and your wife MUST be separated, better to be separated by a mile or so rather than hundreds or thousands.

 

As long as you return to Canada periodically, and bring proof of your ties with you JUST IN CASE, there shouldn't be a problem. But do you really want to get as far as you have and risk everything by trying to fool around with the system now? 

 

I live in Niagara Falls and I will have to move my USC wife down to Orlando (where she is taking an employment transfer) just to satisfy the aforementioned strict regulations in Montreal. We'll be a part for a few months. It sucks, but we have to do it. 

 

It might not be a bad idea to fill in your profile and set up your timeline so your fellow, more knowledgeable  VJ members can assist you. 

 

Good luck, friend. 

Thank you for your advice, but I really wasn't not trying to "fool around" or cheat in any way..

I was just trying to find out what our options are, and if there is no way around the Montreal interview, so be it, I will go to interview by myself, and my wife will be in US meanwhile..

Anyways, before doing anything we would go to lawyer first, sure any lawyer would tell us the same thing as you did guys.

Thanks everyone!

[canadian_wife 1,823]

I disagree with you Ice_Box.  Many lawyers will tell you exactly what you want to hear in order to secure your funds. 

 

SURE you can go to the U.S. and file adjustment of status...I'll do all that paperwork for you for a small fee of ____________

 

Be careful, know what you are allowed to do and what you are not, educate yourself before you go to a lawyer.

 

Good luck 

[NikLR 13,227]

I agree.  Lawyers often tell people they can AOS but they're not the ones actually lying to the CBP to enter.  In the end they arent the ones who suffer if the worst happens. 

[hateadminforms 19]

On 02/01/2017 at 8:24 AM, Ice_Box said:

Hello. I am Canadian living in Canada with my wife who is US citizen, we are legally married, have kids and everything.. Our kids have dual citizenship - US and Canada.

My I-130 was already approved, now we have to send everything to NVC to get visa, but we don't have time for that, we have to leave Canada soon..

I probably will have to go to US without getting visa from NVC ( Canadians don't need visa to go to US )

My questions are:

1 Can I apply for "adjustment of status" in US if my I-130 was filed from Canada?

2 Do we need to file a new I-130 from within US?

Thank you.

 

 

I spoke to USCIS on a similar topic, I was advised to say "have submitted form I-130 and currently travelling under ESTA scheme" ... the AOS application would be stand-alone and dependent upon the status and stage of application.

 

On my side, wife to find apartment, set-up base camp and then I stay for the allotted time ( 90 days max ) leave.  It may make sense for your wife to call USCIS and speak directly ....you may get better answers and she will know what to do etc.  

 

[NikLR 13,227]

Sure the misinformation line is always a good source.  

 

Let the CBP know, "hey I think I'll just adjust my status instead of waiting for a visa" as per actual intent, and see how far you get.  Let us know.

[Eric-Pris 1,607]

3 hours ago, canadian_wife said:

I disagree with you Ice_Box.  Many lawyers will tell you exactly what you want to hear in order to secure your funds. 

 

SURE you can go to the U.S. and file adjustment of status...I'll do all that paperwork for you for a small fee of ____________

 

Be careful, know what you are allowed to do and what you are not, educate yourself before you go to a lawyer.

 

Good luck 

+1   Some lawyers are really bad and unethical and care more about their pocket than your immigration status.  And if you run into problems, they will expect you to pay them some more money to "try to" fix it.