Jump to content
Ice_Box

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

15 posts in this topic

Recommended Posts

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.

 

Share this post


Link to post
Share on other sites

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.


If it isn't difficult, it isn't worth it.

 

K1 process

9/24/15: I129f sent

9/30/15: NOA1

11/2/15: NOA2

Delayed processing due to work

3/15/16: Medical

4/28/16: Interview (approved)

Delayed entry due to work

8/12/16: POE Detroit

 

9/4/16: Wedding!

 

AOS process:

9/9/16: I485/I131/I765 sent

9/14/16: Received 3xNOAs by text/e-mail (day 2)

9/14-18/16: Received 3xpaper NOAs 

9/23/16: Received biometrics appointment letter (day 11)

10/3/16: Biometrics appointment (day 19)

11/4/16: EAD+AP approved (day 53)

11/16/16: EAD status changed to card shipped (day 65)

11/17/16: EAD/AP combo card received (day 66)

12/30/16: Notice of interview scheduled (day 109)

2/1/17: AOS interview (day 142) - APPROVED

2/8/17: GC received (day 150)

 

ROC process:

11/3/2018: ROC window opens

Share this post


Link to post
Share on other sites

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.


Widow/er AoS Guide | Have AoS questions? Read (some) answers here

 

AoS

Day 0 (4/23/12) Petitions mailed (I-360, I-485, I-765)
2 (4/25/12) Petitions delivered to Chicago Lockbox
11 (5/3/12) Received 3 paper NOAs
13 (5/5/12) Received biometrics appointment for 5/23
15 (5/7/12) Did an unpleasant walk-in biometrics in Fort Worth, TX
45 (6/7/12) Received email & text notification of an interview on 7/10
67 (6/29/12) EAD production ordered
77 (7/9/12) Received EAD
78 (7/10/12) Interview
100 (8/1/12) I-485 transferred to Vermont Service Centre
143 (9/13/12) Contacted DHS Ombudsman
268 (1/16/13) I-360, I-485 consolidated and transferred to Dallas
299 (2/16/13) Received second interview letter for 3/8
319 (3/8/13) Approved at interview
345 (4/3/13) I-360, I-485 formally approved; green card production ordered
353 (4/11/13) Received green card

 

Naturalisation

Day 0 (1/3/18) N-400 filed online

Day 6 (1/9/18) Walk-in biometrics in Fort Worth, TX

Share this post


Link to post
Share on other sites

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.


Entry on VWP to visit then-boyfriend 06/13/2011

Married 06/24/2011

Our first son was born 10/31/2012, our daughter was born 06/30/2014, our second son was born 06/20/2017

AOS Timeline

AOS package mailed 09/06/2011 (Chicago Lockbox)

AOS package signed for by R Mercado 09/07/2011

Priority date for I-485&I-130 09/08/2011

Biometrics done 10/03/2011

Interview letter received 11/18/2011

INTERVIEW DATE!!!! 12/20/2011

Approval e-mail 12/21/2011

Card production e-mail 12/27/2011

GREEN CARD ARRIVED 12/31/2011

Resident since 12/21/2011

ROC Timeline

ROC package mailed to VSC 11/22/2013

NOA1 date 11/26/2013

Biometrics date 12/26/2013

Transfer notice to CSC 03/14/2014

Change of address 03/27/2014

Card production ordered 04/30/2014

10-YEAR GREEN CARD ARRIVED 05/06/2014

N-400 Timeline

N-400 package mailed 09/30/2014

N-400 package delivered 10/01/2014

NOA1 date 10/20/2014

Biometrics date 11/14/2014

Early walk-in biometrics 11/12/2014

In-line for interview 11/23/2014

Interview letter 03/18/2015

Interview date 04/17/2015 ("Decision cannot yet be made.")

In-line for oath scheduling 05/04/2015

Oath ceremony letter dated 05/11/2015

Oath ceremony 06/02/2015

I am a United States citizen!

Share this post


Link to post
Share on other sites

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 


USCIS
August 12, 2008 - petition sent
August 16, 2008 - NOA-1
February 10, 2009 - NOA-2
178 DAYS FROM NOA-1


NVC
February 13, 2009 - NVC case number assigned
March 12, 2009 - Case Complete
25 DAY TRIP THROUGH NVC


Medical
May 4, 2009


Interview
May, 26, 2009


POE - June 20, 2009 Toronto - Atlanta, GA

Removal of Conditions
Filed - April 14, 2011
Biometrics - June 2, 2011 (early)
Approval - November 9, 2011
209 DAY TRIP TO REMOVE CONDITIONS

Citizenship

April 29, 2013 - NOA1 for petition received

September 10, 2013 Interview - decision could not be made.

April 15, 2014 APPROVED. Wait for oath ceremony

Waited...

September 29, 2015 - sent letter to senator.

October 16, 2015 - US Citizen

Share this post


Link to post
Share on other sites

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?

 

Share this post


Link to post
Share on other sites

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 


USCIS
August 12, 2008 - petition sent
August 16, 2008 - NOA-1
February 10, 2009 - NOA-2
178 DAYS FROM NOA-1


NVC
February 13, 2009 - NVC case number assigned
March 12, 2009 - Case Complete
25 DAY TRIP THROUGH NVC


Medical
May 4, 2009


Interview
May, 26, 2009


POE - June 20, 2009 Toronto - Atlanta, GA

Removal of Conditions
Filed - April 14, 2011
Biometrics - June 2, 2011 (early)
Approval - November 9, 2011
209 DAY TRIP TO REMOVE CONDITIONS

Citizenship

April 29, 2013 - NOA1 for petition received

September 10, 2013 Interview - decision could not be made.

April 15, 2014 APPROVED. Wait for oath ceremony

Waited...

September 29, 2015 - sent letter to senator.

October 16, 2015 - US Citizen

Share this post


Link to post
Share on other sites

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


You have brains in your head. You have feet in your shoes. You can steer yourself any direction you choose.  - Dr. Seuss

 

Share this post


Link to post
Share on other sites

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 by lilbastard
adding profile and timeline suggestion

Share this post


Link to post
Share on other sites
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!

Share this post


Link to post
Share on other sites

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 


USCIS
August 12, 2008 - petition sent
August 16, 2008 - NOA-1
February 10, 2009 - NOA-2
178 DAYS FROM NOA-1


NVC
February 13, 2009 - NVC case number assigned
March 12, 2009 - Case Complete
25 DAY TRIP THROUGH NVC


Medical
May 4, 2009


Interview
May, 26, 2009


POE - June 20, 2009 Toronto - Atlanta, GA

Removal of Conditions
Filed - April 14, 2011
Biometrics - June 2, 2011 (early)
Approval - November 9, 2011
209 DAY TRIP TO REMOVE CONDITIONS

Citizenship

April 29, 2013 - NOA1 for petition received

September 10, 2013 Interview - decision could not be made.

April 15, 2014 APPROVED. Wait for oath ceremony

Waited...

September 29, 2015 - sent letter to senator.

October 16, 2015 - US Citizen

Share this post


Link to post
Share on other sites

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. 


You have brains in your head. You have feet in your shoes. You can steer yourself any direction you choose.  - Dr. Seuss

 

Share this post


Link to post
Share on other sites
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.  

 

Share this post


Link to post
Share on other sites

Sure the misinformation line is always a good source.  :whistle:

 

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. :)


You have brains in your head. You have feet in your shoes. You can steer yourself any direction you choose.  - Dr. Seuss

 

Share this post


Link to post
Share on other sites
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.

Share this post


Link to post
Share on other sites
 
Didn't find the answer you were looking for? Ask our VJ Immigration Lawyers.

Create an account or sign in to comment

You need to be a member in order to leave a comment

Create an account

Sign up for a new account in our community. It's easy!

Register a new account

Sign in

Already have an account? Sign in here.

Sign In Now
- Back to Top -


Important Disclaimer: Please read carefully the Visajourney.com Terms of Service. If you do not agree to the Terms of Service you should not access or view any page (including this page) on VisaJourney.com. Answers and comments provided on Visajourney.com Forums are general information, and are not intended to substitute for informed professional medical, psychiatric, psychological, tax, legal, investment, accounting, or other professional advice. Visajourney.com does not endorse, and expressly disclaims liability for any product, manufacturer, distributor, service or service provider mentioned or any opinion expressed in answers or comments. VisaJourney.com does not condone immigration fraud in any way, shape or manner. VisaJourney.com recommends that if any member or user knows directly of someone involved in fraudulent or illegal activity, that they report such activity directly to the Department of Homeland Security, Immigration and Customs Enforcement. You can contact ICE via email at Immigration.Reply@dhs.gov or you can telephone ICE at 1-866-347-2423. All reported threads/posts containing reference to immigration fraud or illegal activities will be removed from this board. If you feel that you have found inappropriate content, please let us know by contacting us here with a url link to that content. Thank you.
×