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MoKhaleel

I-130 case for Canadian Spouse of US citizen

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Hello everyone, I'm a US citizen and my wife is a Canadian citizen, we filed the I-130 package for her including I-130, I-131, I-765, I-485, I-864. We are waiting now for her travel document. My question is, as a Canadian citizen, can she travel to Canada and come back to the US even without her travel document? Thank you 

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She can of course  go to Canada and she can come back to visit, if she wants to immigrate she would need to go through the CR1 process.


“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

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From my understanding, your wife currently in US and you doing AOS for her which included AP. If she want go back to Canada,she have to wait until she have the AP in hand. Otherwise, if she go back to Can without AP, she will abandoned the AOS and you have to file for CR1.

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38 minutes ago, MoKhaleel said:

Hello everyone, I'm a US citizen and my wife is a Canadian citizen, we filed the I-130 package for her including I-130, I-131, I-765, I-485, I-864. We are waiting now for her travel document. My question is, as a Canadian citizen, can she travel to Canada and come back to the US even without her travel document? Thank you 

No.  She can travel to Canada, but she will not be coming back into the US if she leaves without AP.

If your wife leaves the US without AP, then she automatically abandons her AOS.  She would need to wait in Canada for a year while you file for a CR-1 immigration visa.

DO NOT TRAVEL OUTSIDE THE US WITHOUT AP.   

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52 minutes ago, MoKhaleel said:

Hello everyone, I'm a US citizen and my wife is a Canadian citizen, we filed the I-130 package for her including I-130, I-131, I-765, I-485, I-864. We are waiting now for her travel document. My question is, as a Canadian citizen, can she travel to Canada and come back to the US even without her travel document? Thank you 

Only if she is willing to abandon her Adjustment of Status...like anyone else who does so.


"Experience can be a tough teacher to those who fail to heed good advice"- Missileman, 12/6/18

 

First career- 20 year Retired E-8, USAF Missileer,

Second career-Retired Registered Nurse, experience in Labor& Delivery, Home Health, Adolescent & Adult Psych

Third career-Retired IT Developer & Database Administrator for surgical services dept.

 

Immigration Journey:

  • Texas Service Center after transfer from Nebraska
  • Consulate :Taipei, Taiwan
  • Marriage: 7/30/2015
  • I-130 NOA1 : 4/27/2016
  • I-130 Approved :9/8/2016
  • Case received at NVC: 10/11/2016                               
  • Case # and IIN#: 10/24/2016
  • AOS Fee Invoiced:10/24/2016  
  • AOS Fee Paid:10/25/2016
  • IV Fee Invoiced:10/24/2016  
  • IV Fee Paid:10/25/2016
  • DS-260 Completed: 10/28/16
  • Scan Date:11/9/2016
  • Supervisor review: 12/21/16 
  • Checklist: 1/13/17 
  • Case Complete: 4/10/17
  • Interview Date: 5/8/17 
  • Visa  "ISSUED": 5/10/17
  • Visa and Passport in hand/Flight to USA Booked!!!: 5/12/17  
  • POE Dallas DFW on June 22, 2017
  • SS Card received : 7/3/2017
  • 2-year Green Card received in mail: 7/15/17
 

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