I130 Class of admission B2 or WT? i94?

[jasonf 4]

I will try to keep this short. I moved to Canada to marry my now wife 5+ years ago.  We are now married with 2 kids and when traveling to the US for the Christmas holidays we have decided to stay in the United States and file for her green card.  She has been in the United States since mid December 2018.  When she entered the United States she was traveling on her Canada Passport.  It is my understanding we need to file a I-485 and a I-130.  In looking at the I-130 it is asking for class of admission and there are a ton of options to pick from although it is not immediately clear to me which is the correct answer.   I think it maybe a B2 or WT but am not sure. Or do we not fill this section out as it may be n/a?  Also how does the I-94 fit into all this?

 

Thanks,  

Jason

   

 

 

[prolixus 6]

You aren't supposed to file for adjustment of status after having entered on a B-2 or visa waiver as a tourist. While it is technically possible, and situations do change, what your spouses intentions were when she crossed the border will be very important if you go through with it. If she came with the intention to adjust status on B-2/visa waiver, she'll have to go back to Canada and apply for an IR-1 immigrant visa. What was said to the border agents is especially important as to what your intentions were if you do file for adjustment of status. 

 

I don't know too much about this, others who are more experienced will probably come to give better advice lol. 

[Roel 7,191]

9 minutes ago, prolixus said:

You aren't supposed to file for adjustment of status after having entered on a B-2 or visa waiver as a tourist. While it is technically possible, and situations do change, what your spouses intentions were when she crossed the border will be very important if you go through with it. If she came with the intention to adjust status on B-2/visa waiver, she'll have to go back to Canada and apply for an IR-1 immigrant visa. What was said to the border agents is especially important as to what your intentions were if you do file for adjustment of status. 

 

I don't know too much about this, others who are more experienced will probably come to give better advice lol. 

 

It doesn't matter how what her intentions were. She was allowed in the US and she can adjust status. 

 

(Unfair but it is what it is) 

[Crazy Cat 39,215]

47 minutes ago, jasonf said:

I will try to keep this short. I moved to Canada to marry my now wife 5+ years ago.  We are now married with 2 kids and when traveling to the US for the Christmas holidays we have decided to stay in the United States and file for her green card.  She has been in the United States since mid December 2018.  When she entered the United States she was traveling on her Canada Passport.  It is my understanding we need to file a I-485 and a I-130.  In looking at the I-130 it is asking for class of admission and there are a ton of options to pick from although it is not immediately clear to me which is the correct answer.   I think it maybe a B2 or WT but am not sure. Or do we not fill this section out as it may be n/a?  Also how does the I-94 fit into all this?

 

Thanks,  

Jason

   

 

 

Must be difficult for an entire family to suddenly leave everything behind after entering the US for a short visit during the holidays......Must be very, very difficult.

[Roel 7,191]

1 minute ago, missileman said:

Must be difficult for an entire family to suddenly leave everything behind after entering the US for a short visit during the holidays......Must be very, very difficult.

"Spontaneous" decisions like that are very popular around here. 

[prolixus 6]

6 minutes ago, Roel said:

 

It doesn't matter how what her intentions were. She was allowed in the US and she can adjust status. 

 

(Unfair but it is what it is) 

Yeah that is true. Intent is determined at the border so if she's in the US currently then it would've been determined there was no immigrant intent at that time. Maybe this is given a little more scrutiny at the interview stage? No idea.. Sigh

[Crazy Cat 39,215]

1 hour ago, jasonf said:

I will try to keep this short. I moved to Canada to marry my now wife 5+ years ago.  We are now married with 2 kids and when traveling to the US for the Christmas holidays we have decided to stay in the United States and file for her green card.  She has been in the United States since mid December 2018.  When she entered the United States she was traveling on her Canada Passport.  It is my understanding we need to file a I-485 and a I-130.  In looking at the I-130 it is asking for class of admission and there are a ton of options to pick from although it is not immediately clear to me which is the correct answer.   I think it maybe a B2 or WT but am not sure. Or do we not fill this section out as it may be n/a?  Also how does the I-94 fit into all this?

 

Thanks,  

Jason 

 

 

I would read this guide very, very carefully.  Please note that once the I-485 is filed, your spouse can NOT exit and re-enter the US or work for ~4-7 months.....She will also lose her Canadian health care, etc.......

https://www.visajourney.com/content/i130guide2/

[Daphne . 1,670]

20 minutes ago, Roel said:

"Spontaneous" decisions like that are very popular around here. 

I will never understand how that works..

 

How do people do that with jobs, bills and kids in school? You just send an e-mail or call your boss/school/family to inform them you’re not coming back from your vacation or trip? How on earth does that work?! And this is a rethorical question 😊

 

When I was in The States last year and met with our lawyer and I was informed that I could just stay, marry and adjust status (which would be perfectly legal) I thought she was crazy! 

 

It always puzzles me when I read posts like that.. 

 

 

[jasonf 4]

Wow that is a lot of comments very quickly on my post and nobody has answered my question.  I found the i94 on the CBP website and was able to get the information I needed on my own.  I am surprised with what seems like a lot of knowledgeable people around here that nobody could offer me advice to check the CBP website for the I94 report to get this information.  

As far as all the other people commenting about my situation, I was not asking for opinions.  I would think this forum would work best if people are here trying to help each other out and not providing comments not related to people's questions.  

 

Thanks,

 

Jason 

[Just Paul 4,591]

10 minutes ago, jasonf said:

I found the i94 on the CBP website and was able to get the information I needed on my own.

Are you going to share the answer for others to learn from?

[Crazy Cat 39,215]

12 minutes ago, jasonf said:

Wow that is a lot of comments very quickly on my post and nobody has answered my question.  I found the i94 on the CBP website and was able to get the information I needed on my own.  I am surprised with what seems like a lot of knowledgeable people around here that nobody could offer me advice to check the CBP website for the I94 report to get this information.  

As far as all the other people commenting about my situation, I was not asking for opinions.  I would think this forum would work best if people are here trying to help each other out and not providing comments not related to people's questions.  

 

Thanks,

 

Jason 

Everyone is free to add comments.  If you think a comment violates the terms of service, feel free to report the post.  

[jasonf 4]

I did post the anwser.  You need to go to the CBP website and search for the I94 using your passport number which will have all the information about the class of admission as well as length of stay allowed etc etc...  

[Crazy Cat 39,215]

1 minute ago, jasonf said:

I did post the anwser.  You need to go to the CBP website and search for the I94 using your passport number which will have all the information about the class of admission as well as length of stay allowed etc etc...  

To answer one of your questions  "How does the I-94 fit into all this"- Any person who stays beyond the expiration of their I-94 is subject to removal......unless given authorized stay.....

[geowrian 22,335]

Intent alone is not a basis for denial of AOS.  That doesn't mean if somebody had fraudulent intent but got by CBP, that they didn't commit fraud. It just means it won't be held against them. 🤷‍♂️

That said, there's no way to know what was the case here.

Canada allows somebody to enter with immigrant intent so long as it is believed that they will exit if such application is denied. I wouldn't be surprised if a Canadian mistakenly thought that applied to the US as well.

 

Edit: The I-94 can be viewed here: https://i94.cbp.dhs.gov/I94/

Edited June 4, 2019 by geowrian

[Cyberfx1024 7,978]

Honestly I really do not see this ending well. Because to me this is clear visa fraud and anyone who actually looks at this will think so as well.