Submitting I-485 and Employment Authorization directly after the I-130

[SDNOMAD 17]

Like what kind of ties? He’s a born and raised Canadian who married myself an American Citizen born and raised we’re just trying to become established we actually rent a home together in California etc...

[Crazy Cat 39,151]

2 minutes ago, SDNOMAD said:

Like what kind of ties? He’s a born and raised Canadian who married myself an American Citizen born and raised we’re just trying to become established we actually rent a home together in California etc...

Evidence which will convince a border officer that he does not intent to remain in the US beyond the authorized visit.  If CBP suspects he intends to stay in the US, he can be denied entry.  If CBP suspects he is living in the US via a non-immigrant route (visitor visa), he can be denied entry.

[little immigrant 800]

Just to be perfectly clear. He will not come to the US in September and start to live here. He might be allowed to visit. He needs to finish the process in Canada. Once he has the visa in his passport, he can enter the US as a legal permanent resident. 

[SDNOMAD 17]

No intent to permanently stay until he has his PR! Thanks for the info guys!  

[Dashinka 23,190]

8 hours ago, SDNOMAD said:

Like what kind of ties? He’s a born and raised Canadian who married myself an American Citizen born and raised we’re just trying to become established we actually rent a home together in California etc...

It may be difficult especially since you mentioned you and he plan to come to the US with him staying for 6 months which may look suspicious to CBP and shows a lack of ties to Canada.  He may be let in the first time, assuming he leaves in 6 months if he tries to re-enter again shortly afterward, he may be denied.  The point is don't abuse the advantage you have where you and your significant other can maintain some semblance of a face-to-face relationship during the I130 process, visit, buy a house, but I would recommend keeping the visits relatively short.

 

Good Luck!

[carmel34 3,523]

Think of this from the CBP officer's point of view.  If you and your Canadian husband enter the US and when asked "what is the purpose of your visit," as they always do, and he replies, "to go to California with my US wife and buy a house there," he could be denied entry because of strong ties to the US.  I would suggest that he say something like "to go to California for a few months with my US wife to buy a house and then return to Canada where I will work at my regular job and wait out the I-130 spousal visa process."   Good luck!

Edited July 24, 2019 by carmel34

[Bruce Herrington 8]

17 hours ago, SDNOMAD said:

Hi there! 

 

Just submitted the I-130 last week to petition for my husband, although I was informed by a friend who is actually petitioning for his wife that there lawyer submitted the I-130 and the I-485 and employment authorization all together has anyone else done this? Would it allow my husband to work in the US sooner?

 

Thanks  

You will never need to file a I-485 unless he gets a K3 visa. The only thing you can do to (possibly) speed things up is file a 129f to apply for a K3 visa. Most K3's are being denied because USCIS processes the I-130 immediately instead. The 129f is free also, nothing to loose.

[Crazy Cat 39,151]

1 hour ago, Bruce Herrington said:

You will never need to file a I-485 unless he gets a K3 visa. The only thing you can do to (possibly) speed things up is file a 129f to apply for a K3 visa. Most K3's are being denied because USCIS processes the I-130 immediately instead. The 129f is free also, nothing to loose.

Is this a USCIS rule, or have only a few K-3 I-130s been approved at a single USCIS service center?

Edited July 24, 2019 by missileman

[geowrian 22,335]

"Immediately" and USCIS don't go together.

[pushbrk 12,086]

Ties to home country usually include a job.  Ties to a US Citizen spouse are seen to be stronger than nearly anything else, a strong indication of immigrant intent.  Is the Canadian Spouse going to keep their job in Canada?  If not, there could well be problems with doing a lot of visiting.  Even with strong ties, he must spend more time out of the US than in.

[SunnyTiger 9]

We did a similar thing and filed the I-130 from Canada and then I (USC) moved to Texas first.  Hubs got a TN visa when we realized how long the process would take.  He did have trouble at the border once and nearly was turned away, but eventually they let him through.  

 

Filing the I-130 and I-1485 at the same time is now discouraged due to current administration practices, according to a lawyer we consulted...unless you waited at least 3 months after entry on a visitor visa or something.  Previously when Canadians would cross over under a visitor visa and then file for AOS it was ok, but not now in current political climate.  

 

Once our I-130 was approved, we were advised that we could continue with consular processing or file the I-485 and it wouldn't be an issue then.  We are going back to Montreal for his interview...whenever NVC schedules him for an appointment.  Mainly our reason is to get it finished up and there is a major backlog of cases in Houston.  Total timeline is 15+ months and counting since we started this process from Calgary.

 

One thing to note, I ended up buying the house in my name only for the deed and mortgage since he didn't have a SSN or legal status in the US when I closed on the house.  Maybe its the state or the lender, but just thought you may need to be aware of that.

 

YMMV and good luck!

[Crazy Cat 39,151]

3 minutes ago, SunnyTiger said:

 Previously when Canadians would cross over under a visitor visa and then file for AOS it was ok, but not now in current political climate.  

The law hasn't changed.........

[SunnyTiger 9]

1 minute ago, missileman said:

The law hasn't changed.........

No, but the interpretation of it has changed.  

[geowrian 22,335]

7 minutes ago, SunnyTiger said:

No, but the interpretation of it has changed.  

It was always illegal to enter with B-2 status with intent to stay/AOS. That hasn’t changed.

[SunnyTiger 9]

1 minute ago, geowrian said:

It was always illegal to enter with B-2 status with intent to stay/AOS. That hasn’t changed.

I'm not going to argue (pointless to do so on the internet), but I do know many, many Canadians who entered the US on a visitor visa and then did AOS after they arrived in past years.  Previously it wasn't an issue, but now it is not recommended based on how they are looking at the cases.  With you being from the Philippines and other poster from Taiwan (or your sig other) that wouldn't have been an option for you as you need a visa to get the US in the first place, while you typically don't need one from Canada.