Advice on steps forward for filing with B2 Visa

[AM1CR1 1]

I just wanted to perhaps get some help on our situation. I've received some very helpful comments on my other post but I wanted to perhaps tackle some new information that came from a friend of a friend who is an immigrant lawyer supposedly. I want to file an I-130 +I-485 but I'm not sure if it would be risky to do it here in US and keep my wife with my during the process, or perhaps just have her move back to Canada while we process the I-130 through consular processing ( which would suck because from what I understand, we would be separated). Can someone please chime in here!

 

Our situation briefly in chronological order:

(I'm an american citizen + canadian citizen and my wife is a canadian citizen) 

 

- We had a small wedding back in Canada a few months ago because it was honestly all we could afford. 

- Our family decided that we should have a larger family wedding the following year, so they booked a venue and paid for everything. This is booked for 2020.

- The mutual friends that my spouse and I share decided that we would like to have a big trip to NYC to celebrate.

- While we were planning our trip to visit NYC, I was offered job training in NY but would relocate back to Toronto after the training. This was an opportunity that I applied for many months ago and did not really expect to hear back. The training was expected to take roughly 6-8 months.

- They wanted me to start in 3 months, so I started planning and packed my stuff. My wife along with my friends and family were going to come and help me fix up my place and unpack my stuff. We planned our trip to visit NYC after unpacking my stuff at my place and we enjoyed the city for 1 week. 

- After the week, I was discussing with my employer about the opportunities within the company and they suggested that I could perhaps just stay in NYC because they have a full-time position that will be opening up here around the time I finish my training. This is when I suggest the idea to my wife that we stay in the US and that's where we are now! She has already let her employers know back in Canada that she won't be coming back, and we're trying to figure out how we're going to go back next year for the family oriented wedding.

 

I guess here are my questions?

 

1. Is it a bad idea to file the I-130/I-485 here from the US right now? (It's been around 1 month from when we first entered the US) As Canadians, I believe we get a B2 visa automatically when we enter. I'm just concerned because the immigrant lawyer we spoke to said that filing concurrently would not be possible on a B2 visa? Is this true?

 

2. Additionally, the immigrant lawyer claimed that there will be a lot of issues if we file the I-130/I-485 from here in the US because since we're ALREADY married, they would deny her AoS application? I think it should also be noted that this same person claimed that since we're married, my wife wouldn't be able to enter the US due to the fact that I'm an american citizen and we're married.

 

3. I believe there's talk about the I-94 expiration date being the date that we MUST file before? I'm not exactly sure how these work and if someone can perhaps chime in on this, that would be great. We have a stamp in our passport that says "B2" and then a day/month that we're expected to come back. 

 

I can't really think of the specific questions I'm meaning to ask, they seem to have slipped my mind. I'm just looking for a little bit of guidance on the situation because we're relatively young! 

[Lil bear 3,848]

Intent was assessed at entry , so yes, she can apply to adjust her status after entering as a visitor with the declared intent of leaving . It is best to apply for this well before her authorised stay as a visitor expires, so she remains in authorised stay while it is being processed 

At the same time she should apply for Advanced Parole .. so she can travel and return ... and Employment authorisation .. so she can work .. otherwise she can’t leave and return or work until the adjustment of Status is complete. AOS is taking upwards of 18 months and EAD / AP 6 - 8 months ( all variable estimates !! ) 

So the only question is .. when is the big celebration in 2020 ( by the way it won’t be another wedding .. you are already married!! ) and is there enough time to be certain that the AP will come through by then ? Remember you are dealing with the USCIS... nothing is certain except the fact that nothing is certain !

Also, there will be impacts  on lifestyle regarding driving ( many states won’t issue a driver’s licence until the EAD is issued), decreased income as she can’t work until the EAD , possible high level of boredom if life is usually “ full” and now impacted by   having to wait months until work etc is allowed 

Summary .. yes she can legally adjust but is it the best way to go considering the restrictions?? Only you can answer that. 

Also ... You talk about “we have the B visa stamp in our passport “.  Did you enter the US using a Canadian or US passport ? 

As a USC, have you been filing tax returns ? 

Edited August 7, 2019 by Lil bear

[AM1CR1 1]

2 minutes ago, Lil bear said:

Intent was assessed at entry , so yes, she can apply to adjust her status after entering as a visitor with the declared intent of leaving . It is best to apply for this well before her authorised stay as a visitor expires, so she remains in authorised stay while it is being processed 

At the same time she should apply for Advanced Parole .. so she can travel and return ... and Employment authorisation .. so she can work .. otherwise she can’t leave and return or work until the adjustment of Status is complete. AOS is taking upwards of 18 months and EAD / AP 6 - 8 months ( all variable estimates !! ) 

So the only question is .. when is the big celebration in 2020 ( by the way it won’t be another wedding .. you are already married!! ) and is there enough time to be certain that the AP will come through by then ? Remember you are dealing with the USCIS... nothing is certain except the fact that nothing is certain !

Also, there will be impacts  on lifestyle regarding driving ( many states won’t issue a driver’s licence until the EAD is issued), decreased income as she can’t work until the EAD , possible high level of boredom if life is usually “ full” and now impacted by   having to wait months until work etc is allowed 

Summary .. yes she can legally adjust but is it the best way to go considering the restrictions?? Only you can answer that. 

 

Hi hi hi ! Thank you for the great response.

 

Realistically, yes it can be done with the restrictions. We looked into the restrictions before coming to a decision and it seems like it would be okay for us. Additionally, the celebration (yeah i guess it's not a wedding  ) in 2020 is around 7.5 months away? When we looked on the USCIS processing websites online, it seemed to be around 4-6 months for the vermont location. I think we might be okay? But I'm not sure. We're more concerned about the AP approval time rather than EAD.

 

We're just also very worried about her application facing any issues because of the fact that she was on a B2 visa. Will there be any issues of filing the I-130 + AoS so soon from her entry date (1 month ago)? 

[Boiler 43,758]

Very unusual for a Canadian to need a B visa, might be relevant.

[AM1CR1 1]

1 minute ago, Boiler said:

Very unusual for a Canadian to need a B visa, might be relevant.

 

Hmm we didn’t apply for it. I just thought that’s what’s issued to Canadians when we cross the land border ? It says B2 Visa on our passport when it was stamped to go across

[AM1CR1 1]

18 minutes ago, Lil bear said:

Also ... You talk about “we have the B visa stamp in our passport “.  Did you enter the US using a Canadian or US passport ? 

As a USC, have you been filing tax returns ? 

 

I entered the US with my American one and she entered hers with a Canadian one. She has a B2 stamp in our passport that says she must return on a certain day/month.

 

I haven't been filing tax returns every year because I haven't been employed up until this current offer. I've been a student up until a couple months ago.

[SalishSea 16,904]

7 minutes ago, AM1CR1 said:

 

Hmm we didn’t apply for it. I just thought that’s what’s issued to Canadians when we cross the land border ? It says B2 Visa on our passport when it was stamped to go across

B visas are applied for in American embassies and consulates.  Not at the land borders.

[AM1CR1 1]

9 minutes ago, Jorgedig said:

B visas are applied for in American embassies and consulates.  Not at the land borders.

oh well I have no idea then.Her  passport says B2 Class but we definitely did not apply for anything. We just drove over the border and thats what they gave us. This should be fine, correct? 

Edited August 7, 2019 by AM1CR1

[ADW & JOP 146]

I can confirm that it is a B2 visa.

 

Whenever I use the nexus booths to cross at Toronto Pearson Airport, you have to select a reason for going to the states. I choose for vacation/pleasure and in bracket it says (B2).

[Mollie09 1,543]

14 hours ago, AM1CR1 said:

 

I guess here are my questions?

 

1. Is it a bad idea to file the I-130/I-485 here from the US right now? (It's been around 1 month from when we first entered the US) As Canadians, I believe we get a B2 visa automatically when we enter. I'm just concerned because the immigrant lawyer we spoke to said that filing concurrently would not be possible on a B2 visa? Is this true?

 

2. Additionally, the immigrant lawyer claimed that there will be a lot of issues if we file the I-130/I-485 from here in the US because since we're ALREADY married, they would deny her AoS application? I think it should also be noted that this same person claimed that since we're married, my wife wouldn't be able to enter the US due to the fact that I'm an american citizen and we're married.

 

3. I believe there's talk about the I-94 expiration date being the date that we MUST file before? I'm not exactly sure how these work and if someone can perhaps chime in on this, that would be great. We have a stamp in our passport that says "B2" and then a day/month that we're expected to come back. 

 

I can't really think of the specific questions I'm meaning to ask, they seem to have slipped my mind. I'm just looking for a little bit of guidance on the situation because we're relatively young! 

 

So, step one is to stop listening to this lawyer.

Then,

1. No, not a bad idea, very possible to AOS from a B2.

2. There will be no issues filing for AOS because you're already married - it's the only reason you can apply for AOS. Your wife can enter the US as the wife of a US citizen and a tourist at the same time, nothing wrong with that. I'm so confused where the lawyer was going with this. Maybe thinking of intent? Not relevant.

3. Canadians are usually given B2 stamps and 6-month stays. Applying for AOS before that expires means there's no unauthorized stay, which is a positive. A period of unauthorized stay can cause issues if you decide to not go through with the AOS process, or if for some weird reason it's denied, or if she happens to be caught by immigration in the meantime.

 

So, back to the first step: stop listening to this lawyer, file AOS as soon as you can so she can apply for Advance Parole (AP) and Employment Authorization Document (EAD).

 

Good luck!

[AM1CR1 1]

13 minutes ago, Mollie09 said:

 

So, step one is to stop listening to this lawyer.

Then,

1. No, not a bad idea, very possible to AOS from a B2.

2. There will be no issues filing for AOS because you're already married - it's the only reason you can apply for AOS. Your wife can enter the US as the wife of a US citizen and a tourist at the same time, nothing wrong with that. I'm so confused where the lawyer was going with this. Maybe thinking of intent? Not relevant.

3. Canadians are usually given B2 stamps and 6-month stays. Applying for AOS before that expires means there's no unauthorized stay, which is a positive. A period of unauthorized stay can cause issues if you decide to not go through with the AOS process, or if for some weird reason it's denied, or if she happens to be caught by immigration in the meantime.

 

So, back to the first step: stop listening to this lawyer, file AOS as soon as you can so she can apply for Advance Parole (AP) and Employment Authorization Document (EAD).

 

Good luck!

 

Thank you so much for the helpful info! I wanted to know out of curiosity... Would it have been recommended to file right away like even 1 week AFTER we entered the US? Doesn’t that cause any issues on intent ? I’m just worried that since it’s only been roughly a month since we entered, and i don’t know how soon too soon is 

[Mollie09 1,543]

6 hours ago, AM1CR1 said:

 

Thank you so much for the helpful info! I wanted to know out of curiosity... Would it have been recommended to file right away like even 1 week AFTER we entered the US? Doesn’t that cause any issues on intent ? I’m just worried that since it’s only been roughly a month since we entered, and i don’t know how soon too soon is 

There are no rules on that, technically you can file whenever and that includes within a week of entering.

For me, personally, I think it's best to wait a while longer to make sure it's what you want.