Petitioner filed I130 while living outside of US, now moving back…

[ThisIsHell 15]

Hi there,

 

My wife and I got married in March 2021 and filed for the I130 in May 2021. We were both living in Canada at the time. 

 

My wife has now bought a house in the US and is moving back to be closer to her family in the hope that I can join her soon.

 

In the meantime, it is my understanding that I can visit her for a maximum of 6 months per year which I intend to do multiple 3-weeks stay. I have a well paid job in Canada so I believe I will be able to show I have no intent of staying in the US.

 

I am wondering whether letting USCIS know that my wife (who filed the I130) has now moved back to the US will in any way speed up the process? Do petitioners living in the US have any priority over those living abroad? 

 

Also, is there any way to spend more time in the United States with my wife while waiting for the I130 to be processed? Other than a B2 visitor visa? 

 

Any information would help.

 

Thanks again

Edited July 21, 2021 by SamuelR

[Ontarkie 14,947]

~~Moved to IR1/CR1 P&P, from DCF~~ 

 

Planning to visit and AOS is fraud so take that out not an option. 

 

Canadians get 6 months to visit and this is subjective to the border on day of travel. No need for a visitor visa B. 

 

join the Canada forum and find the  active ongoing thread. You're looking at a long wait. 

Edited July 21, 2021 by Ontarkie

[Crazy Cat 44,423]

1 hour ago, SamuelR said:

Hi there,

 

My wife and I got married in March 2021 and filed for the I130 in May 2021. We were both living in Canada at the time. 

 

My wife has now bought a house in the US and is moving back to be closer to her family in the hope that I can join her soon.

 

In the meantime, it is my understanding that I can visit her for a maximum of 6 months per year which I intend to do multiple 3-weeks stay. I have a well paid job in Canada so I believe I will be able to show I have no intent of staying in the US.

 

I am wondering whether letting USCIS know that my wife (who filed the I130) has now moved back to the US will in any way speed up the process? Do petitioners living in the US have any priority over those living abroad? 

 

Also, is there any way to spend more time in the United States with my wife while waiting for the I130 to be processed? Other than a B2 visitor visa? 

 

Any information would help.

 

Thanks again

You can visit your spouse in the US during the spousal visa process, but EVERY visit is at the discretion of CBP.  Be prepared to convince them you intend to return to Canada after the visit.

[ThisIsHell 15]

7 minutes ago, Lucky Cat said:

You can visit your spouse in the US during the spousal visa process, but EVERY visit is at the discretion of CBP.  Be prepared to convince them you intend to return to Canada after the visit.

 

Thanks for the info. Is there any supporting documentation that I should bring to ease the process at the border and demonstrate my intent to return to Canada?

[Crazy Cat 44,423]

1 minute ago, SamuelR said:

 

Thanks for the info. Is there any supporting documentation that I should bring to ease the process at the border and demonstrate my intent to return to Canada?

Personally, I would bring documentation of current job status, leases, etc.  Good luck.

[P0907 132]

1 hour ago, SamuelR said:

I am wondering whether letting USCIS know that my wife (who filed the I130) has now moved back to the US will in any way speed up the process? Do petitioners living in the US have any priority over those living abroad? 

It won't speed up the process nor is there a priority. Priority is based on date of application and emergency factors such as financial loss, risk of harm, etc.

 

The only difference it makes is whether the petitioner is proving domicile or proving intent to re-establish domicile (neither of which is more difficulty anyway).

Edited July 21, 2021 by P0907