Using Form I-130 & Form 1-485 A Viable Option?

[Canucklehead 58]

Hi all! My wife and I are now ready to begin the process in earnest to move to the USA. She is an American citizen and I am a Canadian citizen, currently living in Canada.

 

In looking at our immigration steps, we must first file Form 1-130 (Petition for Alien Relative) if we begin the process while living in Canada. After that, we would have to wait for the results of our petition, and at that point be required to provide proof of domicile.

 

However. I also read that if a spouse is already lawfully present in the United States, that you can file Form 1-130 at the same time as Form I-485 (Application to Register Permanent Residence or Adjust Status). Doing so allows both parties to remain in the USA and work while awaiting the results. The only stipulation being that you must remain in the USA while this processes.

 

In looking at these two options, I feel like the best option for both time and economics is for my wife and I to travel to the USA lawfully (myself as a tourist) and then fill out the forms once we have arrived. My concern is that I have seen people mention that you can't have intended to do this.

 

However, I see other posts where people travelled to the US as tourists, married their spouse in the USA and then applied and gained PR while staying the USA. Would that not be read as travel with intent to gain PR too then in that case?

 

I appreciate any clarification/insight/advice - thank you!

Edited September 22, 2021 by Canucklehead

[Ryan H 3,795]

3 hours ago, Canucklehead said:

I feel like the best option for both time and economics is for my wife and I to travel to the USA lawfully (myself as a tourist) and then fill out the forms once we have arrived.

 

What your are suggesting is fraud, this is not an option for you.

 

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Edited September 22, 2021 by Ryan H