Canadian adjust status on B2 status?

[candypaint1002 1]

My husband's I-140 was approved and we're looking to file I-485 to adjust status. He is already in the US on a F1 visa. I'm a Canadian citizen and currently live outside of the US. We don't want to go the IVP route because we don't know how long it would take and we would rather not to be separated apart. 

 

I'm just wondering if I'm able to adjust my status by entering the US using my Canadian passport on a B-2 status (according to my I-94 from my previous trips)? We're planning to adjust after 90 days from my arrival date to avoid complications.

 

If it helps, we've been married for over 2 years and I had multiple trips to the US for the past 4 years.

 

Thanks for the help.

[mushroomspore 3,043]

18 minutes ago, candypaint1002 said:

My husband's I-140 was approved and we're looking to file I-485 to adjust status. He is already in the US on a F1 visa. I'm a Canadian citizen and currently live outside of the US. We don't want to go the IVP route because we don't know how long it would take and we would rather not to be separated apart. 

 

I'm just wondering if I'm able to adjust my status by entering the US using my Canadian passport on a B-2 status (according to my I-94 from my previous trips)? We're planning to adjust after 90 days from my arrival date to avoid complications.

 

If it helps, we've been married for over 2 years and I had multiple trips to the US for the past 4 years.

 

Thanks for the help.

If you are outside of the US right now, you cannot enter on B2 status with the preconceived plan of staying in the US to adjust your status. That is considered fraud and is illegal. You guys will have to pursue other options. I am not familiar with I-140 so I can't comment on what your options are. But it is for certain you cannot pursue this plan on entering as B2 and then file I-485. There is also no such thing as a 90-day rule with USCIS.

Edited May 2, 2022 by mushroomspore

[mushroomspore 3,043]

29 minutes ago, candypaint1002 said:

My husband's I-140 was approved and we're looking to file I-485 to adjust status. He is already in the US on a F1 visa. I'm a Canadian citizen and currently live outside of the US. We don't want to go the IVP route because we don't know how long it would take and we would rather not to be separated apart. 

 

I'm just wondering if I'm able to adjust my status by entering the US using my Canadian passport on a B-2 status (according to my I-94 from my previous trips)? We're planning to adjust after 90 days from my arrival date to avoid complications.

 

If it helps, we've been married for over 2 years and I had multiple trips to the US for the past 4 years.

 

Thanks for the help.

I looked up I-140 and saw that it is for employment-based immigration, meaning your husband is now a green card holder. For green card holders' spouses who are currently outside the US, your spouse needs to file I-130 and then go through consular processing. For Canada, that is Montreal. Info here: https://www.uscis.gov/family/bring-spouse-to-live-in-US

[SalishSea 16,770]

2 hours ago, candypaint1002 said:

My husband's I-140 was approved and we're looking to file I-485 to adjust status. He is already in the US on a F1 visa. I'm a Canadian citizen and currently live outside of the US. We don't want to go the IVP route because we don't know how long it would take and we would rather not to be separated apart. 

 

I'm just wondering if I'm able to adjust my status by entering the US using my Canadian passport on a B-2 status (according to my I-94 from my previous trips)? We're planning to adjust after 90 days from my arrival date to avoid complications.

 

If it helps, we've been married for over 2 years and I had multiple trips to the US for the past 4 years.

 

Thanks for the help.

Nope.

[Daphne . 1,670]

19 hours ago, candypaint1002 said: 

 

I'm just wondering if I'm able to adjust my status by entering the US using my Canadian passport on a B-2 status (according to my I-94 from my previous trips)? We're planning to adjust after 90 days from my arrival date to avoid complications.

 

Nope, that is not allowed..

[Kai G. Llewellyn 821]

20 hours ago, candypaint1002 said:

My husband's I-140 was approved and we're looking to file I-485 to adjust status. He is already in the US on a F1 visa. I'm a Canadian citizen and currently live outside of the US. We don't want to go the IVP route because we don't know how long it would take and we would rather not to be separated apart. 

 

I'm just wondering if I'm able to adjust my status by entering the US using my Canadian passport on a B-2 status (according to my I-94 from my previous trips)? We're planning to adjust after 90 days from my arrival date to avoid complications.

 

If it helps, we've been married for over 2 years and I had multiple trips to the US for the past 4 years.

 

Thanks for the help.

Nope. Can't do that. You'd need to go via Consular processing. I'm not sure if a derivative can go via consular processing while the principal applicant adjusts status, can't say I've looked into it. Maybe someone here can clarify if that's possible?

 

Outside of that, once your husband does become a LPR, he could file an I-130 and you go the F2A route. Unfortunately that'd effectively double the length of the process, as you'd have to wait for the I-485 for your husband to be approved before even thinking about the I-130.

EDIT: Looks like he'd need to file I-824 to get USCIS to get a IV case created at the NVC for the derivative within one year of the visa becoming available per 9 FAM 502.1-1(D)(6)(a)(1) - https://fam.state.gov/fam/09FAM/09FAM050201.html

Edited May 2, 2022 by Kai G. Llewellyn

[Boiler 43,430]

An approved I 140 still needs an interview so could be some way off. Agree grab one in Canada and come in that way.