i130 pending and want to legally stay in USA with my wife

[Sean3030 0]

Hello everyone, 

 

I am on tourist visa which is valid for six months of stay at one time. Myself and wife have been living away from each other and now it’s getting hard. I filed i130 from outside of USA in March 2022 and still pending. My 6 month stay will be over on 2nd May 2023 and plan was to re entry again but now we are nervous if officials say no entry. 
 

is there any way legally that I can adjust my status or file for some paperwork which let me stay in USA for longer and where border people won’t deny me entry.

 

Thank you in advance 

[Crazy Cat 39,246]

Where are you right now?

[Sean3030 0]

I am in US right now visiting my wife. My stay is until 1st May. After that I have to go back to Canada. 

[Crazy Cat 39,246]

7 minutes ago, Sean3030 said:

I am in US right now visiting my wife. My stay is until 1st May. After that I have to go back to Canada. 

You can legally adjust status.  However, you cannot return to Canada (or anywhere outside the US) or work in the US for as long as 8 months.  Are you prepared for that? 

 

I think most people would advise you to continue the spousal visit process with short visits until the visa is issued.

Edited December 20, 2022 by Crazy Cat

[Sean3030 0]

How can I do that? 

[Crazy Cat 39,246]

3 minutes ago, Sean3030 said:

How can I do that? 

Follow this guide.  However, there are significant drawbacks to adjusting status.  You cannot leave the US or work for, maybe, 8 months.  Are you prepared for that? 

 

Step-by-Step Guide on Filing an I-130 for a Spouse Inside the US - US Immigration & Visa Guides - VisaJourney

Edited December 20, 2022 by Crazy Cat

[Sean3030 0]

Thank you. 
 

So my i130 is already pending and been 9 months  since I applied for outside of the USA.

 

looks like I should apply for K3 visa. Right?

[Crazy Cat 39,246]

Every couple has their own priorities, and each couple must decide which visa is better for their situation.

Adjustment of Status    
      
    Can be done only after marriage (expensive and requires a lot of paperwork)    
    Spouse can not leave the US until she/he receives approved Advance Parole (approx 6-8 months)    
    Spouse can not work until she/he receives EAD (approx 6-8 months)    
    Some people have had problems with driver licenses, Social Security cards, leases, bank account during this period    
    Spouse will not receive Green Card for many months after Adjustment of Status is filed.
           

CR-1
    Less expensive than K-1    
    No Adjustment of Status(I-485, I-131, I-765) required.    
    Spouse can immediately travel outside the US    
    Spouse is authorized to work immediately upon arrival.    
    Spouse receives Social Security Card and Green Card within 2 or 3 weeks after entering the US    
    Opening a bank account, getting a driver's license, etc. are very easily accomplished with GC, SS card, and passport.
    Spouse has legal permanent Resident status IMMEDIATELY upon entry to US.
   

 

[Crazy Cat 39,246]

Just now, Sean3030 said:

Thank you. 
 

So my i130 is already pending and been 9 months  since I applied for outside of the USA.

 

looks like I should apply for K3 visa. Right?

K3 visas are dead.  They don't issue them anymore. The US citizen files an I-130...not the new immigrant.

[Crazy Cat 39,246]

You need to include a copy of the receipt for the filed I-130.  If you file for adjustment of status, you will not receive a Green Card for a long time. 

[Sean3030 0]

Thank you for valuable information. I will definitely look into CR1 visa. 

[Crazy Cat 39,246]

1 minute ago, Sean3030 said:

Thank you for valuable information. I will definitely look into CR1 visa. 

If your US spouse filed an I-130, you are already in the CR-1 process. 

[Sean3030 0]

Haha ok. I am sorry understanding USA immigration is hard for me. 

[Lil bear 3,831]

6 minutes ago, Sean3030 said:

Thank you for valuable information. I will definitely look into CR1 visa. 

You are on the path already for CR/IR1 as the first step is the I130. After its approval ypu then apply for the visa to immigrate. This is done from outside the US through Consular processing.  Deciding to stay and adjust status is changing course mid stream and , while it allows you to remain in the US instead of returning home while it is processing .. it comes at significant cost .. and not just $$$

Edited December 20, 2022 by Lil bear

[Sean3030 0]

So is there difference between CR1 and i485?