Where to start

[Walees 1]

Hey everyone, we're just looking to start the process & have a few questions. 

 

Our current situation: 

- Husband is a US citizen

- Wife is Canadian

- We currently live in Canada & want to move to the US (Michigan)

 

My understanding is that these forms would apply to us...

- i-130: To establish relationship

- i-485: Adjustment of status

- i-765 Application of employment authorization

- EAD: Employment authorization 

 

We're not sure if we should move first then file, what documents to file first or if they can all be filed at the same time & if there are other forms required in this situation?

I believe the first step is to file the i-130 but have read it can take over a year to process & we would like to live/work in the US while it's pending. 

 

[Dashinka 24,111]

26 minutes ago, Walees said:

Hey everyone, we're just looking to start the process & have a few questions. 

 

Our current situation: 

- Husband is a US citizen

- Wife is Canadian

- We currently live in Canada & want to move to the US (Michigan)

 

My understanding is that these forms would apply to us...

- i-130: To establish relationship

Only the I130 and I130A to get started (see guide below).

26 minutes ago, Walees said:

- i-485: Adjustment of status

- i-765 Application of employment authorization

- EAD: Employment authorization 

Not needed if going through consular processing (see below).

26 minutes ago, Walees said:

 

We're not sure if we should move first then file, what documents to file first or if they can all be filed at the same time & if there are other forms required in this situation?

You cannot enter the US with the intent to stay and adjust status, so your only option is to have your husband file the I130, and go through consular processing unless you are currently physically present in the US.

26 minutes ago, Walees said:

I believe the first step is to file the i-130 but have read it can take over a year to process & we would like to live/work in the US while it's pending. 

 

Your husband will need to re-establish ties to the US and I have heard Montreal can be very strict about that.   If your husband has a reason to repatriate to the US on short notice, you could also look at doing a Direct Consular Processing. 

 

Good Luck!

 

 

Edited April 9 by Dashinka

[Crazy Cat 41,208]

The I-485, I-765 do not apply since you are outside the US.  

Option 1: DCF (Spousal Visa) if you have exceptional circumstances

Option 2: US spouse starts the spousal visa process by filing an I-130 with USCIS.

 

You cannot enter the US as a visitor with the intent to stay and file an I-485.  Good luck.

[Walees 1]

24 minutes ago, Dashinka said:

Only the I130 and I130A to get started (see guide below).

Not needed if going through consular processing (see below).

You cannot enter the US with the intent to stay and adjust status, so your only option is to have your husband file the I130, and go through consular processing unless you are currently physically present in the US.

Your husband will need to re-establish ties to the US and I have heard Montreal can be very strict about that.   If your husband has a reason to repatriate to the US on short notice, you could also look at doing a Direct Consular Processing. 

 

Good Luck!

 

 

Thank you for the info, I should specify he still travels back & forth to the US as he works there

[Dashinka 24,111]

39 minutes ago, Walees said:

Thank you for the info, I should specify he still travels back & forth to the US as he works there

OK, so DCF doesn't appear to be an option.  In your case, you need to get the I130 moving if your plan is to move to the US.

 

Good Luck!

[Ontarkie 14,134]

~~Moved to IR1/CR1 P&P, from Bringing Family of USC - as spousal visas are discussed here.~~

[Volli 28]

3 hours ago, Walees said:

Hey everyone, we're just looking to start the process & have a few questions. 

 

Our current situation: 

- Husband is a US citizen

- Wife is Canadian

- We currently live in Canada & want to move to the US (Michigan)

 

My understanding is that these forms would apply to us...

- i-130: To establish relationship

- i-485: Adjustment of status

- i-765 Application of employment authorization

- EAD: Employment authorization 

 

We're not sure if we should move first then file, what documents to file first or if they can all be filed at the same time & if there are other forms required in this situation?

I believe the first step is to file the i-130 but have read it can take over a year to process & we would like to live/work in the US while it's pending. 

 

 

In your case, this is the official path you need to follow:

 

https://travel.state.gov/content/travel/en/us-visas/immigrate/the-immigrant-visa-process/step-1-submit-a-petition.html

 

The US-citizen starts with I-130 and the beneficiary starts with I-130A along with all the other required documents.

 

https://www.uscis.gov/i-130

 

We did it this way and had no problems at all.

 

Good luck!

 

Edited April 9 by Volli

[pushbrk 12,570]

A link to the guide has been provided.  Start there.  18 to 24 months is the proper expectation for when you will have an immigrant visa and can move to the USA.

[JD2 61]

13 hours ago, Walees said:

Thank you for the info, I should specify he still travels back & forth to the US as he works there

He can continue to go back and forth during the process and you can even visit the US while consular processing.