US Immigration from Canada

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!

Hi there,

My husband (USC) and myself (Canadian in the US on B2) are about to submit our Adjustment of Status application. Below you'll find my checklist in regards to how to assemble our application as a whole, could anyone confirm this looks good? Also if anyone has a rough table of contents template they'd be willing to send me it would be greatly appreciated!

Thanks in advance and goodluck to other September filers!

Adjustment of Status Assembly

• Overall cover page + generalized table of contents for entire application as a whole

I-130 Section

• Money order / cheque for $535.00

• Cover letter + table of contents

• G-1145 e-notification

• Form I-130

• USC/Petitioner birth certificate (front and back)

• USC/Petitioner passport pages

• Beneficiary birth certificate

• Beneficiary passport

• Photocopy of our certified copy of marriage certificate

• 2 passport pics of petitioner

• 2 passport pics of beneficiary

• All bonafide marriage evidence

  • photos with family + friends

  • wedding photos

  • joint lease

  • joint bank account

  • joint credit card

  • other joint accounts - phone bill, utilities, spotify, netflix, hulu, gym membership

  • health insurance policy for both of us

  • text/call logs from AT&T

  • social media posts

  • affidavits (3 from his family/friends, 3 from mine)

  • hotels and flights from canada to usa

• Form I-130A

I-485 section

• Money order/cheque for $1225.00

• Cover letter + table of contents

• G-1145 e-notification

• Form I-485

• Beneficiary passport

• Copy of current I-94

• Beneficiary birth certificate

• Photocopy of certified copy of marriage certificate

• Beneficiary passport pictures

• Medical exam (**not including - we are bringing to interview )

• Form I-864

  • letter of employment

  • 6 months worth of pay stubs

  • W2's for the past 3 years

• Form I-765

• Form I-131

Hello everyone,

Wondering if anyone has had any experience with the domicile requirements through the Montreal consulate. Me and my Canadian wife are filling out our I-130 forms and are wondering if the address we intend to move to will be acceptable.

Since we are both living in Canada we will need to prove we intend to actually move back to the states.

We are planning on staying with my sister in her spare room for the first little while until we can get on our feet and get our own place. Will this be enough of proof or will we need to have a lease on our own place? I hear Montreal is very strict in this matter.

Alternatively we can stay at my parents house and work for them but they live in a different state and that s definitely not where we intend to establish ourselves.

Hello!

I have my interview coming up soon and I have a few questions. My wife and I moved a few months back and we both updated our addresses through the online forms but for the interview would I need to bring an updated i485 and i765 as well or would it already be updated on their petitions through the ar11 forms? We are already goong to prepare an updated i864

Hello!

I am starting the process of filing my n400 online and have reached the travel history section. It asks for every trip longer than 24 hours outside the US for the past 5 years. I live close to the border with Canada and often would cross for weekends pre pandemic or even randomly during the week. How am I supposed to remember every single weekend or trip to see my parents that may have lasted even slightly longer than 24 hours??