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Can my spouse travel to US to visit while i-130 visa is processing?

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  • #76
    You are legally able to travel back and forth, but allowing you entry is discretionary at the Port of Entry.

    --Ray B

    Originally posted by Tyler Was Here View Post
    Am I legally entitled to continue travel back and forth as I've done for many years?

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    • #77
      Ray,
      Would you agree that a good option for me is to;
      1. Get the I-130 filed ASAP
      2. Continue to live my life as I have, travelling back and forth on a Canadian 6month/year visa
      3. File to adjust status once a visa becomes available, or my wife becomes a US Citizen.
      am I missing anything here?

      Comment


      • #78
        Okay, except that you should not file to Adjust status. Just go through your interivew process in Canada, and you won't have to pay the $1,275 Adjustment fee.

        --Ray B

        Originally posted by Tyler Was Here View Post
        Ray,
        Would you agree that a good option for me is to;
        1. Get the I-130 filed ASAP
        2. Continue to live my life as I have, travelling back and forth on a Canadian 6month/year visa
        3. File to adjust status once a visa becomes available, or my wife becomes a US Citizen.
        am I missing anything here?

        Comment


        • #79
          Hi There,

          My wife is a permanent resident with a green card in USA and we applied for my spouse visa last year and its almost a year when we submitted the form I-130 and received the receipt for that and nothing after that.On the last visit my wife got pregnant and now she is back in USA. Is there anyway I can get my visa process faster and i can be with her as she needs me.Reply would be awaited.

          Regards,
          Singh

          Comment


          • #80
            so I wait until I-130 is approved, then wait till visa is available, then how do I file or interview from Canada? I like not paying the $$, but I expected to.

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            • #81
              The State Department will then send you an interview package, which will be your authority to proceed with an immigrant medical exam and gather needed documents for the U.S. Consulate interview.

              --Ray B

              Originally posted by Tyler Was Here View Post
              so I wait until I-130 is approved, then wait till visa is available, then how do I file or interview from Canada? I like not paying the $$, but I expected to.

              Comment


              • #82
                Does it matter which address I use on the I-130? I have Canada and US addresses.

                Comment


                • #83
                  Your wife's address, as petitioner, should be on petition, and your Canadian address, as beneficiary, should be on petition.

                  --Ray B

                  Originally posted by Tyler Was Here View Post
                  Does it matter which address I use on the I-130? I have Canada and US addresses.

                  Comment


                  • #84
                    Some good comments I really appreciate Ray. If you were in my shoes, and your wife could apply for N400 in six months, what would you do?
                    I think the two options are to hold off and do nothing, or file the I-130. The fear of not filing I-130 is if my wife is denied naturalization.

                    Comment


                    • #85
                      Your wife does not have to be naturalized to petition you for a spousal visa. She can petitoin you as a GC holder, then change the status of the petition after she is naturalized.

                      --Ray B

                      Originally posted by Tyler Was Here View Post
                      Some good comments I really appreciate Ray. If you were in my shoes, and your wife could apply for N400 in six months, what would you do?
                      I think the two options are to hold off and do nothing, or file the I-130. The fear of not filing I-130 is if my wife is denied naturalization.

                      Comment


                      • #86
                        If I?m waiting for her to be naturalized as you mentioned, why should I bother filing I-130 now? Why not just wait and file I-130 & 485 when she?s approved.

                        Comment


                        • #87
                          If you are going to be processed in Canada, forget about the I-485. You can't be processed for Adjustment with I-485 while in Canada.

                          If your wife petitions you now, she can changes status of petition when she is naturalized.

                          --Ray B

                          Originally posted by Tyler Was Here View Post
                          If I?m waiting for her to be naturalized as you mentioned, why should I bother filing I-130 now? Why not just wait and file I-130 & 485 when she?s approved.

                          Comment


                          • #88
                            My fear is if we file I-130, I may get denied entry on one of my many border crossings. I would obviously have to say that I am intending on obtaining a GC, and they may decide not to let me back in.

                            Comment


                            • #89
                              Hi, I am also in the same situation as many of you and am in need of some advice please which would be greatly appreciated.

                              My husband is a US citizen and has filed the petition I-130A in february 2018, He recently received a letter from them to say they have received the form and that's about it. So we are at the initial stage of the process and we both understand that there is still a long way to go Whilst this is in process can I visit him and stay there for about 2.5 months?

                              My last visit to the states was in november 2017 for about 8 days and prior to that I also went in april 2017 for about 6 weeks.

                              We both really want to be with each other as its been more than a year since we got married, but at the same time we don't want to risk it in case of denial for entry access.

                              Any idea of how long the whole process might be or what we should expect to hear from them?

                              Many thanks for any suggestions!

                              Comment


                              • #90
                                The decision to allow entry to the U.S. is made at the Port of Entry or border crossing by Border Patrol officers.

                                --Ray B

                                Originally posted by silvermoon12 View Post
                                Hi, I am also in the same situation as many of you and am in need of some advice please which would be greatly appreciated.

                                My husband is a US citizen and has filed the petition I-130A in february 2018, He recently received a letter from them to say they have received the form and that's about it. So we are at the initial stage of the process and we both understand that there is still a long way to go Whilst this is in process can I visit him and stay there for about 2.5 months?

                                My last visit to the states was in november 2017 for about 8 days and prior to that I also went in april 2017 for about 6 weeks.

                                We both really want to be with each other as its been more than a year since we got married, but at the same time we don't want to risk it in case of denial for entry access.

                                Any idea of how long the whole process might be or what we should expect to hear from them?

                                Many thanks for any suggestions!

                                Comment

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