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When can my husband come?

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  • When can my husband come?

    I am a US citizen currently living in the US. My kids are citizens as well. My husband lives in Canada currently. I filed the I 130 on october 25th. I haven't received the receipt yet. once/if the I130 is approved can my husband come to the US? The plan would be to file an adjustment to status once he arrives. Also, would it be easier if he comes here earlier in the process?

    Thanks
    10/25/19 - i130 form sent to TX (regular mail)
    10/29/19 - official filing date
    11/09/19 - i130 receipt received

    US/Canadian citizen petitioning for my husband. Apart since October 16th 2019.

  • #2
    What type of visa are you applying for?

    Comment


    • #3
      it depends on a number of things

      Comment


      • #4
        first, what type of visa did u apply for?

        Comment


        • #5
          Your husband cannot enter the US on a visitor visa or most types of nonimmigrant visa with preconceived intent to apply for Adjustment of Status during that stay. So he would most likely not do Adjustment of Status, but rather do Consular Processing abroad for an immigrant visa.

          This is my personal opinion and is not to be construed as legal advice.

          Comment


          • #6
            I filed the i130 to establish the marriage so we are not applying for a particular visa. I want to apply for his green card once the marriage is established with the i130
            10/25/19 - i130 form sent to TX (regular mail)
            10/29/19 - official filing date
            11/09/19 - i130 receipt received

            US/Canadian citizen petitioning for my husband. Apart since October 16th 2019.

            Comment


            • #7
              Having an I-130 petition does not give him any ability to enter or stay in the US. The normal process of someone applying from abroad is to do Consular Processing at a US consulate for an immigrant visa, instead of Adjustment of Status in the US.

              This is my personal opinion and is not to be construed as legal advice.

              Comment

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