I-130 Questions

[Hodder 0]

Hi there, everyone.

I probably just spent the better part of an hour or two reading through this forum. Needless to say, the people here seem friendly and helpful. I figured I would go ahead and make an account, and see if anybody could give me any insight.

I'm 20 (21 in July), and my husband is 24 (25 in June). We met online through a MMORPG three and a half years ago. We've been married for 26 months. We've spent most of our relationship visiting each other for several months at a time, but now it's time to settle down. My husband intends on immigrating from Canada to live with my family and I, because my parent's aren't in that great of physical condition and we live on a small farm. Everything else in-between is blahblah, I'm sure you can buffer it out.

I have several questions.

I've only worked one job, and that was two years ago. I've recently gotten hired on for minimum wage, working full time hours at my local Wal-Mart. My father's been out of a job for several years now, due to poor physical condition (he's in the process of getting disability). My mother recently picked up a job, and my sister's been waitressing at the same restaurant for eight years now for $2.50 an hour plus tips. I'm sure between co-sponsors/signers, assets, etc., there will be more than enough for our Affidavit of Support.

My husband pays child support, monthly, and despite having two months where he was out of a job, has caught back up and paid an additional several months in advance. The mother or child have nothing to do with us.

I have pictures from our wedding, can get documents notarized from the people who attended, etc. While I take many pictures of him (or he takes them of me), there's not a lot of pictures of us together. I'm sure I have over years worth of chat logs, phone calls, etc. through Facebook and Skype. Some e-mails as well.

So let me cut to the questions.

• Would child support interfere with immigration?
  
• Can a house (fully owned) be listed as an asset?
  
• How would Facebook pictures/chat logs be listed as proof?
  

The more I read, the more I get confused. But hold on, there's just a little bit more.

I'm sorry to bombard you all with a wall of text.

As I mentioned, my parents aren't doing too well physically. My father can't keep up with the yard work, and now with all of the women in the house working, leaving him alone during the day, we're really worried about him stumbling or hurting himself with nobody around (happened the other day). It's to the point where my husband might need to come down and watch him during the day as we have no other available options.

If I understand correctly, if the spouse is in the country through legal means, you can still file I-130 (just taking out/adding a form or two, I don't recall off the top of my head..been trying to cram in so much information lately).

If I'm not mistaken, all of the paperwork I need (given to me in a very to-the-point document from a friend who went through immigration), it would cost roughly $1400. That's everything at once though, the I-130 is only $420. Once the I-130 is sent in, (from what I've come to understand) my husband is allowed to stay until it is accepted and we get further instructions, correct?

I'll stop with the wall of text, and just give more information as needed.

I thank you all for your time, and any support I get.

Edit: I went ahead and added the Procedure document my friend sent me, containing all of the forms that I or my husband would have to fill out for our situation. Does this document look correct?

Edited April 7, 2012 by Hodder

[trojam227 18]

Welcome Hodder! I can only comment on a few things here...the child support he pays won't interfere. They don't even ask anything about his income/expenses, only what he plans to do in the states (unless his income will continue even after immigrating) Only your income & joint sponsor's income will matter. Question though...do you all file seperate income tax forms? Does anyone claim anyone else as a dependant? And yes, you can use the house as an asset. You might need a fair market appraisal or something to show what it's worth.

As far as facebook chats/skype whatever, just print out a few pages from the very start until now showing regular contact. Boarding passes or proof of spending time together might be more important. I didn't send much at all but will have my husband bring more to interview just in case. Hope this helps a little.

[grrrrreat 109]

Hi there, everyone.

I probably just spent the better part of an hour or two reading through this forum. Needless to say, the people here seem friendly and helpful. I figured I would go ahead and make an account, and see if anybody could give me any insight.

I'm 20 (21 in July), and my husband is 24 (25 in June). We met online through a MMORPG three and a half years ago. We've been married for 26 months. We've spent most of our relationship visiting each other for several months at a time, but now it's time to settle down. My husband intends on immigrating from Canada to live with my family and I, because my parent's aren't in that great of physical condition and we live on a small farm. Everything else in-between is blahblah, I'm sure you can buffer it out.

I have several questions.

I've only worked one job, and that was two years ago. I've recently gotten hired on for minimum wage, working full time hours at my local Wal-Mart. My father's been out of a job for several years now, due to poor physical condition (he's in the process of getting disability). My mother recently picked up a job, and my sister's been waitressing at the same restaurant for eight years now for $2.50 an hour plus tips. I'm sure between co-sponsors/signers, assets, etc., there will be more than enough for our Affidavit of Support.

My husband pays child support, monthly, and despite having two months where he was out of a job, has caught back up and paid an additional several months in advance. The mother or child have nothing to do with us.

I have pictures from our wedding, can get documents notarized from the people who attended, etc. While I take many pictures of him (or he takes them of me), there's not a lot of pictures of us together. I'm sure I have over years worth of chat logs, phone calls, etc. through Facebook and Skype. Some e-mails as well.

So let me cut to the questions.

• Would child support interfere with immigration?
  
• Can a house (fully owned) be listed as an asset?
  
• How would Facebook pictures/chat logs be listed as proof?
  

The more I read, the more I get confused. But hold on, there's just a little bit more.

I'm sorry to bombard you all with a wall of text.

As I mentioned, my parents aren't doing too well physically. My father can't keep up with the yard work, and now with all of the women in the house working, leaving him alone during the day, we're really worried about him stumbling or hurting himself with nobody around (happened the other day). It's to the point where my husband might need to come down and watch him during the day as we have no other available options.

If I understand correctly, if the spouse is in the country through legal means, you can still file I-130 (just taking out/adding a form or two, I don't recall off the top of my head..been trying to cram in so much information lately).

If I'm not mistaken, all of the paperwork I need (given to me in a very to-the-point document from a friend who went through immigration), it would cost roughly $1400. That's everything at once though, the I-130 is only $420. Once the I-130 is sent in, (from what I've come to understand) my husband is allowed to stay until it is accepted and we get further instructions, correct?

I'll stop with the wall of text, and just give more information as needed.

I thank you all for your time, and any support I get.

Edit: I went ahead and added the Procedure document my friend sent me, containing all of the forms that I or my husband would have to fill out for our situation. Does this document look correct?

Hi,

Make sure you read the CR1/IR1 and AOS guides here. You have two routes:

1) husband is out of the country. You need to get an IR1 visa for him to immigrate here permanently. The first step is to file I-130 with supporting documents and information. You will need much more evidence of bona fide relationship than Facebook messages. Read the guides to start collecting that. Once the I-130 is approved, it will be forwarded to the National Visa Center and to his Embassy. At this point, you will file many more forms and supporting information, and he will apply for the visa and be interviewed at the embassy consulate. Once the IR1 is in hand, he can immigrate here and will automatically get a green card upon entry.

2) husband is legally in the country. If your husband legally entered the country (i.e., did not stowaway or sneak across the border), he is eligible for adjustment of status to legal permanent resident. You actually file both the I-130 and an I-485. The I-130 establishes your relationship, and the I-485 is the application for adjustment to LPR (legal permanent residency). Please be aware, to enter the U.S. legally on a non-immigrant visa, you must not have the desire to stay permanently. As a result, many people who are married to U.S. citizens are denied entry without the IR1 visa, because immigration reasonably assumes you plan to stay, unless you can prove that you plan to return home. Also, you cannot lie to immigration officers, or you risk deportation and a lifetime ban from re-entry. People who enter the U.S. on tourist visas (or under the visa waiver program) and then try to immediately adjust status often face questions, and if they lied to enter the country their I-485 can be denied.

If you enter on a IR-1, you automatically get a green card and permission to work. If you enter and then adjust status, you cannot work until you receive something called an "employment authorization document", which will arrive generally a month to several months before your green card, but a few months after your I-485 is submitted together with the application for the EAD. Either way, the immigrant needs a sponsor that qualifies.

Good luck!

[sheeshkabelle 153]

Hi! We'll go through this one at a time.

I've only worked one job, and that was two years ago. I've recently gotten hired on for minimum wage, working full time hours at my local Wal-Mart. My father's been out of a job for several years now, due to poor physical condition (he's in the process of getting disability). My mother recently picked up a job, and my sister's been waitressing at the same restaurant for eight years now for $2.50 an hour plus tips. I'm sure between co-sponsors/signers, assets, etc., there will be more than enough for our Affidavit of Support.

Good that won't be an issue then

[*]Would child support interfere with immigration?

None what so ever. He will continue to pay from the US just like he has in Canada

[*]Can a house (fully owned) be listed as an asset?

Yes. But you must have a recent appraisal, from a licensed company showing the value of the house.

[*]How would Facebook pictures/chat logs be listed as proof?

I never sent 'proof' I sent the forms, five pictures, a card addressed to the both of us for a wedding invite, copy of marriage certificate and copy of my birth certificate. That was it. The big packages of proof are handy if your spouse is from a high fraud country. Canada isn't high fraud

If I understand correctly, if the spouse is in the country through legal means, you can still file I-130

Yes. You still file at the Chicago Lock Box.

If I'm not mistaken, all of the paperwork I need (given to me in a very to-the-point document from a friend who went through immigration), it would cost roughly $1400. That's everything at once though, the I-130 is only $420.

For the cost of the filing fees all together will be about $800.00 The total cost once every thing is done, the mail, the travelling, medical you're looking at a big chunk of change.

Once the I-130 is sent in, (from what I've come to understand) my husband is allowed to stay until it is accepted and we get further instructions, correct?

No. Canada is special. They are not a visa waiver country, nor do they need a visa. Canadians are legally able to VISIT the US for 180 days at a time. Any more than that, they're here as an 'over stay'. When that time is up, he has to leave, I-130 or not. Your I-130 is going to take longer than six months to approve.

I think you're a little foggy how it all works. Here it is in a nut shell.

First you send in the I-130 petition and all the documents. The I-130 is just to ask the USCIS permission for your spouse to apply for a visa.

After the I-130 you then move to the National Visa Center. (NVC) At NVC you send in more forms, more documents (the affidavit of support etc) and more fees. It takes about a month give or take to finish NVC.

Then you wait on an interview. Since you have been married longer than two years your husband will apply for an IR-1 visa. CR/IR-1 Visa interviews are only given at the Consulate in Montreal. Once he has an interview date, He will have to have a medical done by a US civil Surgeon IN Canada. There are three places he can go, Vancouver, Toronto or Montreal. You take all your forms, documents, medical results and your husband goes to his interview.

After your husband recieves his passport back with the ever so important sealed envelope and his printed visa he will cross the border, Port of Entry (POE) he will be inspected by CBP, his visa will be activated and he is free to enter the US as a Permanent Resident. His visa in his passport will serve as a temporary Green Card.

Check out the CR/IR-1 guides on the home page, they are invaluable.

Edited April 7, 2012 by sheeshkabelle

[sheeshkabelle 153]

2) husband is legally in the country. If your husband legally entered the country (i.e., did not stowaway or sneak across the border), he is eligible for adjustment of status to legal permanent resident. You actually file both the I-130 and an I-485. The I-130 establishes your relationship, and the I-485 is the application for adjustment to LPR (legal permanent residency). Please be aware, to enter the U.S. legally on a non-immigrant visa, you must not have the desire to stay permanently. As a result, many people who are married to U.S. citizens are denied entry without the IR1 visa, because immigration reasonably assumes you plan to stay, unless you can prove that you plan to return home. Also, you cannot lie to immigration officers, or you risk deportation and a lifetime ban from re-entry. People who enter the U.S. on tourist visas (or under the visa waiver program) and then try to immediately adjust status often face questions, and if they lied to enter the country their I-485 can be denied.

Absolutely wrong. They are already married, have been married for two years, living in two different countries. They can not adjust status. If he comes here for the purpose of adjusting status it is visa fraud. If he shows up at the border saying he's moving and adjusting his status, the CBP officer is going to deny him entry. If the officer is having a good day that will be it. If he's feeling froggy, her husband could be banned from the US for life. Do not advise people to do this!

[Hodder 0]

Thanks everybody for all of the responses so far. Didn't think that it would be this fast, and I'm really glad to see an active, friendly forum!

Nobody claims anybody as a dependent in the house, at least in regards to me. With the house being brought up, would it be an issue that we would (for the time) be living in a separate part of the house (basically on our own) until we can afford a nice little trailer to put on an acre or so of my parent's land? I'll definitely have the house appraised then. I figure with the bit of money I'm making, plus any co-sponsors, and a few valuable assets..that would make us look a lot better, right?

It's nice to hear that Canada isn't a 'high fraud' country..my friend (who sent me the procedures document) was from Vietnam, and despite having several masters degrees and fluent in 5+ languages (and blahblahblah, decently wealthy, etc.) she said that her interviewer grilled her hard. Makes me nervous, only being 20 and working a mediocre job.

We have been married just over a year, so I think I would be in the CR-1 section, and not the IR-1, correct?

I do (but don't) understand what I've been reading to make me assume that after filing 'insert some odd form number here' that my husband will be able to stay in the country until the process is through? To be honest, until today I've never heard of this IR-1/CR-1.

[sheeshkabelle 153]

Thanks everybody for all of the responses so far. Didn't think that it would be this fast, and I'm really glad to see an active, friendly forum!

Nobody claims anybody as a dependent in the house, at least in regards to me. With the house being brought up, would it be an issue that we would (for the time) be living in a separate part of the house (basically on our own) until we can afford a nice little trailer to put on an acre or so of my parent's land? I'll definitely have the house appraised then. I figure with the bit of money I'm making, plus any co-sponsors, and a few valuable assets..that would make us look a lot better, right?

It's nice to hear that Canada isn't a 'high fraud' country..my friend (who sent me the procedures document) was from Vietnam, and despite having several masters degrees and fluent in 5+ languages (and blahblahblah, decently wealthy, etc.) she said that her interviewer grilled her hard. Makes me nervous, only being 20 and working a mediocre job.

We have been married just over a year, so I think I would be in the CR-1 section, and not the IR-1, correct?

I do (but don't) understand what I've been reading to make me assume that after filing 'insert some odd form number here' that my husband will be able to stay in the country until the process is through? To be honest, until today I've never heard of this IR-1/CR-1.

You said in the first post you've been married 26 months, that's over two years. Two years and two months in fact. if you are married over two years it's an IR-1 visa. Less than two years is a CR-1 visa. CR-1 is conditional and in two years the conditions have to be removed to get the 10 year green card.

They don't care where you live, as long as you are in the US and your husband doesn't become a public charge.

Canada interviews are short, sweet and to the point. You should send some evidence of a bona fide marriage, but you don't have to send them a three inch thick envelope.

I do (but don't) understand what I've been reading to make me assume that after filing 'insert some odd form number here' that my husband will be able to stay in the country until the process is through? To be honest, until today I've never heard of this IR-1/CR-1.

There isn't. You file the I-130 for a CR/IR-1 visa. You are already married, living in two separate countries. That is your only option.

He can stay to visit, he can visit for six months, but after that six months he has to go home. He has to interview in Montreal.

You are getting confused with Adjusting Status. That is for K-1 or K-3 visa holders or for someone who came to the US for visiting, or work, and just ended up getting married to a US citizen while here. You are already married, and have been married for quite a while. Having your husband come here, file the paper work and then try to adjust status is not going to work. It is visa fraud.

Edited April 7, 2012 by sheeshkabelle

[Hodder 0]

You said in the first post you've been married 26 months, that's over two years. Two years and two months in fact. if you are married over two years it's an IR-1 visa. Less than two years is a CR-1 visa. CR-1 is conditional and in two years the conditions have to be removed to get the 10 year green card.

They don't care where you live, as long as you are in the US and your husband doesn't become a public charge.

Canada interviews are short, sweet and to the point. You should send some evidence of a bona fide marriage, but you don't have to send them a three inch thick envelope.

I do (but don't) understand what I've been reading to make me assume that after filing 'insert some odd form number here' that my husband will be able to stay in the country until the process is through? To be honest, until today I've never heard of this IR-1/CR-1.

There isn't. You file the I-130 for a CR/IR-1 visa. You are already married, living in two separate countries. That is your only option.

He can stay to visit, he can visit for six months, but after that six months he has to go home. He has to interview in Montreal.

You are getting confused with Adjusting Status. That is for K-1 or K-3 visa holders or for someone who came to the US for visiting, or work, and just ended up getting married to a US citizen while here. You are already married, and have been married for quite a while. Having your husband come here, file the paper work and then try to adjust status is not going to work. It is visa fraud.

I'm very sorry for the confusion, I meant 14 months. Finger must have slipped or I just zoned out for a second.

Thank you for the clarification. Really helped.

Seeing he's from Canada, do you think the processing time wouldn't be as long as others?

Guess that's something that I can also look up as well.

[Hodder 0]

Just trying to check all of the options I have..

Does the CR-1 Visa have anything to do with a Green Card?

Reading USCIS, because I am a U.S Citizen, if my husband comes through lawful admission, submitting I-130 and I-485 or Adjustment Status.

If you are a U.S. citizen, once you file Form I-130, your spouse is eligible to apply for a nonimmigrant K-3 visa. This will entitle him or her to come to the United States to live and work while the visa petition is pending. To petition for this benefit, file Form I-129F. Note that you are not required to file Form I-129F.

I apologize if I'm babbling. It's just really tough being without him. It's only been a month since he went back, and I can deal with two or three more months..but I can't even imagine 8-12.

[grrrrreat 109]

2) husband is legally in the country. If your husband legally entered the country (i.e., did not stowaway or sneak across the border), he is eligible for adjustment of status to legal permanent resident. You actually file both the I-130 and an I-485. The I-130 establishes your relationship, and the I-485 is the application for adjustment to LPR (legal permanent residency). Please be aware, to enter the U.S. legally on a non-immigrant visa, you must not have the desire to stay permanently. As a result, many people who are married to U.S. citizens are denied entry without the IR1 visa, because immigration reasonably assumes you plan to stay, unless you can prove that you plan to return home. Also, you cannot lie to immigration officers, or you risk deportation and a lifetime ban from re-entry. People who enter the U.S. on tourist visas (or under the visa waiver program) and then try to immediately adjust status often face questions, and if they lied to enter the country their I-485 can be denied.

Absolutely wrong. They are already married, have been married for two years, living in two different countries. They can not adjust status. If he comes here for the purpose of adjusting status it is visa fraud. If he shows up at the border saying he's moving and adjusting his status, the CBP officer is going to deny him entry. If the officer is having a good day that will be it. If he's feeling froggy, her husband could be banned from the US for life. Do not advise people to do this!

I made this clear...people who are already in the country and entered legally can adjust status. I specifically said that it is fraud to enter on a non-immigrant visa with the intent to immigrate.

[grrrrreat 109]

Just trying to check all of the options I have..

Does the CR-1 Visa have anything to do with a Green Card?

Reading USCIS, because I am a U.S Citizen, if my husband comes through lawful admission, submitting I-130 and I-485 or Adjustment Status.

I apologize if I'm babbling. It's just really tough being without him. It's only been a month since he went back, and I can deal with two or three more months..but I can't even imagine 8-12.

Please read the guides and calm down. Filing an I-130 starts the process of obtaining a CR-1 visa, which goes in his passport and is issued by the Embassy. The CR-1 permits you to immigrate to the U.S. Upon entry, at the border, the CR-1 will be stamped. This stamp serves as a temporary green card (which is the same as legal permanent resident card), until you get a physical card in the mail a month or so later. If your husband lives in another country, adjustment of status is not an option. Adjustment of status is for people who are already in the U.S. and want to become a legal permanent resident without leaving and coming back. CR-1 is the only visa for a spouse that wants to move to the U.S. from another country.

[Ryan H 3,812]

This stamp serves as a temporary green card

Slight correction, at the bottom of an immigrant visa, the following notation is printed, "Upon endorsement, serves as temporary I-551 valid for one year." The "endorsement" is the standard CBP entry stamp placed on the page next to the visa with the visa type and A# written in by a CBP officer.

The temporary green card is the visa itself with the CBP entry stamp next to it with the information I mentioned above written in.

[sheeshkabelle 153]

Just trying to check all of the options I have..

Does the CR-1 Visa have anything to do with a Green Card?

Reading USCIS, because I am a U.S Citizen, if my husband comes through lawful admission, submitting I-130 and I-485 or Adjustment Status.

I apologize if I'm babbling. It's just really tough being without him. It's only been a month since he went back, and I can deal with two or three more months..but I can't even imagine 8-12.

You can not file to adjust status. Forget you read about adjusting status. IF you even try to go that route, you're going to end up getting into a bigger mess.

K-3 Visa is technically a non-immigrant visa. K-3 visa is administratively closed at NVC and turns into a CR-1 visa anyway. It's pretty much a dead end to file for it in the first place.

A CR-1 visa is a Green Card. The stamp in his passport will serve as a green card until the actual card comes in the mail.

You need to file an I-130 and start the process to get your husband a CR-1 visa.

He can visit you all he wants while you're processing. He can stay up to six months at a time.

My husband has been here three times since I filed for him. Your husband will need to bring strong ties to Canada and proof he will return to Canada until his immigration process is over, he has a visa and is ready to move.

Read this link. Sleep on it, read it again, send it to your husband and have him read it.

I-130 guide

Edited April 7, 2012 by sheeshkabelle

[Hodder 0]

You can not file to adjust status. Forget you read about adjusting status. IF you even try to go that route, you're going to end up getting into a bigger mess.

K-3 Visa is technically a non-immigrant visa. K-3 visa is administratively closed at NVC and turns into a CR-1 visa anyway. It's pretty much a dead end to file for it in the first place.

A CR-1 visa is a Green Card. The stamp in his passport will serve as a green card until the actual card comes in the mail.

You need to file an I-130 and start the process to get your husband a CR-1 visa.

He can visit you all he wants while you're processing. He can stay up to six months at a time.

My husband has been here three times since I filed for him. Your husband will need to bring strong ties to Canada and proof he will return to Canada until his immigration process is over, he has a visa and is ready to move.

Read this link. Sleep on it, read it again, send it to your husband and have him read it.

I-130 guide

Mmk, I've calmed down considerably since last night.

What if my husband doesn't really have strong ties to Canada?

I mean, currently he's sleeping at a friend's house because his mother ruined his residence while he came down to visit me from Nov-March. His father passed away just before we got married. He could potentially switch his residency to that of his friend's. Don't get me wrong, besides his mother and her side of the family, the rest of the family is nice..but there's no real reason he wants to stay there anymore. Granted, he'd go back by the time a visitor visa ran out, he/we have no desire of screwing up any immigration process. What could he use in this case to prove he has strong ties with Canada?

As I mentioned, he was here recently from Nov-Mar, and was thinking about coming back down in June. Providing he can prove he has strong ties with Canada, do you think he'd be able to get a six month visitor pass if he were to come back down in June or July? And is there a chance to extend that, or no? I understand he would have to go up to Montreal for the interview, I would more than likely go with him, and thinking positively, he'd be accepted and could come right back down through a PoE..yes?

What has been the time period between mailing in I-130 with the payment, to the next part that requires a payment? For my paperwork, I have come to the conclusion that I need $1490 alone for I-130($420)&I-485($985+$85). Of course that doesn't include the medical examination, and other fees I'll need to put down for copies, notaries, etc.

Edit: I hate to sound daft, but Direct Consular Filing is not available to us, is it?

Edited April 7, 2012 by Hodder

[sheeshkabelle 153]

Mmk, I've calmed down considerably since last night.

What if my husband doesn't really have strong ties to Canada?

I mean, currently he's sleeping at a friend's house because his mother ruined his residence while he came down to visit me from Nov-March. His father passed away just before we got married. He could potentially switch his residency to that of his friend's. Don't get me wrong, besides his mother and her side of the family, the rest of the family is nice..but there's no real reason he wants to stay there anymore. Granted, he'd go back by the time a visitor visa ran out, he/we have no desire of screwing up any immigration process. What could he use in this case to prove he has strong ties with Canada?

As I mentioned, he was here recently from Nov-Mar, and was thinking about coming back down in June. Providing he can prove he has strong ties with Canada, do you think he'd be able to get a six month visitor pass if he were to come back down in June or July? And is there a chance to extend that, or no? I understand he would have to go up to Montreal for the interview, I would more than likely go with him, and thinking positively, he'd be accepted and could come right back down through a PoE..yes?

What has been the time period between mailing in I-130 with the payment, to the next part that requires a payment? For my paperwork, I have come to the conclusion that I need $1490 alone for I-130($420)&I-485($985+$85). Of course that doesn't include the medical examination, and other fees I'll need to put down for copies, notaries, etc.

Edit: I hate to sound daft, but Direct Consular Filing is not available to us, is it?

DCF (direct consular filing) is not an option, you are not a Canadian Permanent Resident.

He can have his friend write up a 'rental agreement', he can bring proof he has a job, or is a student in Canada. He has to have some kind of ties, he can't be sitting around waiting on charity from friends.

Canadians do not get a visitor visa. When they cross the border they tell CBP how long they are staying and where they are going. The persons passport or NEXUS card is scanned. They know when, where, how and how long every crossing has been.

He can tell them he's staying for six months, but they will investigate more, maybe take him into secondary, that's where he needs to prove strong ties to Canada. After you file the I-130 you will get whats called a Notice of Action. NOA1 your husband can take this paper with him to show he's trying to immigrate the correct and legal way.

It has happened to more than just one person, if they can't prove their ties or intent they will be denied entry. It happens a lot to people that don't know or understand the process. If there is even a drop of thought to the CBP officer your husband is trying to cross to circumvent immigration laws, he will be denied entry. On a good day, they tell him he can't enter. On a bad day he gets his fingerprints and photograph taken and is told he can not enter the US for X days/years. There was a couple not too long ago that tried to come to the US and adjust status and were denied entry, now his wife has a 10 year ban to the US. Don't let that happen to you.

If he is denied, don't have him go to anther crossing, they know he was denied at the first one, that will compound the problem.

If he overstays that six months and returns to Canada, he will have a lot to answer for. The next time he tries to cross, he will probably get a ban for overstay.

You have to file an I-130, wait for approval, then follow the directions from the NVC.

YOU CAN NOT FILE FOR ADJUSTMENT OF STATUS. If he crosses the border, lies to the CBP officer about why he is coming to the US. (he tells them he's coming to visit, then adjust status) IS ILLEGAL.

None of us want to be with out our spouses, but it's the way it is. You're grasping at straws hoping for a different result. You will drive yourself insane. Be thankful your husband is Canadian and can visit during the process. Most people don't have that. They are from countries that do need visitor visas, and are denied one because they are married to a US citizen.

You will not be filing an I-485. He can not come here and file an I-130 then adjust status with an I-485. You are not eligible for adjustment of status. Period. If that's the way it worked, then they wouldn't have a CR-1 visa.

I-130 - $420.00

IV application fee - $404.00 (that price is soon to change, it will be lower)

Affidavit of support fee- $88.00

Medical- $200.00- $300.00 depending on where one goes, or if immunizations are needed

Yes, as soon as he has his passport back with the CR-1 visa he can cross in to the US. It takes anywhere from a day to a week to get the passport back from the Consulate.

Since you aren't reading, or not understanding the guide for I-130. Follow this to the letter, you don't need to kill yourself with evidence, but follow the guide like your own personal immigration bible and you will be fine. ..

What is a IR-1 / CR-1 Visa?

IR-1 / CR-1 Visas are immigrant visas issued to foreign spouses of US Citizens. After the US citizen spouse files (and has approved) the proper petition with the USCIS, the foreign spouse will complete the visa process completely outside the US. Upon approval and once issued, the foreign spouse may enter the US with their visa and pass through the arrival Port of Entry, where they will become a Permanent Resident immediately. They will receive a Permanent Resident Card (Green Card) in the mail at their US Address within a few weeks.

Note to K3 Applicants: This process also applies to K3 Visa applicants whom have had their I-130 approved prior to their I-129f. In this case you may chose to persue the I-130 path as opposed the the K3. This will allow the immigrating relative to enter as a permanent resident as opposed to having to file for adjustment once here. If the I-129f is later approved and forwarded to the embassy then you can write them to request the approved I-130 be acted on and the K-3 process abandoned.

Who is Eligible to File?

U.S. citizens legally married to a foreign national may petition for a IR-1 / CR-1 visa. If the marriage is less than two years old, the consulate will issue a CR-1 Visa (and if longer than two years it will issue a IR-1 Visa). The primary difference between these two visas is that a CR-1 Visa will result in Conditional Permanent Residency (requiring a petition to be filed later to lift this conditional status) versus a IR-1 Visa resulting in full Permanent Residency upon arrival in the US by the foreign spouse.

Forms Needed to File for a IR-1 / CR-1 Visa:

1. I-130

2. G-325a

3. G-1145 (optional)

The above forms can be filled out on your computer and printed. Make sure you sign and date them as required. Anything you cannot fit by typing, you can handwrite (very neatly) in black ink in the blank instead. You should always verify the current forms at www.uscis.gov.

Assembling the I-130 Package: Checklist

Forms and Documents (follow these assembly instructions. All supporting documents must be in English or be translated as noted here.):

1. Payment as required by USCIS. Use a personal check if allowed by the Service Center (as of 4/2005 they do allow this). If not, use a money order so you can track the payment.

2. Cover Letter. Should include a description of what your are petitioning for (I-130), a table of contents (list everything in the packet). If you need additional room to explain your case, attach a separate sheet (list the attachment on the cover sheet). Make sure to sign and date the cover sheet.

3. Form I-130: Petition for Alien Relative

4. Copy of the full Birth certificate (front and back) for the US Citizen or a copy of ALL pages of the US Citizen's passport. This is used to establish citizenship.

5. A copy of petitioner's proof of naturalization. (If applicable)

6. A copy of petitioner's proof of permanent residency. (If applicable)

7. A copy of the intending immigrant's birth certificate and/or passport along with English translation. (If in any language other than English) (no longer needed)

8. A copy of your marriage certificate (If not inEnglish then again get a translation)

9. If either you or your spouse were previously married, submit copies of documents showing that all prior marriages were legally terminated (court certified copies of the petitioner's and/or intending immigrant's divorce documents).

10. A copy of a prior spouse's death certificate. (If one or both of you were married before, and the prior spouse died)

11. G-325A filled out by the US Citizen, signed and dated.

12. One passport-type photo (see specification) of the petitioner. Write the full name on the back. Place in a plastic bag and label the bag "Photo of <Insert Name>". Attach the bag to a sheet of paper and place behind the corresponding G-325a.

13. G-325A filled out by the non-US Citzen spouse signed and dated.

14. One passport-type photo (see specification) of the non-US Citzen spouse. Write the full name of the beneficiary on the back. Place in a plastic bag and label the bag "Photo of (insert name) ". Attach the bag to a sheet of paper and place behind the corresponding G-325a.

15. Evidence of a bonafide marriage (see note below for what to include)

Note: Evidence of a Bonifide Marriage

The USCIS now requires that when filing an I-130 for a spouse that you include evidence of a bonifide marriage. They list examples of acceptable evidence as:

1. Documentation showing joint ownership or property; or

2. A lease showing joint tenancy of a common residence; or

3. Documentation showing co-mingling of financialresources; or

4. Birth certificate(s) of child(ren) born to you, thepetitioner, and your spouse together; or

5. Affidavits sworn to or affirmed by third parties havingpersonal knowledge of the bona fides of the maritalrelationship (Each affidavit must contain the full nameand address, date and place of birth of the person makingthe affidavit, his or her relationship to the petitioner ofbeneficiary, if any, and complete information and detailsexplaining how the person acquired his or herknowledge of your marriage); or

6. Any other relevant documentation to establish that thereis an ongoing marital union.

Attach "E-Notification" Form (Optional)

Clip a completed G-1145, E-Notification of Application/Petition Acceptance, to the first page of your application (on top of the cover page). By completing this form and attaching it, USCIS will send you an email and/or text message to alert you when your application was received.

Mail the I-130 Package to the USCIS

You should mail the completed form(s) to the proper USCIS Lockbox (Note the location & PO Box address for your filing type: stand alone). Mail the package with return receipt requested / delivery confirmation. Send via USPS.

IMPORTANT!

Make TWO copies of the entire package before you send it in. This includes the money orders too. You want to have a perfect replica of the package you are sending in. All Forms that you submit must be originals with original signatures. Supporting Evidence that you submit may be photocopies. Retain ALL original supporting Evidence since the USCIS has the right to check them by issuing an RFE (Request For Evidence). If you receive an RFE, follow the direction exactly, and make two copies of what you sent back. During any future interviews the USCIS may also want to examine the original supporting evidence.

Create a VJ Timeline

Estimate processing time and approval date: Creating a VJ Timeline will allow you to track your case and will generate an estimated approval date for your petition. You can always gain access to many other tools to help you plan how long your Visa Journey will take!

What Happens After You Mail the I-130 Out?

A few weeks after you have sent your petition to the USCIS you will receive a Notice of Action (aka NOA) letter indicating that they have begun processing your I-130 application. You can check the status of your application as well as other processing time information here.

When your I-130 petition is finally approved, the service center that processed your petition, will send you another Notice of Action letter indicating your approval, and the forwarding of your approved petition to the National Visa Processing Center in Portsmouth, New Hampshire, along with a phone number to contact the NVC with. Your case will now only be dealt with by the NVC. The service center that you filed with, will have no more knowledge on the status of your petition or case.

A few weeks after you have received your last Notice of Action indicating the approval and forwarding of your I-130 application to the NVC, the NVC will send your relative a packet of forms that you and your relative must fill out before your relative can be given an interview date with a consulate abroad. The packet will likely contain an Of-169 form, and an Of-230 part one and two forms that must be filled out by the intending immigrant. An I-864 form is also included that must be filled out by the petitioner (living in the US). The I-864 is the Affidavit of Support form that requires copies of the petitioners past 3 U.S tax returns (or tax transcripts which are free from the IRS) as well as any bank or financial records available (see the I-864 for exact requirements based on your case). The petitioner must make at least 125% above the U.S federal poverty to indicate to the U.S government that the intending immigrant will not become a federal charge to the government when he/she arrives in the U.S.. If the petitioner cannot meet these requirements, then he/she must still file an I-864, and find a joint sponsor who can meet the requirements on his/her own. When a joint sponsor is needed ,proof of their U.S citizenship or permanent residency is required. (i.e. copy of birth certificate, immigration status etc). The joint sponsor must be residing in the U.S, and he/she must also submit his/her past 3 years U.S tax returns along with bank or any other financial records available. The joint sponsor must submit his/her own I-864 form to accompany the petitioner's I-864 form.

Forms that may be either sent back (or requested to be gathered and kept for the interview) to the NVC or the consulate abroad (depending upon which consulate you are going through) before an interview date with a consulate abroad can be scheduled are as follows:

Pre-Interview Forms / Items:

1. Completed and signed OF-169.

2. Completed and signed Of-230 Part 1 and 2 forms.

3. I-864 Affidavit of Support Form along with past 3 year U.S tax returns (or transcripts) and any other financial documents required.

4. A copy of intending immigrants biographic page of passport(s) including expiration date.

5. Original or certified "long" birth certificate. *

6. Original adoption decree. (if applicable)

7. Marriage certificate. (if applicable)

8. Divorce decree(s) or death certificate(s) (if applicable)

9. Police certificate(s) **

10. Court and prison records.(if applicable)

11. Custody records. (if applicable)

12. Military records (if applicable)

* Per the Foreign Affairs Manual (FAM), they may also be unavailable. Or certain countries don't have individual birth certificates as understood in the US, but the FAM will describe the suitable document. The consulate can explain the alternate requirements to the beneficiary in detail.

** On police clearances, as per the FAM, they may be unavailable. Or with some countries [Korea comes to mind], they will be sent directly to the consulate from the involved government. The consulate can explain the alternate requirements to the beneficiary in detail.

After the NVC or Consulate Abroad receives the above forms and supporting documents (which may not all be required to mail back at that time), an interview date will be scheduled for the intending immigrant at a consulate abroad. The NVC or the consulate abroad will send your relative a letter indicating at what time and day the interview is scheduled for, and of required forms that must be brought to the interview. Make two copies of each original document or piece of evidence below and bring them with you. Documents needed are:

Interview Forms / Items:

1. Valid Passport.

2. Original or certified "long" birth certificate. *

3. Original adoption decree. (if applicable)

4. Original or certified copy of the marriage certificate. (if applicable)

5. Original death certificate. (if applicable)

6. Original divorce decree. (if applicable)

7. Police certificate. **

8. Court record(s) (if applicable).

9. I-864 Affidavit of Support Form along with past 3 year U.S tax returns (or transcripts) and any other financial documents required. (see poverty limits here)

10. Court and prison records.(if applicable)

11. Medical examination information

12. Two passport-type photos (see specification) of the spouse or benefitiary

* You should have the originals on hand at this point for the Final Interview. Per the Foreign Affairs Manual (FAM), they may also be unavailable. Or certain countries don't have individual birth certificates as understood in the US, but the FAM will describe the suitable document. The consulate can explain the alternate requirements to the beneficiary in detail.

** On police clearances, as per the FAM, they may be unavailable. Or with some countries [Korea comes to mind], they will be sent directly to the consulate from the involved government. The consulate can explain the alternate requirements to the beneficiary in detail.

On The day of your relatives (or spouses) interview, he/she must bring EVERY document listed above that applies to your case, and should be prepared for a long wait. There may be additional forms required. The interview appointment sheet will contain a list of everything you must bring. It will also tell you the payment amount due and the forms of payment accepted.

The interview can last for as littles as 10 minutes or up to an hour depending upon your specific case. You relative will take an oath under US law to tell the truth, and it is very important that your relative answer every question as truthfully as possible. In general, it is a good idea that your relative bring documentation to prove strong ties and a relationship with you, the petitioner. (i.e. phone bills, letters etc.) If the consulate officer approves your relative's immigrant visa application, your relative will be issued an immigrant visa that allows your relative to become a US permanent resident. Your relative will become a U.S permanent resident only when he/she enters the U.S at a port of entry, until this time, he/she only has an immigrant visa that is valid up to 6 months from the interview date. If your relative cannot immigrate to the U.S within the 6 month allotted time, then his/her immigrant visa will expire, and the I-130 process must start all over again. Also, if your relative is your wife or husband and you have been married for less then 2 years at the time of his/her arrival at a port of entry, then he/she will receive a temporary I-551 Stamp and then later a Green Card by mail good for only 2 years. Ninety days before the green card expires you will have to file an I-751 form to remove it's conditional status.

As a general note, please see the I-130 FAQs.

Edited April 7, 2012 by sheeshkabelle