I-130 Pending Approval In Canada

[FlyCal 0]

Hey Guys,

Wondering if someone can help with this issue...

Wife petitioned me for PR and we filed the I-130 in March, still pending approval. My issue is that she is starting school in the US in Aug and I need to be down there with her in July to help take care of my daughter. I don't have to work in the US as I run a company in Canada, but does anyone know how I can potentially live in the US during the process instead of waiting abroad and abandoning my wife and daughter for many months?

Any advice is appreciated.

[canadian_wife 1,819]

NO, you cannot live in the US without a valid immigrant visa

You may visit however, but the process must be completed in Canada, medical and the interview in Montreal.

You may visit, if granted entrance, for up to 180 days, this might help your situation

good luck

[Inky 1,110]

Moved from DCF to spousal visas forums as Canada does not have DCF filings.

[FlyCal 0]

Any suggestions to expedite the process???

[oohpartiv 484]

Any suggestions to expedite the process???

Unless you have a legitimate medical/financial reason that you need to be with your spouse and LOTS of evidence to back up that claim, an expedite won't be granted. Even if it were, you'd still have to wait in Canada, and request separate expedites for both NVC and interview scheduling. Even then you'd be cutting it close to an attempt to be there by July.

[FlyCal 0]

Unless you have a legitimate medical/financial reason that you need to be with your spouse and LOTS of evidence to back up that claim, an expedite won't be granted. Even if it were, you'd still have to wait in Canada, and request separate expedites for both NVC and interview scheduling. Even then you'd be cutting it close to an attempt to be there by July.

What about the fact that my 2 year old daughter needs to accompany my US Citizen wife to the US in July. My daughter is also in the I-130 approval process. Plus, my wife will not be working and I am the sole income earner while she's in school (income from Canada, not US). Should that be enough to expedite?

[oohpartiv 484]

What about the fact that my 2 year old daughter needs to accompany my US Citizen wife to the US in July. My daughter is also in the I-130 approval process. Plus, my wife will not be working and I am the sole income earner while she's in school (income from Canada, not US). Should that be enough to expedite?

It's certainly worth a try. You're going to have to gather evidence to support that, though. You simply saying "my daughter has to be with her mother" isn't going to do anything. Get together your tax and income information. It could work, but like I said, the expedite isn't guaranteed, regardless of how much of a tight spot you're in, unfortunately.

[NikLR 13,227]

Quick question, you are aware of the affidavit of support form? Because your wife will not be working you will need a joint sponsor or else enough assets that are easily liquidated to cover 3x the 125% poverty guideline for a family of 3. I'm not sure because the child is being petitioned as well if it is 5x or still 3x.

Because you wife has proof of school etc, you might get an expedite due to extreme financial hardship? I'm not sure on that though.

Best of luck to you and your family!

[FlyCal 0]

Quick question, you are aware of the affidavit of support form? Because your wife will not be working you will need a joint sponsor or else enough assets that are easily liquidated to cover 3x the 125% poverty guideline for a family of 3. I'm not sure because the child is being petitioned as well if it is 5x or still 3x.

Because you wife has proof of school etc, you might get an expedite due to extreme financial hardship? I'm not sure on that though.

Best of luck to you and your family!

Thats a very good point. Thank you for that info.