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happy1

I130 and Change of Status question

By happy1 in IR-1 / CR-1 Spouse Visa Process & Procedures

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happy1 Newbie

happy1   0

Posted
Filed: IR-1/CR-1 Visa Country: Canada
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Posted

Hello Everyone,

I was married to my wife who is a Canadian Citizen on July 15th in California. I was then advised to send in an I-130 which I did. From what I had heard, if I file an I-130 my wife would have to return to Canada to wait for an interview and cannot be in the United States. So my wife returned to Canada shortly after that. The wait is so long and I really miss being close to my wife and I have heard that I can file for a "Change of Status" for her to be in the States to live with me.

My question are:

a) What paperwork needs to be filled out for a change of status?

B) Since I already filed the I-130, will filing for the change of status lead to confusion/complications in the future?

c) What are some of the advantages for keeping the I-130 as oppose to filing for a change of status and vise versa?

d) Does my wife have to be in the United States at the moment to do a change of status or can I file a change of status for her while she is in Canada?

e) If she has to be in the US to file for the change the status and since my wife is currently back in Canada, is it okay for her to re-enter the US while under the I-130 so I can file for her status adjusments?

f) For filing the change of status, do they need to look at my income? The reason is I just graduated from school and is still looking for a job. However, I do have a family member acting as the secondary income provider. Is that enough?

I hope to get some answers,because I am so confused. I just want to do things right so that my wife can enter the US to be with me as soon as possible. I never knew marrying a foreigner was so difficult, especially between canada and US.

Thanks a billion!!

Marilyn. Grand Master

Marilyn.   340

Posted
Filed: Other Country: Canada
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Posted

she could have changed her status when she was still in the US ...

I don't think she can adjust status now that you have already filed the I-130....

she should be able to visit you in the US though as long as she brings along enough ties to Canada... like mortgage papers, a letter from an employer etc...

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