petition I130 approved, I am in US can I file for everything else from here?

[waitgreencrd 0]

Hi guys,

I am a Canadian citizen who married an American citizen last year in Montreal. we were together in Montreal for about 8 months and then decided to move to US. we packed our stuff and crossed the border. we had tickets to go to India for 4 months. we filed the I-130 in December. we came back from India to US in April and two weeks ago I recieved the approval for the I 130 petition. The case is now at the NVC. I called but the application is not in yet.

I am currently in US, ever sice we got back from India. Now, I know they will send the papers for me to follow to the canadian address I gave them (my brother's). But Is there any way I can follow up on the application from US? The only status I have now in US is a visitor, which I am entitled to stay for 6 months.

Can I follow up on everything from here or do I have to return to Canada and follow up from there? If I talk to NVC, will they change my address to US (my husband) and allow me to follow up everything from here?

Please help.

[Reba 2]

technically you are required to return to Canada for your interview. As a visitor to the US you are not eligible to apply for adjustment of status.

You're lucky they even let you "move" there and then re-enter after your trip to India.

[cmartyn 0]

My wife and I did this. However, you need to go up to Canada and order the criminal record check. You can order the fingerprint check from the US but that will take six months.

[Lola_ 0]

Well, I was in US for 6 months until very recently. We filed for CR-1 before I left, then filed for I-129F while there. We were following everything from the States. I even called and asked to have the packet 3 sent to my husband's address and they had no problem with that. I mailed off packet 3 while still in the states and a few weeks later I came back to Canada. In Canada I did my medical, got my police certificate, my new passport etc. There are a few things that you need that you just can't do from the US. The Green Card process takes a little longer than K-3, but you might be ready to go before the 6 months are up, it depends.

Hope this helps.

[Flames9_RN 358]

One can obtain a criminal record check with out going in person, The Winnipeg city police will do it!! One has to send them prrof of ID and $$$ of course, and their check is Canada wide. Just google them for info and give them a call!!

[waitgreencrd 0]

thank you for the replies.

I called this morning the imigration department and they have told me at this point since I am in Us and they let me in through the border, as a visitor, and I have the petition approved, I can file for change in status from here and stay here. so I will do everything from here, medical examination and file the forms from here, which is a different package is called the adjustment in status permenant address.

this is what they told me. they asked me a few questions and they said it's ok if I file for this.

so I will let you know guys how it goes.

I looked at the forms package and I don't need to file a police clearance.

well, I hope all will be good. if not, I guess I will return to Canada and do some stuff from there.

Edited May 18, 2006 by waitgreencrd

[Flames9_RN 358]

Best of luck to you. Just for your info, (not saying its the case here) but one can get bad info from them via the phone. I'm sure you know that anyways. best of luck

[Lola_ 0]

thank you for the replies.

I called this morning the imigration department and they have told me at this point since I am in Us and they let me in through the border, as a visitor, and I have the petition approved, I can file for change in status from here and stay here. so I will do everything from here, medical examination and file the forms from here, which is a different package is called the adjustment in status permenant address.

this is what they told me. they asked me a few questions and they said it's ok if I file for this.

so I will let you know guys how it goes.

I looked at the forms package and I don't need to file a police clearance.

well, I hope all will be good. if not, I guess I will return to Canada and do some stuff from there.

Um...I really hope this information they gave you is correct, but from what I understood from all the info and from going through this process is that you cannot file for adjustment of status if you were admitted as a visitor. At the AOS interview you have to prove to them that you didn't have any intentions of staying in the US (which is really hard to do if you are already married and filed for CR-1, unless you had a student or a work visa or something before you got married) and it may create problems for you in the visa process. However, I might be wrong, and I hope I am but I researched ways that I could stay and finish everything in the US and did not find any and had to come back here to wait for the interview. Also, I am pretty sure that you have to do the medical in Canada...

Good luck!

[waitgreencrd 0]

if I follow up with the package of the adjustment of status, I have to do the medical exams here in Us with certify docs in US. Well, there is really not much I can lose if I follow up with this procedure. If there is anythng wrong they will tell me. I can always say that this is what I have been adviced by the people who work for the immigration system.

[Pinay Wife 47]

I called this morning the imigration department and they have told me at this point since I am in Us and they let me in through the border, as a visitor, and I have the petition approved, I can file for change in status from here and stay here.

Yes, it is possible to adjust status if you meet the eligibility requirements according to the USCIS link below. It is precisely for this reason that it is hard to enter the US when one has a pending petition.

http://www.uscis.gov/lpbin/lpext.dll/inser...ted-chap23-46-4

23.5 Adjustment of Status under Section 245 of the INA.

General

Most applications for adjustment of status are filed under section 245 of the Act. This section was created as part of the 1952 Act, and while it was originally envisioned as a somewhat rare exception to the general practice whereby an alien would receive an immigrant visa through a consulate, it has grown to the point where today more aliens gain permanent residence through adjustment of status than through immigrant visa processing.

Eligibility

(A) Criteria Set Forth in Section 245(a) of the Act.

Subject to the provisions of sections x x x the Act provides the criteria that an alien must meet in order to apply for adjustment of status under section 245. These criteria for eligibility are further explained under 8 CFR 245.1(a). Such alien must:

(1) Have Been Inspected and Either Admitted to or Paroled into the U.S. Any type of admission, whether as a nonimmigrant, as an immigrant (unlikely, but possible), or (with limitations) as a refugee, can meet the “inspected and admitted” requirement, but note that persons who were admitted in several categories are barred from adjustment by section 245©.

(2) Make an Application – This is done on Form I-485, in accordance with the instructions on that form and in 8 CFR 245.2. x x x

(3) Be Eligible to Receive an Immigrant Visa – The alien must fit into one of the immigrant visa categories set forth under the Act (e.g., must be the beneficiary of an approved immigrant visa petition).

(4) Be Admissible to the U.S.

(5) Have an Immigrant Visa Be Immediately Available to Him or Her at the Time the Application Is Filed

Edited May 19, 2006 by PatientlyWaiting

[Schmelle 0]

Hi guys,

I am a Canadian citizen who married an American citizen last year in Montreal. we were together in Montreal for about 8 months and then decided to move to US. we packed our stuff and crossed the border. we had tickets to go to India for 4 months. we filed the I-130 in December. we came back from India to US in April and two weeks ago I recieved the approval for the I 130 petition. The case is now at the NVC. I called but the application is not in yet.

I am currently in US, ever sice we got back from India. Now, I know they will send the papers for me to follow to the canadian address I gave them (my brother's). But Is there any way I can follow up on the application from US? The only status I have now in US is a visitor, which I am entitled to stay for 6 months.

Can I follow up on everything from here or do I have to return to Canada and follow up from there? If I talk to NVC, will they change my address to US (my husband) and allow me to follow up everything from here?

Please help.

Hi there,

I have been reading about your experience and wondered if I could ask you a couple of questions as your case is kind of similar to mine. My husband and I (he's a USC) lived in Torontofor two years and we decided that we wanted to come to the US. We applied for our I130 petition in March2007 and since then my husband has moved to Florida. I'm here in Florida visiting with him and I'm still waiting for approval of my I130. Just wondering how your process is going? Did you go back to Canada?

Thanks....from a fellow Canadian

[meauxna 15]

oh, small world!

Was just wondering how this very very very old thread got bumped.

[Schmelle 0]

Hi guys,

I am a Canadian citizen who married an American citizen last year in Montreal. we were together in Montreal for about 8 months and then decided to move to US. we packed our stuff and crossed the border. we had tickets to go to India for 4 months. we filed the I-130 in December. we came back from India to US in April and two weeks ago I recieved the approval for the I 130 petition. The case is now at the NVC. I called but the application is not in yet.

I am currently in US, ever sice we got back from India. Now, I know they will send the papers for me to follow to the canadian address I gave them (my brother's). But Is there any way I can follow up on the application from US? The only status I have now in US is a visitor, which I am entitled to stay for 6 months.

Can I follow up on everything from here or do I have to return to Canada and follow up from there? If I talk to NVC, will they change my address to US (my husband) and allow me to follow up everything from here?

Please help.

Hi there,

I have been reading about your experience and wondered if I could ask you a couple of questions as your case is kind of similar to mine. My husband and I (he's a USC) lived in Torontofor two years and we decided that we wanted to come to the US. We applied for our I130 petition in March2007 and since then my husband has moved to Florida. I'm here in Florida visiting with him and I'm still waiting for approval of my I130. Just wondering how your process is going? Did you go back to Canada?

Thanks....from a fellow Canadian

It really is a small world...thanks again for your advice. I will post my experiences....