Applying for I-130 while visiting

[eugeneius 0]

She's Canadian, I'm American. We're married. She is a visitor in the US.

Would it be legal for us to apply for a I-130 while she is here as a visitor, for her to stay the duration of the B-2 (6 months for Canadians), and then to head back to Canada?

[hheaven67 2]

She's Canadian, I'm American. We're married. She is a visitor in the US.

Would it be legal for us to apply for a I-130 while she is here as a visitor, for her to stay the duration of the B-2 (6 months for Canadians), and then to head back to Canada?

Why would a Canadian have a visitor's visa when they don't need one to be in the US for 6 months? As far as I understand, the beneficiary of the visa petition cannot be in the US during the process....

[DoctorM 0]

She's Canadian, I'm American. We're married. She is a visitor in the US.

Would it be legal for us to apply for a I-130 while she is here as a visitor, for her to stay the duration of the B-2 (6 months for Canadians), and then to head back to Canada?

Why would a Canadian have a visitor's visa when they don't need one to be in the US for 6 months? As far as I understand, the beneficiary of the visa petition cannot be in the US during the process....

That's not true, you're allowed to visit the U.S even if you have a pending immigration petition, however you should be able to show strong ties to Canada during your current visit.

I visited the U.S several times with a pending a I-130... Even if the CBP officer asked you , you should tell the truth and show a copy of your I-130. It just shows that you are following the legal way of immigrating to the U.S

source: http://toronto.usconsulate.gov/content/con...igrant_petition

Entry to the U.S. while immigrant case is pending. All visitors to the U.S., including Canadians, are presumed by law to be intending immigrants and therefore inadmissible as visitors. The burden of proof to show eligibility falls solely on the visitor. If a potential visitor has a pending immigrant case (I-130 or IV), but no clear ties to a continuing life overseas and no evidence of only a temporary visit to the U.S., it is likely that such a visitor will be inadmissible. DHS immigration officers have sole authority to determine entry.

Good luck,

[trailmix 77]

Yes, no reason why she can't visit.

From the little you have said I assume she is already there? Well, she can stay her 180 days, if she was not told otherwise when she entered the U.S. - no reason why you can't file the I-130 right now.

Also I doubt she has a B2, as someone mentioned, Canadians do not require a visa to visit the U.S.

Edited November 28, 2009 by trailmix

[eugeneius 0]

Thanks for your help, everyone. Just to clarify, she is already in the United States. She wasn't asked who she was visiting at the border, and she didn't volunteer that she is visiting her husband (me).

She has a B-2 stamp in her passport, which means she is authorized to visit for 6 months.

My question is, is it legal for us to file the I-130 from here? Or is it wrong because she has immigrant intent? She obviously does not intend to overstay her B-2.

Yes, no reason why she can't visit.

From the little you have said I assume she is already there? Well, she can stay her 180 days, if she was not told otherwise when she entered the U.S. - no reason why you can't file the I-130 right now.

Also I doubt she has a B2, as someone mentioned, Canadians do not require a visa to visit the U.S.

[trailmix 77]

You can file the I-130 from there no problem, but I think what you are really asking is if she can file to adjust status?

No. How would you ever prove that she didn't have 'immigrant intent' when she crossed the border to 'visit' her Husband?

Basically you can file the I-130, apply for a CR1 visa and after her 6 month visit is up she will have to return to Canada to wait out the time until her interview. She can still visit of course, she should always bring strong ties to Canada with her when she does attempt to cross the border.

It's very odd that she received a B2, makes you wonder if they questioned whether or not she was planning an extended visit?

Edited November 29, 2009 by trailmix

[eugeneius 0]

You can file the I-130 from there no problem, but I think what you are really asking is if she can file to adjust status?

No. How would you ever prove that she didn't have 'immigrant intent' when she crossed the border to 'visit' her Husband?

Basically you can file the I-130, apply for a CR1 visa and after her 6 month visit is up she will have to return to Canada to wait out the time until her interview. She can still visit of course, she should always bring strong ties to Canada with her when she does attempt to cross the border.

It's very odd that she received a B2, makes you wonder if they questioned whether or not she was planning an extended visit?

Thanks. They didn't really ask her how long she was planning to stay or any of the usual #######.