How should I apply for Green Card- DCF or AOS?

[Benjamin44 10]

Hi everyone,

I am a Canadian citizen married to a US Citizen, and we are both currently living in Israel. We need to move to the United States in 7 months (unfortunately I don't think there is flexibility with that). I have read up on all the options for applying for a Green Card, and all of them present some sort of potential problem. I was wondering if anyone out there knew what the best thing for me to do is. I am going to list all the methods I know about (as I'm sure all of you do also) and the potential problems for my situation, along with questions about each method, so it is easier to read through and respond to.

1) The first and most obvious is for my wife to file the I-130 here at the Consulate in Israel- a process known as DCF. The problem here is obvious- it almost certainly won't be done in 7 months. Yes, I know that even while it's pending, I will still be able to visit my spouse in the States for up to 6 months and that as a Canadian I won't need to apply for a visa to do so. But this is far from perfect. I won't be able to work here, and I will need to fly all the way back to Israel just so that I can do the interview- which will be a very expensive proposition. These 2 problems lead me to 2 questions, the answers to which may make DCF the best way to go.

a) Is it possible for my spouse to file the I-130 here in Israel, and then- after it's approved or, if it's a long approval process, even while it's still pending- notify someone (the Israeli Consulate, the NVC, whomever) that I would like to switch and complete the process in Canada? I think I would just need to change my address with them. Is this allowed? This would mean I would need to travel from the States (where I would be on my visit) only to Montreal to do the interview, which would be far cheaper than Israel- even maybe $1000 cheaper. Also, depending on how long the I-130 takes, I leave my options open over where to complete the process. If it goes fast, I will complete the whole thing here in Israel, including the interview. If it's taking a while, I would request the change to be completed in Canada and would then head to the States to visit my wife. Would the Consulate in Montreal agree to complete the process, even though I have not lived in Canada for many years? If not, could I enter Canada and establish residency- and for how long? Also and more importantly- would this add a lot of time to the process? I'm sure switching the files over could potentially take a while, plus I've read that Montreal is backed up. If it would be a long time, it would be worth it to fly back to Israel so I could work in the U.S. sooner.

Also- would I be more likely to be able to choose my consulate later if my wife filed the I-130 by mail to the U.S.? I know this is not technically DCF, but it's still applying from abroad. I also know this takes much longer, but it might be worth it if it left my options open- especially if I could later do AOS from within the States- see below.

b) Is it technically illegal for me to "volunteer" while on a tourist visa? What this would mean is, I would start a job- but NOT earn any money, not a penny. Then once I have my Green Card I could begin earning money. Of course this is NOT ideal at all and I don't think I am going to do it. I would only do it if a job needed me to start immediately otherwise I couldn't take it. In that case I might be willing to work for free for a couple months until my green card came, in order to secure a job that I could be working in for years. The question is- what makes something working? The fact that I'm earning money or merely the fact that the act itself is performing a service for some institution would usually be done for money? Let me be clear- I am definitely NOT interested in doing anything illegal.

2) The other option would be to file Form I-485, Adjustment of Status, from within the U.S. Basically, I wouldn't do anything now. In 7 months I would enter the U.S., presumably as a tourist, and then a day later file the I-485 and the EAD Form I-765. The main advantage here is I will be working legally 3 months at most after I land, which could very well be before I'd get my Green Card filing from abroad right now. Yes, it would be much longer until I had my Green Card, but I don't see any practical difference that would make (except for time until citizenship) as long as I could work. My question is: Is it legal for me to do this? It would mean entering the country as a tourist and adjusting status the next day, which many on this form have called immigration fraud. However, I have called USCIS and asked exactly this question- and she said it was completely fine! Once I am in the country, I can adjust status. It was as if it was this funny game where I can't tell the Border Patrol people that- but once I am in, I can apply for AOS even if it's the next day. And it doesn't violate any visa terms, because again- as a Canadian, I would be coming without a visa and NOT part of the Visa Waiver Program (which does not allow for AOS- people coming from VWP countries. need to have entered on a visa to apply for AOS. However, Canada is NOT part of the Visa Waiver Program). But I agree that it sounds questionable. It could be that AOS is not an option for me because I have formed intent to immigrate while physically outside the country. Does anybody know about this?

A related question- and assuming AOS is an option- is this: I know that the I-130 is often filed concurrently with the I-485. However, because I am not yet ready to move, an idea I had would be to file the I-130 now. Then, once it is approved, I can decide where I am going to apply for the Green Card- either from Israel, from Canada, or from within the U.S. This would seem to make sense- an approved I-130 is an approved I-130, and on its basis I should be able to apply from wherever I want, depending where I am at the time it is approved. Can it work this way? If not- what is the determining factor in where I have to apply for the Green Card from? Is the answer where I am physically located at the time the I-130 is filed? It seems funny that it would depend on where I am located at the time the I-130 is filed, and I am stuck with that forever, considering it is my WIFE who is actually filing the I-130, not me!! I might have thought that my wife files the I-130 wherever, and after that- for the duration of the I-130's validity (which I think is 2 years)- I can apply for the Green Card on its basis from wherever I am at the time. It could be that I would need my wife to file the I-130 by mail into the U.S. instead of doinf DCF here in Israel, but it might be worth it to have that flexibility.

Okay, so that's it- I know I wrote a lot of questions, if anyone has answers to even one of them it could be SO helpful. I need to be able to go to the U.S. in 7 months and not be stuck abroad waiting, and so any help would be very much appreciated. I am really impressed with this website and the people on it, and I'm so happy I found it!

Thanks in advance,

Benjamin

[Casprd 167]

Is it technically illegal for me to "volunteer" while on a tourist visa

If you are not being compensated then you aren't an employee. My employer has been in that situation with a couple of people who ran in to snags with their H1B and technically couldn't work during the period where this was being resolved. They were allowed to volunteer at our office and this caused no issue with their H1B. I don't know that a tourist visa would make a difference with this, but someone else may know better.

[amykathleen2005 441]

You know you cannot AOS with intent to immigrate when you enter or you wouldn't phrased it like that. It is illegal and unfair.

DCF in itself is usually quickest, but no real guarantees. Best advice is to wait in line just like everyone else by filing either CR-1 or DCF.

[canadian_wife 1,829]

Yeah, do NOT enter 'presumably as a tourist' with full intentions of immigrating. That is visa fraud and can carry a lifetime ban from the US. Is it worth the risk? Many times this involves lying to the CBP - like when they ask 'what is the purpose of your visit" if you tell them (honestly) you are adjusting status...see how that goes. If you say anything else such as 'tourist' or 'just visiting' that is lying which is where the lifetime ban comes in

DCF is your fastest route. File NOW

GOod luck

[Flames9_RN 358]

See what the DCF regs are for the country that ur in!! Even if they are lightning fast, there is a period of time one has to use ther visa!! In Canada, one has up to 6 months to use it!! Could be different for other countries. Check out the DCF forum on VJ

[Udella&Wiz 325]

No matter what route you choose - it may be prudent to plan for the event that you are not moving to the US with your wife in 7 months (if timelines show otherwise) . You do not control the pace of immigration and there isn't a way to make them jump through hoops. We've all come to realize here that they will work at their usual pace - they don't make exceptions for people. Just a consideration.

[warlord 73]

No matter what route you choose - it may be prudent to plan for the event that you are not moving to the US with your wife in 7 months (if timelines show otherwise) . You do not control the pace of immigration and there isn't a way to make them jump through hoops. We've all come to realize here that they will work at their usual pace - they don't make exceptions for people. Just a consideration.

Very true. And this extends all the way up to naturalization as well. Many people seem to think they can postpone their interviews or oath ceremonies and then get it set up for a day convienent to them. They get a rude awakening when they get tossed back into the USCIS black hole and then have to wait until the USCIS decides when they are privilaged enough to get another date sent to them...