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Daniel and Laura

specific to Canadians...

By Daniel and Laura in K-3 Spouse Visa Process & Procedures

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Daniel and Laura Explorer

Daniel and Laura   1

Posted
Filed: AOS (pnd) Country: Colombia
 Timeline
Posted

If the Canadian citizen visits the states and then gets married to his fiance on this visit, they should file the I-130 correct? When doing that...

does the Canadian HAVE to remain in the states or does he need to file the I-131...

and does he have to file the I-765 at that time as well in order to work...

or does he have to wait until approval on the I-130 and then file the I-485 with the I-131 and I-765?

This is not for me but for my friend who is getting married to a Canadian and filing without a lawyer's help. Thanks for any info!

Daniel & Laura

NOA1 Received: 10-15-10

Contacted Congressmen: 3-15-10

Contacted Congressmen again and got approval: 4-13-10

Contacted VSC (2nd tier) to confirm approval: 4-14-10

NOA2 Received: 4-15-10 (182 days from NOA1)

Arrived at NVC, new case # assigned: 4-19-11

Left NVC: 4-20-11

Arrives at BOG consulate: 4-27-11

Package 3 forms sent: 4-27-11

Interview: 6-16-11 APPROVED!!!!!

Picked up visa/passport at DOMESA: 6-22-11

Daniel comes to the USA: 7-5-11

OUR WEDDING DAY!!! 7-22-11

Mailed AOS documents: 8-29-11

AOS received in Chicago: 8-30-11

NOA1 received: 9-2-11

I797c appointment notice received: 9-12-11

Biometrics appointment: 9-26-11

Transfered to CSC 10-5-11

I-765 approved 11-5-11

Received EAD 11-17-11

Called USCIS to get update...CSC working June cases 1/12

Called USCIS for "service request" 2/12

Called USCIS for results...CSC working December cases 3-13-12

Contacted Congressman 3-22-12

AOS APPROVED!! 3-23-12

GREEN CARD RECEIVED!!! 3-27-12

event.png

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Operator Experienced

Operator   1,927

Posted
Filed: Other Country: China
 Timeline
Posted

There are no requirements specific to Canadians that I am aware of.

Have your friend read the guides for a CR-1/IR-1. http://www.visajourney.com/content/i130guide1

Depending on his status in the US he will probably have to return to Canada while it's processed.

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bigdog Veteran

bigdog   376

Posted
Filed: Lift. Cond. (apr) Country: China
 Timeline
Posted

This has to do with intent, your comment shows intent or possible intent to marry, http://www.visajourney.com/content/i130guide2. Be careful do not get banned.

In Arizona its hot hot hot.

http://www.uscis.gov/dateCalculator.html

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GnBnL Community Regular

GnBnL   50

Posted
Filed: K-1 Visa Country: Canada
 Timeline
Posted

your friend can do this, but will have to leave and file for CR-1. trying to stay in the US and adjust status is not recommended and could potentially be very troublesome. If we could do this from canada, we all would have.

I-129F Sent : 2011-01-20

I-129F NOA1 : 2011-01-24

I-129F NOA2 : 2011-06-08

Packet 3 Received : 2011-07-02

Packet 3 Sent : 2011-07-03

Packet 4 Received : 2011-07-21

Interview Date : 2011-08-24

Interview Result :Approved!

POE: 2011-09-12

Married: 2011-09-30

AOS filed: 2011-10-17

NOA1: 2011-10-25

Biometrics Appt: 2011-11-09

Case transferred to CSC: 2011-12-23

EAD approval: 2011-12-28

Husband secretly pulled I-864 thus cancelling I-485 application 2012-05-10

F22zm4.png[/center]

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Darnell Grand Master

Darnell   8,478

Posted
Filed: IR-1/CR-1 Visa Country: China
 Timeline
Posted

If the Canadian citizen visits the states and then gets married to his fiance on this visit, they should file the I-130 correct? When doing that...

does the Canadian HAVE to remain in the states or does he need to file the I-131...

and does he have to file the I-765 at that time as well in order to work...

or does he have to wait until approval on the I-130 and then file the I-485 with the I-131 and I-765?

This is not for me but for my friend who is getting married to a Canadian and filing without a lawyer's help. Thanks for any info!

I think you are confusing 'Adjustment of Status' process with 'getting an Immigrant Visa' process.

Sometimes my language usage seems confusing - please feel free to 'read it twice', just in case !
Ya know, you can find the answer to your question with the advanced search tool, when using a PC? Ditch the handphone, come back later on a PC, and try again.

-=-=-=-=-=R E A D ! ! !=-=-=-=-=-

Whoa Nelly ! Want NVC Info? see http://www.visajourney.com/wiki/index.php/NVC_Process

Congratulations on your approval ! We All Applaud your accomplishment with Most Wonderful Kissies !

 

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lovingcanadians Newbie

lovingcanadians   0

Posted
Filed: K-3 Visa Country: Canada
 Timeline
Posted

Hi... this post is about me, Holly. I'm new to this but our current plan is to get married and then file the I-130, so my question is

1.) will my husband have to go back to and STAY in Canada the entire time our I-130 is being processed?

2.) is it possible to file the I-130 WITH the I-131 and I-765?

This is from the USCIS website...

Get a Green Card While Inside the United States

One Step Process

Certain people are eligible to apply for a green card (permanent residence) while inside the United States. An immediate relative relationship allows you to apply on Form I-485, Application to Register Permanent Residence or Adjust Status, to become a permanent resident at the same time your U.S. citizen petitioner files Form I-130, Petition for Alien Relative. For more information on filing for permanent residence in one step, see our Concurrent Filing page.

Two Step Process

You still have the option to file your I-485 application any time after your petitioner files a Form I-130, for you, as long as it has not been denied. Generally, you will need to submit a copy of Form I-797, Notice of Action, with your Form I-485, that shows the Form I-130 petition is either pending or approved.

Step One – Your U.S. citizen immediate relative must file the Form I-130 for you and it must be either pending or approved.

Step Two – After you receive Form I-797, Notice of Action, showing that the Form I-130 has either been received by us or approved, then you may file Form I-485. When you file your I-485 application package, you must include a copy of the Form I-130 receipt or approval notice (the Form I-797). For more information on filing for permanent residence, see our Adjustment of Status page.

So if he is in the states visiting me and we get married can we do the above process?

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GnBnL Community Regular

GnBnL   50

Posted
Filed: K-1 Visa Country: Canada
 Timeline
Posted

The problem with entering as a visitor and then marrying and then trying to adjust status is that you will have lied about your reason for going to the US. You can get married in the US, but then he must return to Canada where you will then file for a visa. He CAN visit you during the process provided he has strong ties to his home, and it will be up to the CO to determine whether he'll be allowed to cross the border or not. You're really best to just go through the process of waiting on the visa. :)

I-129F Sent : 2011-01-20

I-129F NOA1 : 2011-01-24

I-129F NOA2 : 2011-06-08

Packet 3 Received : 2011-07-02

Packet 3 Sent : 2011-07-03

Packet 4 Received : 2011-07-21

Interview Date : 2011-08-24

Interview Result :Approved!

POE: 2011-09-12

Married: 2011-09-30

AOS filed: 2011-10-17

NOA1: 2011-10-25

Biometrics Appt: 2011-11-09

Case transferred to CSC: 2011-12-23

EAD approval: 2011-12-28

Husband secretly pulled I-864 thus cancelling I-485 application 2012-05-10

F22zm4.png[/center]

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  • 3 weeks later...
usernameisdiff Contributor

usernameisdiff   0

Posted
Filed: AOS (pnd) Timeline
Posted

Hi... this post is about me, Holly. I'm new to this but our current plan is to get married and then file the I-130, so my question is

1.) will my husband have to go back to and STAY in Canada the entire time our I-130 is being processed?

2.) is it possible to file the I-130 WITH the I-131 and I-765?

This is from the USCIS website...

Get a Green Card While Inside the United States

One Step Process

Certain people are eligible to apply for a green card (permanent residence) while inside the United States. An immediate relative relationship allows you to apply on Form I-485, Application to Register Permanent Residence or Adjust Status, to become a permanent resident at the same time your U.S. citizen petitioner files Form I-130, Petition for Alien Relative. For more information on filing for permanent residence in one step, see our Concurrent Filing page.

Two Step Process

You still have the option to file your I-485 application any time after your petitioner files a Form I-130, for you, as long as it has not been denied. Generally, you will need to submit a copy of Form I-797, Notice of Action, with your Form I-485, that shows the Form I-130 petition is either pending or approved.

Step One – Your U.S. citizen immediate relative must file the Form I-130 for you and it must be either pending or approved.

Step Two – After you receive Form I-797, Notice of Action, showing that the Form I-130 has either been received by us or approved, then you may file Form I-485. When you file your I-485 application package, you must include a copy of the Form I-130 receipt or approval notice (the Form I-797). For more information on filing for permanent residence, see our Adjustment of Status page.

So if he is in the states visiting me and we get married can we do the above process?

I have the same situation did you find out any other info in reagrds to this? I was told that they don't like you doing it that way buy they dont deny the application either

06/16/2012 Mailed package chicago lock box I130,I485,I131,I765

06/18/2012 Delivered

06/24/2012 received hard copies NOA for all

07/13/2012 applied for expedite I131 over phone

07/16/2012 received email notifying me of expedite received

07/16/2012 received bio letter appt 08/09/2012

07/17/2012 tried to do bio walkin at san jose(denied)

07/17/2012 did bio walkin in oakland success

07/23/2012 received email/text notice that my I765 was approved card is in production

07/23/2012 received email/text notice that my I131 was approved and mailed out

07/26/2012 received another text saying my I765 was approved card is in production

07/26/2012 received 3rd email/text saying my I765 was approved card is in production

07/27/2012 received email/text saying card mailed to address on file

07/27/2012 received email/text saying usps picked up mailed with my card to be delivered within 7 days

07/31/2012 received ead/ap card in mail

07/31/2012 received mail/text saying letter with appointment date aug 30,2012 mailed out

08/02/2012 received letter in mail today for interview aug 30,2012

08/30/2012 APPROVED waiting for card

09/08/2012 GREENCARD IN HAND YEAH(84 for days from mail in day)

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Darnell Grand Master

Darnell   8,478

Posted
Filed: IR-1/CR-1 Visa Country: China
 Timeline
Posted
http://www.visajourney.com/forums/topic/346204-specific-to-canadians/page__view__findpost__p__5092641

Sometimes my language usage seems confusing - please feel free to 'read it twice', just in case !
Ya know, you can find the answer to your question with the advanced search tool, when using a PC? Ditch the handphone, come back later on a PC, and try again.

-=-=-=-=-=R E A D ! ! !=-=-=-=-=-

Whoa Nelly ! Want NVC Info? see http://www.visajourney.com/wiki/index.php/NVC_Process

Congratulations on your approval ! We All Applaud your accomplishment with Most Wonderful Kissies !

 

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