Filing I-130 and I-485 concurrently

[lovingcanadians 0]

Ok so I started dating my fiancee while he was in the states on a work visa. It expired and he went back to Canada and we've been making it work long distance for the last year or so. We want to get married sometime soon. He owns property in the U.S. and often comes back to visit here. If we happen to get married on one of these visits, would we be able to file concurrently? Or that doesn't count as him living here?

If we do file the I-130 separately does he have to go back to Cananda immediately? Since Canadians can stay in the states up to a certain amount of time, can he just stay in the U.S. while its processed and go back to Cananda every few months or something?

Do we have to wait until its approved to send the I-485 along with I-765 so he can work?

Thanks for the info!

[sheeshkabelle 153]

Ok so I started dating my fiancee while he was in the states on a work visa. It expired and he went back to Canada and we've been making it work long distance for the last year or so. We want to get married sometime soon. He owns property in the U.S. and often comes back to visit here. If we happen to get married on one of these visits, would we be able to file concurrently? Or that doesn't count as him living here?

If we do file the I-130 separately does he have to go back to Cananda immediately? Since Canadians can stay in the states up to a certain amount of time, can he just stay in the U.S. while its processed and go back to Cananda every few months or something?

Do we have to wait until its approved to send the I-485 along with I-765 so he can work?

Thanks for the info!

If he comes on one of his visits, yes you can get married. BUT he can not apply for Adjustment of Status with the I-485 while in the US. Telling customs you're coming to visit but actually have the intent to immigrate with marriage is fraud.

You can get married and file the I-130 to start the process for his CR-1 visa. He does not immediately have to leave. He can stay his six months if he so chooses, remember he can not legally work, he is only a visitor. Just make absolutely sure he does NOT over stay!

He will have to return to Canada eventually, since his medical exam has to be done by a civil surgeon in Canada and his interview will be in Montreal.

He can travel back and forth as much as he wants. Once you file the I-130 he will face closer scrutiny at the border. He will have to bring proof with him that he intends to return to Canada until his visa is approved. (proof of a job, lease, bank accounts in Canada etc) Even then, it's up to the discretion of the CBP officer whether he is let in the US or not. Always be honest and have a back up plan just in case.

From start to finish you're looking at 6 months to a year before he gets a "green card" and can legally immigrate and work.

[Deputy Purple 1,294]

Moved from ""IR-1 / CR-1 Spouse Visa Process & Procedures" as OP is asking about concurrent filing of I-130 & I-485 which is Adjusting Status.

Edited January 9, 2012 by Bob 4 Anna

[lovingcanadians 0]

Thanks for your response. We will adjust our plans a bit. So you suggest the CR-1 option instead of the K-3? I read the guides, but still feel confused about the difference.

[carocaro 22]

Do a lot of searching on this site and read our stories as there are a number of us who ended up marrying spontaneously on one of those visits and staying until we had Green Cards. I also had a home in the USA and came down on a regular basis, always being sure to count my days in a year so I never overstayed that 6 months less a day. It was a stressful process and if you read my timeline I couldn't work in the USA, couldn't move down my things, nor go home to Canada for even a weekend for 6 months until we were finally interviewed and Green Card was in hand. I married a great guy and we're happy we are together full time, but it isn't easy. You're on a great site to learn it all!

Good luck!

Caro

[Little_My 464]

The K3 process doesn't really exist anymore, so the visa you should be looking into is CR-1. K1 fiance visa is another option as you are not married yet, but CR-1 is cheaper and does not include the whole AOS phase, which means that the foreign spouse will become a permanent resident immediately upon entry with the CR-1 visa, and can start working, studying and in general living a normal life as a legal permanent resident without any periods of not being able to work or travel.

[lovingcanadians 0]

Thanks... We will probably go for the CR-1 then. Not paying the 1,000 for AOS sounds appealing. We had an incident last night that I'm not sure is going to affect us or not...

My fiance was crossing the border last night to drive down to see me, which he has done before with no problem. In fact he was coming to pick me up at the Buffalo airport nearly every weekend for a while, no problems. Last night, before he'd even said a word, they told him to get out of his car, they searched EVERYTHNG in his truck and grilled him for 2 HOURS about why he was coming to the states! that's never happened before!! when they finally did let him go, they said they didn't believe him and that they were going to put a tracker on his passport and if he didn't come back to Canada in 6 WEEKS they would have him arrested! really?? I don't get it! Was that just random and bad luck? Is it going to affect us when we DO get married?

How do you not come to the state without intent to marry when you KNOW you're getting married at some point? how do you plan that?? is it better to get married in Canada then file in the states? I'm officially scared out of my mind!!

Edited January 11, 2012 by lovingcanadians

[Harpa Timsah 13,258]

How do you not come to the state without intent to marry when you KNOW you're getting married at some point? how do you plan that??

The point is that you can't plan to have no intent when you do have intent. You can't plan to be spontaneous. It sounds like he is now flagged as having immigrant intent. This is probably because he has been visiting so often. Don't worry.

It is not illegal to marry in the US on a tourist visa. What is illegal to use that nonimmigrant tourist visa for the purpose of immigrating. You can marry anywhere you like, but it sounds like his ability to visit the US might be under additional scrutiny now.

You can marry now and file for the CR-1, or plan a wedding at some other date and then file a CR-1. That was your plan anyway, after discussion here. Since he had a hard time at the border, any attempt at concurrent filing within the country would be a bad idea. Have him go back to Canada in 6 weeks as planned, and hopefully his good behavior will allow him to continue to visit, even while the spousal CR-1 visa is processing.

Good luck.