Travelling Outside U.S. After I-485

[bob_cottingham46 0]

Hello, am finding these forums very helpful. My wife and I are currently filling out I-130 form and as well the I-485 application. Here are my circumstances, followed by a question:

My wife is a U.S. citizen, we have been married 22 years.We are currently living at a home she owns in Washington State just below the Canadian/B.C border.I arrived in the U.S. in August as a visitor and now am going through the process of obtaining Permanent Residency with I-485 form etc. My question is this: because my wife is a U.S. citizen and I am a Canadian citizen, after I apply and file all the required paper work can we travel back to Canada to visit our daughters, go to doctor appointments in B.C., medical emergency etc. or do the rules of having to request a travel document I-131 apply to me. I do not want to jeopardize my application process, but on the other hand may need to travel to Canada for Christmas holidays of for a doctor's appointment if I get sick. Thanks for any help!

Bob

[ceadsearc 516]

You need to file for AP which takes 2-3 months. Without it, you can't leave. If you do, you'll abandon your AOS and have to stay in Canada (no visiting since you obviously have immigrant intent), file for a spousal visa, and wait 6-8 months for it to be approved.

Or you can return and do the spousal visa from the start, and just visit but NOT live in the US in the meantime (sounds like you are already living here, though, so that may not work well).

[bob_cottingham46 0]

Thank you for the info, I do consider myself still visiting as I arrived in August and have not reached the 6 month less a day status yet. Maybe I should look at your second option "Or you can return and do the spousal visa from the start, and just visit but NOT live in the US". Can you elaborate on that as I am not familiar with what you are saying.

Thanks!

Bob

[VanessaTony 3,567]

Thank you for the info, I do consider myself still visiting as I arrived in August and have not reached the 6 month less a day status yet. Maybe I should look at your second option "Or you can return and do the spousal visa from the start, and just visit but NOT live in the US". Can you elaborate on that as I am not familiar with what you are saying.

Thanks!

Bob

You arrived as a Canadian visitor. Your wife will have had to have filed the I-130 and I-485 together to adjust your status from visitor to permanent resident. While you consider yourself to be a visitor, you are not. You are an Applicant for Permanent Residence.

During this process you CANNOT leave the US without advanced parole (I-131 - which is free to file with the I-485) or you will be deemed to have abandoned the process. Your I-130 will still process, but your I-485 will be denied.

The other option is to discontinue the I-485 part of the process, and instead process the I-130 back in Canada. This means that you are going to have to do a medical etc in Canada and attend an interview in Canada to get your IR-1 visa to enter the US and get your 10 year GC on entry.

Usually you could enter the US as a Canadian visitor while processing the I-130, but if you've already filed the I-485 you would be assumed to have immigrant intent so it's unlikely that if you abandon the I-485 process now, that you would be permitted back in the US without a visa.

**Edit - Has your wife filed anything yet? Or are you just looking at your options at the moment?

Edited October 14, 2012 by Vanessa&Tony

[bob_cottingham46 0]

To Little Miss:

Re the last reply, thanks so much for these options, we have NOT submitted any paper work yet, I have all the forms roughly completed, those being the I-130 and the I-485 as well as Biographic forms, but again, haven't submitted anything. We sub let an apartment in Victoria B.C. to keep our Canadian health care, plus our two daughters live in Canada. I want to do things legally and be able to stay in the states but want the freedom to be able to get back to Canada (only an hour away) in case of medical emergency or family visits. I just don't want to have to worry about being denied entry. So, you think I should apply for the I-130 in Canada? Would I have to stay there until everything is approved? My wife is staying in Washington state to be close to her mum who is terminally ill and she has property there. Any further advice would be welcome!

Thanks!

[bob_cottingham46 0]

I meant to say Vanessa and Tony......

[VanessaTony 3,567]

Re the last reply, thanks so much for these options, we have NOT submitted any paper work yet, I have all the forms roughly completed, those being the I-130 and the I-485 as well as Biographic forms, but again, haven't submitted anything. We sub let an apartment in Victoria B.C. to keep our Canadian health care, plus our two daughters live in Canada. I want to do things legally and be able to stay in the states but want the freedom to be able to get back to Canada (only an hour away) in case of medical emergency or family visits. I just don't want to have to worry about being denied entry. So, you think I should apply for the I-130 in Canada? Would I have to stay there until everything is approved? My wife is staying in Washington state to be close to her mum who is terminally ill and she has property there. Any further advice would be welcome!

Excellent news that you haven't filed anything! Yes, I would ONLY file the I-130. You would be "stuck" in the US for at least 3 months while the I-131 processes so that you can leave the US and return to continue AOS (I-485).

The process would be the I-130 ONLY. You can still file it now of course, and yes you would continue the process in Canada (though you can remain a visitor in the US like you normally would). It will take approximately a year though. In the meantime you would be free to travel back and forth (though I would be wary of doing it too much so they don't deny you entry).

The AOS would take less time, BUT you would be stuck in the US waiting for the I-131.

[hikergirl 277]

To Little Miss:

Re the last reply, thanks so much for these options, we have NOT submitted any paper work yet, I have all the forms roughly completed, those being the I-130 and the I-485 as well as Biographic forms, but again, haven't submitted anything. We sub let an apartment in Victoria B.C. to keep our Canadian health care, plus our two daughters live in Canada. I want to do things legally and be able to stay in the states but want the freedom to be able to get back to Canada (only an hour away) in case of medical emergency or family visits. I just don't want to have to worry about being denied entry. So, you think I should apply for the I-130 in Canada? Would I have to stay there until everything is approved? My wife is staying in Washington state to be close to her mum who is terminally ill and she has property there. Any further advice would be welcome!

Thanks!

http://www.health.gov.bc.ca/insurance/msp_address_change.html

Once you are residing in the US, you are not covered by BC Health. They only cover you for the balance of the month that you leave Canada to reside elsewhere.

I agree with what Vanessa&Tony said above and that once you apply for the I-130 and 1-485 from the US you would no longer be consider "visiting" the US.

According to the above link you must be physically present in BC for 6 months or more in a calendar year to keep your coverage with the BC Medical Services Plan.