Questions regarding applying for I-485 with F2A being current

[MissingWife 0]

Hi everyone,

I would like to provide an update on my current situation before I ask my question.
My wife: Canadian Citizen living in Quebec, Canada
Myself: Living in Dallas, Texas
Situation: Applied for I-130 in December and have PD of December 20, 2012 and in "Initial Review" right now.

I understand the August visa bulletin for F2A category is indicating that it is current which allows the beneficiary to apply for I-485 but only if they are residing in the United States.

My question is can my wife come to the United States and apply for the I-485? I know she can't leave the United States while applying for I-485. If yes, how long can she stay in the United States and if it approaches the limit for a visitor, can she get it extended?

Also, what, if any any, will applying for the I-485 have on my I-130 application?

Thanks in advance for the responses!!!

[Hypnos 6,578]

No.

Entering the US on a nonimmigrant visa with the preconceived intent to remain would constitute visa fraud.

[aaron2020 11,651]

No.

If she was already here on a visit, then she would be able to adjust when the August 2013 Visa Bulletin suddenly became current.

She cannot enter the US with the intent to adjust. This is immigration fraud.

She needs to continue to have her case processed in Canada.

Sorry.

[fridaynitewine 5]

Hi everyone,

I would like to provide an update on my current situation before I ask my question.

My wife: Canadian Citizen living in Quebec, Canada

Myself: Living in Dallas, Texas

Situation: Applied for I-130 in December and have PD of December 20, 2012 and in "Initial Review" right now.

I understand the August visa bulletin for F2A category is indicating that it is current which allows the beneficiary to apply for I-485 but only if they are residing in the United States.

My question is can my wife come to the United States and apply for the I-485? I know she can't leave the United States while applying for I-485. If yes, how long can she stay in the United States and if it approaches the limit for a visitor, can she get it extended?

Also, what, if any any, will applying for the I-485 have on my I-130 application?

Thanks in advance for the responses!!!

The only way that she could enter the US and apply for I-485 to adjust status would be on a K-3 Visa (which is a non-immigrant visa) in which case you would have to petition with an I-129F in addition to the I-130 and that process looks like it is taking even longer than the immigrant visaIR1/CR1 and it would require her to go to Vancouver for her interview. Since she is in Quebec already makes more sense to me to just go with the I-130, IR1/CR1 route and then when it is finally time for her interview she will be closer to Montreal. Good luck, it will be a while. 6-8 months or longer likely. http://www.visajourney.com/content/i130guide1