File I-130 AND I-485 together or seperately

[alyo1291 0]

Hey all. I am a Canadian living in Vancouver Canada and just got married this week to a US Citizen (Las Vegas) in the US. I am currently in the US and we are going to be putting together the paperwork and then I will return back home in a few days ( so i will only have been in the states for about a week). I am wondering what is best/fastest. Filing package I-130 And that is it for now or filing both I-130 AND I-485 together. I don't plan on moving to the US until I either am approved for a Green Card or eligible to work. And with that being said I have a few questions. If i file concurrently does this make it so I am banned from coming back into the states until I have a green card in hand or is that up to the individual border guard? Also I have read that if i send both together they presume the interview/medical will be done here? I am fine with that as I believe I would need to fly out to Montreal regardless for an interview but once again I do have to leave the states and go back home so im wondering if I will be let back in for that.

Any help/suggestions greatly appreciated!

[Darnell 8,478]

file both = chasing Adjustment of Status, never leaving the USA till greencard in hand.

file I-130 only = chasing a VISA with interview in Montreal .

[lost_at_sea 995]

Not sure I exactly understand what you want to do, but here's the guides for the two options for someone in your shoes:

* If you're going to do this while living in Canada: http://www.visajourney.com/content/i130guide1

* If you want to adjust your status while you stay in the USA (note the warning at the top): http://www.visajourney.com/content/i130guide2

Pretty sure the second option won't allow you to leave the USA until it's complete. The first allows you to continue to visit the USA as a tourist (VWP terms apply as they did before).

Edited August 24, 2013 by lost_at_sea

[NikLR 13,227]

***moved to what visa do I need from IR1/CR1 process and procedures***

[dewy39 2]

I would file the I-130 and not I-485. I-485 should only be filed if you are in the US trying to adjust your status and you cannot leave the States while it is pending. If you still choose to return to Canada, I would file for IR1/CR1 visa after your I-130 approval. Good luck!!