I-130 Guide 1 vs 2?

[Cilian7 1]

Via the Family Visa Guides section of the US Immigration Guides page I discovered the following guide...

Step-by-Step Guide on How to File for a IR-1 / CR-1 Visa for a Foreign Spouse ("I-130 Guide 1")

http://www.visajourney.com/content/i130guide1

In the forum, however, I discovered a similar one...

Step-by-Step Guide on How to File an I-130 for a Spouse Inside the US ("I-130 Guide 2")

http://www.visajourney.com/content/i130guide2

To give some background: I, a US citizen, married my wife, who is a Canadian citizen, this August in my home state in the US. She is now back in Canada and have remained in my home state while we file for the CR-1. I have been using the visa guides to assemble our packet, primarily referencing the "I-130 Guide 1". However, I stumbled across the "I-130 Guide 2" and was intrigued. I'm not sure if I am understanding this correctly, but would taking the route of Guide 2 enable my wife to reside in the US with me while we wait out the CR-1 filing? If so, are there any additional perks to it? If not, can someone please correct me where I am mistaken on this and elaborate on what it means?

Thank you for your help.

[lost_at_sea 995]

Guide 2 is for folks who marry in the US and AoS while the foreign spouse stays in the USA without leaving after marriage (it's the risky route, hence the warning at the top of that guide).

Your spouse already left the US.

[Blueberry Pancake 311]

Well, now that she is already back in Canada, there isn't anything you can do. Just wait.

I-130s for spouses already in the US applies to people who e.g. entered without inspection, overstayed... Also those who married on non-immigrant visas, B-2, J-1 etc.

Like it is stated in the guide, it's possible to get in trouble that way. A) Because they already violated immigration laws and are most likely subject to bans and deportation because of it. B) Because it may be considered immigration fraud. E.g. coming to the US on tourist visa with an intention to get married (and skip to lengthy and painful CR1 process).

Of course a lot of people still do it and even if it is just a fraud- they get away with it.

At the end of the day, CR-1 is the way to go and you're doing it the right way. Unfortunately she is not allowed to reside in the US while waiting for her visa. She can visit though. Just gotta make sure she can show strong ties to her country. Letter from employer, mortgage, lease etc.

I know it's hard... Hang in there and good luck!

[Cilian7 1]

Well, now that she is already back in Canada, there isn't anything you can do. Just wait.

I-130s for spouses already in the US applies to people who e.g. entered without inspection, overstayed... Also those who married on non-immigrant visas, B-2, J-1 etc.

Like it is stated in the guide, it's possible to get in trouble that way. A) Because they already violated immigration laws and are most likely subject to bans and deportation because of it. B) Because it may be considered immigration fraud. E.g. coming to the US on tourist visa with an intention to get married (and skip to lengthy and painful CR1 process).

Of course a lot of people still do it and even if it is just a fraud- they get away with it.

At the end of the day, CR-1 is the way to go and you're doing it the right way. Unfortunately she is not allowed to reside in the US while waiting for her visa. She can visit though. Just gotta make sure she can show strong ties to her country. Letter from employer, mortgage, lease etc.

I know it's hard... Hang in there and good luck!

Blue., thank you both for the clear and informative answer, and the encouragement. It is indeed difficult, as anyone here can no doubt testify.

As per #22 of the I-130 form, what makes a relative/spouse eligible for adjustment of status (to enable filing an I-130 while they are in the US) in the eyes of the USCIS?

Thanks again!

[Blueberry Pancake 311]

Blue., thank you both for the clear and informative answer, and the encouragement. It is indeed difficult, as anyone here can no doubt testify.

As per #22 of the I-130 form, what makes a relative/spouse eligible for adjustment of status (to enable filing an I-130 while they are in the US) in the eyes of the USCIS?

Thanks again!

I am no expert but I think the requirements are: A) to be physically present in the US B) legal entry into the US C) proving bona fide marriage

People who are inadmissible but already in the US can file for a provisional waiver allowing them to wait out the process inside the US without the need to leave the country. This has been allowed since Jan of this year I think. Doesn't apply to you though.

But just shows doing it the wrong way is easier than doing it the right way.. Just more expensive

[canadian_wife 1,822]

If one was already in the US, say on a work visa, or a student visa, and one married a USC, they could legally adjust status

Your wife is in Canada, she cannot come to the US as a tourist with intentions of staying. Your 'guide 1' is for you

good luck

[Darnell 8,478]

Q22 has two parts, one on the left, one on the right. Suggest you write 'Montreal' on the right portion.