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canucktousa

Spouse visa question (split thread)

By canucktousa in Canada

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canucktousa Newbie

canucktousa   0

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Filed: Timeline
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Interesting Story, I myself have just started this process but have hired an immigration lawyer. I'm Canadian and my spouse is USC . We aren't married yet, but plan to this year. The thing that I'm concerned about is my lawyer said that I have to enter the US then they file the I-130 and will have to remain the US for 60-90 days until I am approved for travel. So having said that. I would have to quit my job as I cannot take that much time off. So if I enter the US and they question me I will be denied i'm sure ( if i tell them the truth) My lawyer is saying to strategically enter the US (so basically lie). I'm not comfortable doing this at all. My whole life is here in Canada, so I'd have to move, and quit my job to do this. My question is, is it true that we have to file the I-130 in the US. Can't i do it while i'm still in Canada? Then once approved I can move without worry.

Ms Hogan Proficient

Ms Hogan   295

Posted
Filed: Citizen (apr) Country: Canada
 Timeline
Posted

Interesting Story, I myself have just started this process but have hired an immigration lawyer. I'm Canadian and my spouse is USC . We aren't married yet, but plan to this year. The thing that I'm concerned about is my lawyer said that I have to enter the US then they file the I-130 and will have to remain the US for 60-90 days until I am approved for travel. So having said that. I would have to quit my job as I cannot take that much time off. So if I enter the US and they question me I will be denied i'm sure ( if i tell them the truth) My lawyer is saying to strategically enter the US (so basically lie). I'm not comfortable doing this at all. My whole life is here in Canada, so I'd have to move, and quit my job to do this. My question is, is it true that we have to file the I-130 in the US. Can't i do it while i'm still in Canada? Then once approved I can move without worry.

I'm not going to hijack the OP's post answering your questions but please understand that this is a DoItYourself site. There is A WEALTH of useful information here and guides above for you to look through before you get started. I can say that your lawyer is either WRONG or you misunderstood. So take some time and read about fiance visas vs. spousal visas. K1 vs IR1

USCIS - 40 DAYS
2012-10-30: FedEx delivered I-130 to Chicago Lockbox Mail Room
2012-11-01: NOA1 by email - MSC
2012-11-02: $420 (x3) debited from our account
2012-11-05: NOA1 hard copies received, Priority Date 2012-10-30
2012-12-11: NOA2

NVC - 26 DAYS
2013-01-02: Rec'd case#, IIN, BIN & OPTIN emails for EP sent
2013-01-03: Submitted DS-261 (x3)
2013-01-07: AOS bills invoiced and paid & OPTIN for EP accepted for each of us
2013-01-08: AOS bills appear as paid & AOS packages sent by email
2013-01-08: IV bill invoiced & paid (kids' only)
2013-01-09: IV bill appears as paid (kids' only)
2013-01-09: IV Package emailed & DS-260 submitted online (kids only)
2013-01-11: AOS received -notified by email
2013-01-11: IV bill invoiced & paid (for me)
2013-01-14: IV bill appears as paid (for me)
2013-01-14: IV Supporting Docs received for kids - notified by email
2013-01-14: IV Package emailed & DS-260 submitted online (me only)
2013-01-18: IV Supporting Docs received for me - notified by email
2013-01-18: Son#1 CASE COMPLETE - Son#2 checklist - saying $ on I-864 don't match tax return (but they do)-resubmitted
2013-01-23: AOS 2nd submission for Son #2 received - notified by email
2013-01-25: My CASE COMPLETE
2013-01-28: ALL 3 OF OUR CASES ARE NOW COMPLETE
2013-02-06: Packet 4 Received by email

MEDICAL ~ CONSULATE ~ POE REMOVAL OF CONDITIONS - 160 DAYS NATURALIZATION
2013-02-13: Medicals 2014-12-17: Delivered to California Lockbox 2015-12-15: Delivered to Phoenix Lockbox
2013-03-06: Interview 2014-12-19: 1 I-751 + 3 Biometrics Fees debited from our account 2015-12-16: Fees charged to Credit Card
2013-03-08: Visas in-hand 2014-12-22: Received NOA1 by mail. Receipt Date: 2014-12-17 2015-12-17: NOA
2013-03-12: Paid USCIS Immigrant Fee 2014-12-24: Received Biometrics Appointment Letter 2016-01-02: Biometrics Letter 2016-01-11: Biometrics
2013-03-14: POE 2015-01-06: Biometrics 2016-02-15: In Line for Interview 2016-02-19: Letter
2013-03-25: SSNs arrived 2015-05-27: Approved 2016-03-22: Interview
2013-04-01: Green Cards arrived 2015-06-03: New Green Cards arrived 2016-04-15: Oath Ceremony

Ms Hogan Proficient

Ms Hogan   295

Posted
Filed: Citizen (apr) Country: Canada
 Timeline
Posted

That is a long story to share. Thank you for taking time to write it all out like that! Your experiences at the border would have frustrated anyone! I was fortunate and never once had a problem crossing in all the time (3 years while dating and then a few months after being married) I went back and forth. Only once was I randomly selected to go to secondary with the kids and they kept apologizing to me for it!

It's good to know you're finally through the hardest part of the process. All of it will become just a memory eventually. I have forgotten most of what i went through during our process and all the feelings of impatience and frustration. When I look at some of my old posts or my writeup in my profile I can't believe how much I have forgotten already!

USCIS - 40 DAYS
2012-10-30: FedEx delivered I-130 to Chicago Lockbox Mail Room
2012-11-01: NOA1 by email - MSC
2012-11-02: $420 (x3) debited from our account
2012-11-05: NOA1 hard copies received, Priority Date 2012-10-30
2012-12-11: NOA2

NVC - 26 DAYS
2013-01-02: Rec'd case#, IIN, BIN & OPTIN emails for EP sent
2013-01-03: Submitted DS-261 (x3)
2013-01-07: AOS bills invoiced and paid & OPTIN for EP accepted for each of us
2013-01-08: AOS bills appear as paid & AOS packages sent by email
2013-01-08: IV bill invoiced & paid (kids' only)
2013-01-09: IV bill appears as paid (kids' only)
2013-01-09: IV Package emailed & DS-260 submitted online (kids only)
2013-01-11: AOS received -notified by email
2013-01-11: IV bill invoiced & paid (for me)
2013-01-14: IV bill appears as paid (for me)
2013-01-14: IV Supporting Docs received for kids - notified by email
2013-01-14: IV Package emailed & DS-260 submitted online (me only)
2013-01-18: IV Supporting Docs received for me - notified by email
2013-01-18: Son#1 CASE COMPLETE - Son#2 checklist - saying $ on I-864 don't match tax return (but they do)-resubmitted
2013-01-23: AOS 2nd submission for Son #2 received - notified by email
2013-01-25: My CASE COMPLETE
2013-01-28: ALL 3 OF OUR CASES ARE NOW COMPLETE
2013-02-06: Packet 4 Received by email

MEDICAL ~ CONSULATE ~ POE REMOVAL OF CONDITIONS - 160 DAYS NATURALIZATION
2013-02-13: Medicals 2014-12-17: Delivered to California Lockbox 2015-12-15: Delivered to Phoenix Lockbox
2013-03-06: Interview 2014-12-19: 1 I-751 + 3 Biometrics Fees debited from our account 2015-12-16: Fees charged to Credit Card
2013-03-08: Visas in-hand 2014-12-22: Received NOA1 by mail. Receipt Date: 2014-12-17 2015-12-17: NOA
2013-03-12: Paid USCIS Immigrant Fee 2014-12-24: Received Biometrics Appointment Letter 2016-01-02: Biometrics Letter 2016-01-11: Biometrics
2013-03-14: POE 2015-01-06: Biometrics 2016-02-15: In Line for Interview 2016-02-19: Letter
2013-03-25: SSNs arrived 2015-05-27: Approved 2016-03-22: Interview
2013-04-01: Green Cards arrived 2015-06-03: New Green Cards arrived 2016-04-15: Oath Ceremony

 
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