Concurrently filing for Spouse

[mynameismevin 0]

I recently married a Canadian (the marriage took place in Canada), and I would like to bring her to the US. I am a US Citizen living in Seattle.

I was reading the process for bringing her here to the States, and I have some questions on data that I've found. I was reading the page regarding the Green Cards for an Immediate Relative of a US Citizen (https://www.uscis.gov/green-card/green-card-through-family/green-card-immediate-relative-us-citizen), and it talks about the One Step process while inside the US. This is my understanding of the process.

While she is in the US on a different visa (we'll use a B-2 for this instance), I can file a Petition for Alien Relative (http://www.uscis.gov/i-130). At the same exact time, I can also file her Application to Register Permanent Residence or Adjust Status (http://www.uscis.gov/i-485) as part of the same filing, and send that to my USCIS Lockbox in Phoenix.

My understanding of the immigration process that I have read on the USCIS website is that, in my instance, she does not need to wait for a visa number as she is considered an immediate relative, and there is an unlimited number of visa numbers for immediate relatives.

Is that a correct understanding of the process or am I missing part of the process?

Trying to find information on concurrently filing the documents is really hard and I want to make sure I understand the process completely so there aren't any issues.

[NigeriaorBust 4,087]

To plan to do this when she isn't in the US is visa fraud and the penalty can be a lifetime ban from the US

[B and H 18]

1. Canadians don't need a B-2 visa to enter the US.

2. Your example of entering the US on a non-immigrant visa with the intent to adjust status and stay (immigrate) is visa fraud.

If you already married and she is in Canada, the correct procedure is to file I-130, following the instructions for when the beneficiary is outside of the US, not the concurrent filing for beneficiaries inside the US. It takes about a year. For her to visit you in the US during the process, be truthful so that you don't risk a misrepresentation ban.

[canadian_wife 1,829]

Follow the guides for a Cr-1 visa, she'll interview in Montreal.

Good luck

[NikLR 13,232]

If the spouse is not currently in the USA, you would follow the path for the IR1/CR1 visa here: http://www.visajourney.com/content/i130guide1

It takes about a year. You guys can still visit during the process most likely.

[mynameismevin 0]

Ah, good to know. That's what I suspected, I just wasn't sure because the USCIS documentation is...interesting. Thanks!