Canadian spouses (F2A) for a permanent resident

[J88 0]

Hi I'm a little bit new here. Quick question

My kids and I will be a permanent resident very soon. We are now living in the US.

 

My wife live in Canada (she is Canadian). I want to minimize the time he will be separated from me and the kids.

Of course she can cross the border and stay in the USA for 182 days every calendar year.

 

I know we can do all the processes thought a Canadian consular. But can she do all the process while she is in the US ?

 

Like the statement below she will enter legally without the requirement of any Visa.

 

Page-2 https://www.uscis.gov/sites/default/files/USCIS/Resources/A1en.pdf 

Can my relative wait in the United States until becoming a permanent resident? No. If your relative is outside the United States, filing an I-130 does not allow your relative to live or work in the United States. An I-130 petition only establishes your relationship with your relative. Your relative should wait outside the United States to immigrate legally. If your husband or wife, unmarried child under 21 years, or parent is already in the United States after having entered legally, they can apply to adjust their status to permanent resident at the same time you file their I-130 petition.

 

If so how can she apply to adjust their status to permanent resident any additional form of the I130  and can we combine both document at the same thing when sending documents ?

 

Thanks !

 

[SalishSea 17,842]

15 minutes ago, J88 said:

I know we can do all the processes thought a Canadian consular. But can she do all the process while she is in the US ?

No.  Like the excerpt you attached states, she cannot come in with the intention of adjusting status.  That is immigration fraud. You will need to petition her and she will have an interview in Montreal, just like all the other people in the queue.

[SusieQQQ 11,586]

50 minutes ago, J88 said:

 

 

Page-2 https://www.uscis.gov/sites/default/files/USCIS/Resources/A1en.pdf 

Can my relative wait in the United States until becoming a permanent resident? No. If your relative is outside the United States, filing an I-130 does not allow your relative to live or work in the United States. An I-130 petition only establishes your relationship with your relative. Your relative should wait outside the United States to immigrate legally. If your husband or wife, unmarried child under 21 years, or parent is already in the United States after having entered legally, they can apply to adjust their status to permanent resident at the same time you file their I-130 petition.

 

 

You bolded the wrong bit when you quoted the above, I fixed it for you.

 

you cannot enter on a non-immigrant status with the intention to adjust status. This is immigration fraud. That is especially true of spouses of permanent residents, who may get bans for not following the law properly (unlike spouses of citizens, who get forgiven transgressions. Don’t read precedent of what spouses of USCs do and think it applies to you. It doesn’t. Your plan will lead to your wife overstaying her tourist status and getting a ban, because it will take much longer than 6 months before she can apply to adjust ..even without a finding of immigration fraud from misrepresented intent if she enters the US by lying to CBP that she is only visiting)

Edited September 5, 2019 by SusieQQQ

[delish 29]

File petition for her. File I-130 then under f2a category.

[J88 0]

Understand that's clear now.

 

Saying that do you know if during the immigration process if she is allow to visit me in the USA or during the all process she can't ?

 

Thanks.

[aaron2020 11,651]

2 hours ago, J88 said:

Understand that's clear now.

 

Saying that do you know if during the immigration process if she is allow to visit me in the USA or during the all process she can't ?

 

Thanks.

She can visit.  She will need to maintain ties to Canada - job, home, etc.

[SusieQQQ 11,586]

4 hours ago, J88 said:

Understand that's clear now.

 

Saying that do you know if during the immigration process if she is allow to visit me in the USA or during the all process she can't ?

 

Thanks.

She can, she will likely be more heavily scrutinized so suggest every time she crosses the border she brings with evidence (job letter, rental agreement etc) to show that her visit will be temporary and she will be returning to Canada.