Adjustment of status

[Oldschool1964 0]

I am a US citizen living in Ontario with my Canadian wife. We were married last Summer in Canada and I moved here. We want to move to The States and I am scheduled to start work in The States on March 30. I will be coming back to Canada on weekends to be with my we wife. Once we sell our home in Ontario and buy one in The States, can my wife just come over and then file for adjustment of status after 90 days?

[Unlockable 7,315]

5 minutes ago, Oldschool1964 said:

can my wife just come over and then file for adjustment of status after 90 days?

Nope. That is fraud.

 

You have to apply for a spousal visa for her. The process will take about a year to complete. She can visit in the meantime. But you can't plan to bring her over and adjust. 

[Nat&Amy 623]

58 minutes ago, Oldschool1964 said:

can my wife just come over and then file for adjustment of status after 90 days?

File for spousal visa asap. The issue here is entering the country with intention to immigrate when you don't have an immigrant visa. Also, remember: in AoS your wife will not be able to work or to leave the US for several months. What if she needs to go to Canada to deal with urgent family matters? Completely not worth the risk when husband and wife live so close to each other and can visit every weekend.

 

ETA: as to the 90 day rule, it amazes me that people keep bringing it up but fail to realize that what they are doing is planning to wait 90 days to "prove" they were not planning to immigrate. Fraud at its best, and a real shame that lawyers and so many people continue to give this kind of advice. 

Edited March 10, 2020 by Nat&Amy

[Crazy Cat 42,215]

1 hour ago, Oldschool1964 said:

I am a US citizen living in Ontario with my Canadian wife. We were married last Summer in Canada and I moved here. We want to move to The States and I am scheduled to start work in The States on March 30. I will be coming back to Canada on weekends to be with my we wife. Once we sell our home in Ontario and buy one in The States, can my wife just come over and then file for adjustment of status after 90 days?

Remove the thought of adjustment of status from your mind.  That ship has sailed since she is not currently inside the US.....and entering the US via a non-immigrant route with the intent to adjust is fraud.......Your only legal option is a CR-1 spousal visa.  Good Luck.