What form to get after getting married

[Jean Eloise 0]

Hi! I am a international student here in Canada for a 2 year program of study. I will graduate this December 2020 and I must file my Post Graduate Work Permit here in Canada in order for me to stay and work but the thing is that me and my boyfriend who is a US citizen, is planning to get marry this December 2020. I am a little bit confuse on whether should we file I-130 and I-485 together at the same time even though I am currently working here in Canada or we must file this form if I go to the US? Base on what he said we can file I-130 and wait for it approximately 12 months before filing the I-485 but if I go to the US and file both of this thing then the process will be faster. I don't have a valid visa to go US. If I go there and do all the paper work, I'm afraid I need to stay there in which I will not be able to work cause I need to wait for the approval or I can go there and file all of this paper work and come back to Canada and work again while waiting for the approval and go back to US for interview?

[payxibka 10,045]

11 minutes ago, Jean Eloise said:

Hi! I am a international student here in Canada for a 2 year program of study. I will graduate this December 2020 and I must file my Post Graduate Work Permit here in Canada in order for me to stay and work but the thing is that me and my boyfriend who is a US citizen, is planning to get marry this December 2020. I am a little bit confuse on whether should we file I-130 and I-485 together at the same time even though I am currently working here in Canada or we must file this form if I go to the US? Base on what he said we can file I-130 and wait for it approximately 12 months before filing the I-485 but if I go to the US and file both of this thing then the process will be faster. I don't have a valid visa to go US. If I go there and do all the paper work, I'm afraid I need to stay there in which I will not be able to work cause I need to wait for the approval or I can go there and file all of this paper work and come back to Canada and work again while waiting for the approval and go back to US for interview?

You cannot enter the USA with a preconceived plan to circumvent the immigration process.   After marriage you file the i130 and wait for the interview in Montreal 

[Jean Eloise 0]

How long do I need to wait for Interview?

8 minutes ago, payxibka said:

You cannot enter the USA with a preconceived plan to circumvent the immigration process.   After marriage you file the i130 and wait for the interview in Montreal 

How long will I wait for Interview?

[payxibka 10,045]

Just now, Jean Eloise said:

How long do I need to wait for Interview?

How long will I wait for Interview?

Montreal was slow before covid.  15 to 18 months maybe.  After covid, who knows.

[Jean Eloise 0]

2 minutes ago, payxibka said:

Montreal was slow before covid.  15 to 18 months maybe.  After covid, who knows.

That was quiet long. Will it be faster if we file it in the US?

[payxibka 10,045]

Just now, Jean Eloise said:

That was quiet long. Will it be faster if we file it in the US?

Not necessarily and even if you were eligible, you couldn't leave for upwards of 6 to 8 months.  But since you are not eligible,  doesn't matter 

[Jean Eloise 0]

56 minutes ago, payxibka said:

Not necessarily and even if you were eligible, you couldn't leave for upwards of 6 to 8 months.  But since you are not eligible,  doesn't matter 

if we marry in Canada and he go back to US to process I-130, can I process the I-485 here in Canada the same time as he process in the US?

[payxibka 10,045]

35 minutes ago, Jean Eloise said:

if we marry in Canada and he go back to US to process I-130, can I process the I-485 here in Canada the same time as he process in the US?

No, because you don't need the i485.  If you remain in Canada all you need is the i130.  The i130 will result in a visa that upon entry you immediately become a resident ( green card)

Edited June 27, 2020 by payxibka

[Jean Eloise 0]

19 minutes ago, payxibka said:

No, because you don't need the i485.  If you remain in Canada all you need is the i130.  The i130 will result in a visa that upon entry you immediately become a resident ( green card)

is I-485 has a faster process and waiting time for interview than I-130?

[Boiler 45,312]

5 minutes ago, Jean Eloise said:

is I-485 has a faster process and waiting time for interview than I-130?

The I 485 has nothing to do with your process, forget about it, I would start by reading the guides, better still get your Fiance to read them as he will be doing most of the initial work.

[Just Paul 4,595]

Marry wherever you want.You have two choices for consular processing after that - you can do Montreal or your home country.   I-485 won't work for you because if you enter the US to adjust it would be visa fraud.

[Jean Eloise 0]

21 minutes ago, Paul & Mary said:

Marry wherever you want.You have two choices for consular processing after that - you can do Montreal or your home country.   I-485 won't work for you because if you enter the US to adjust it would be visa fraud.

oh thank you!

[belinda63 3,031]

Entering the US illegally for the purpose of obtaining a green card is fraud. Since you can't enter legally, you say you have no visa to enter the US, give that thought up. Do it the legal way. 

[carmel34 3,611]

13 hours ago, Jean Eloise said:

I don't have a valid visa to go US.

Pretty straightforward case then.  Boyfriend goes to Canada to get married to you, then he returns to the US and files an I-130 petition on your behalf, he should read the guides before doing so, and do more research on the process, it is long and expensive.  You wait in Canada for a visa interview (1 to 2 years).  He can visit you in Canada during the long process.  Good luck!

[millefleur 5,046]

**Moved from General Immigration-Related Discussion to IR-1 / CR-1 Spouse Visa Process & Procedures**