Grounds to adjust status

[HRQX 4,145]

5 hours ago, Jess&Rob said:

Or just I-130, I-131, I-486, and I-765?

I-130A, I-485, I-765, and I-131 are signed by you. *I mentioned I-944 in my detailed post earlier but I'll provide an update below in this post. I-130 and I-864 are signed by the US citizen:

 

*Update on I-944:

A federal judge recently issued a nationwide injunction that temporarily blocks the enforcement of the I-944 requirement:

I still haven't seen anything regarding this injunction on uscis.gov: https://www.uscis.gov/green-card/green-card-processes-and-procedures/public-charge

[Jess&Rob 9]

1 hour ago, Lucky Cat said:

What, exactly, are you trying to expedite?  How would an expedite benefit you?   I'm not being critical.  I am genuinely curious as to the reasoning behind expediting.

Because I care for my husband since he has a debilitating disease however I don’t want to adjust status incase I need to go back to Canada for a week or two 

[igoyougoduke 1,656]

11 minutes ago, Jess&Rob said:

Because I care for my husband since he has a debilitating disease however I don’t want to adjust status incase I need to go back to Canada for a week or two 

Yes that is something you need to consider if you need to leave to canada. Once you file the petition you are stuck for a while in the US until ADVANCE PAROLE is approved. Your situation based on medical grounds and elderly parents in Canada definitely qualifies for expedited processing.  Expedited processing can get you an advance parole much much faster than regular process. 

 

Good luck !

[geowrian 22,337]

15 minutes ago, Jess&Rob said:

Because I care for my husband since he has a debilitating disease however I don’t want to adjust status incase I need to go back to Canada for a week or two 

I think the question is "how would expediting the I-485 impact that?". Whether it took 2 months or 2 years to complete AOS wouldn't change anything there.

 

I could see a case (not necessarily success) for expediting the I-131 (advance parole) on the basis of needing to return Canada to care for your parents.

Edited July 30, 2020 by geowrian

[Jess&Rob 9]

7 minutes ago, James120383 said:

Yes that is something you need to consider if you need to leave to canada. Once you file the petition you are stuck for a while in the US until ADVANCE PAROLE is approved. Your situation based on medical grounds and elderly parents in Canada definitely qualifies for expedited processing.  Expedited processing can get you an advance parole much much faster than regular process. 

 

Good luck !

Thank you.  I cannot apply for adjustment of status after the petition is filed online? 

[Jess&Rob 9]

9 minutes ago, geowrian said:

I think the question is "how would expediting the I-485 impact that?". Whether it took 2 months or 2 years to complete AOS wouldn't change anything there.

 

I could see a case (not necessarily success) for expediting the I-131 (advance parole) on the basis of needing to return Canada to care for your parents.

If I want to be able to return to Canada  throughout the processing time Of I-130, I don’t want to adjust status and be stuck here. So we are thinking of filing the I-130 and then asking for expedited processing.  Does that make sense?  

Edited July 30, 2020 by Jess&Rob

[Just Paul 4,595]

3 minutes ago, Jess&Rob said:

Thank you.  I cannot apply for adjustment of status after the petition is filed online? 

You can file once you have the I-130 NOA.

[Jess&Rob 9]

Just now, Paul & Mary said:

You can file once you have the I-130 NOA.

Thank you!

[igoyougoduke 1,656]

20 minutes ago, Jess&Rob said:

Thank you.  I cannot apply for adjustment of status after the petition is filed online? 

Yes you can apply for CR1 which is basically applying for green card as an american citizen spouse . in the mean time you can visit and go back to canada.  only contigent is CBP will need proof at the border that you will return back to canada after the short visit. in this case you can visit US and go back to canada until green card is approved. 

[geowrian 22,337]

56 minutes ago, Jess&Rob said:

If I want to be able to return to Canada  throughout the processing time Of I-130, I don’t want to adjust status and be stuck here. So we are thinking of filing the I-130 and then asking for expedited processing.  Does that make sense?  

Yes, the petitioner can file only the I-130, then you can request a expedite on that once you have the NOA1.

When you get to the NVC stage, you would need to ask for another expedite.

Just expect it to take on a scale of months (instead of year or longer for non-expedited processing).

[HRQX 4,145]

1 hour ago, Jess&Rob said:

I don’t want to adjust status and be stuck here.

Which of the following 2 sections was filled out in the online I-130?

• "The beneficiary is in the United States and will apply for adjustment of status to that of a lawful permanent resident at the U.S. Citizenship and Immigration Services (USCIS) office in"
• "The beneficiary will not apply for adjustment of status in the United States, but he or she will apply for an immigrant visa abroad at the U.S. Embassy or U.S. Consulate in"

[NikLR 13,227]

Okay I don't think you've read EITHER guide yet at this point.  You don't seem to have the forms down.

Here are the two guides you can consider: 

This guide is for the normal IR1/CR1 processing where you can visit your spouse in the USA, but then need to finish the process and have your interview in Montreal. There is a chance you may not be granted access when you try to visit.  Also try to remember that CURRENTLY (July 2020) you need to self isolate when you return to Canada for 2 weeks BEFORE visiting anyone!

 

This guide will help you adjust your status within the USA.  You can expedite the advance parole  (I-131) if one of your parents is having an issue but again, Canada border rules state you must self isolate for 2 weeks BEFORE visiting anyone.  When they will change that rule, no one knows.  Likely after this pandemic has run it's course. There is zero cause to expedite the I-130 or I-485.  Also if you choose to adjust your status, send them by mail.  That way you don't have to wait for NOA1 from the I-130 and you don't have to wait for them to hopefully match everything up.  Just send everything together and save yourself time!

 

[Boiler 45,524]

Could you confirm you have read the Guides?

[pushbrk 12,893]

19 hours ago, James120383 said:

than you will have difficulty getting back in. its a must to have that card in hand before you leave outside united states after starting the process.

Not just difficulty.  You will not get back in.  Don't leave.  Your exit date is irrelevant once you file to adjust status.  Start with the guides.  If you won't do that, you have no business trying to do this yourself.

[Quarknase 1,072]

5 hours ago, Jess&Rob said:

If I want to be able to return to Canada  throughout the processing time Of I-130, I don’t want to adjust status and be stuck here. So we are thinking of filing the I-130 and then asking for expedited processing.  Does that make sense?  

Entirely different process, which includes interviewing at an Embassy with many, many months backlog. Please read the guides (CR1/IR1 visa vs. adjustment of status from within the US). On what basis do you request the I-130 expedite? USCIS doesn't expedite so the beneficiary can return to their home country faster. An I-130 expedite to care for a sick petitioner would typically be done by someone applying for a visa to ENTER the US, not by someone who's currently in the US taking care of the petitioner but doesn't want to get stuck here.

Start with the guides, decide which is the best way for you, your husband, and your parents, and take it from there