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Posted

Hi there. I've tried searching and just can't find the answer. I had thought that it was perfectly fine for a Canadian fiancee to visit the US (with proof of ties to home and such), marry the USC, and for the USC to file the I-130 and 1-129f before the Canadian returned home as long as the Canadian partner did not stay longer in the US than they were supposed to. But now someone else on the other forum is saying that the Canadian MUST leave the US before the I-130 can even be filed. Can anyone shed light on this? Thanks!

My Crafting Blog - On a Roll - Blogspot

3179788211_95b93e62af_t.jpg3179788215_6a1e497e9b_t.jpg3165849344_f296789fd3_t.jpg

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US Immigration Timeline

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24 Feb 2007 - Sent I-130 to London USCIS office (I'm the petitioner)

25 May 2007 - NOA2

2 June 2007 - Received Packet 3

12 Oct 2007 - Sent Packet 3 back by special delivery

5 Nov 2007 - Interview in London - Approved without any hitches!

7 Nov 2007 - Visa and MBE arrived by SMS! :)

30 Jan 2008 - Fly to Michigan!! :)

*Note: Any delays in our case are only due to us taking things slowly

Filed: IR-1/CR-1 Visa Country: Canada
Timeline
Posted (edited)

I filed both my I-130 and my I-129F from the US while visiting, and returned when I was supposed to and haven't had a problem yet. I don't think they are too concerned over where you are when you send the forms in, as long as you return to Canada when you said you would.

Edited by Misty1979

Sept.09/06 Married!!!

Dec.21/06 Sent I-130

Jan.04/04 Received NOA1

Feb.23/06 Sent I-129F

March06/06 USCIS Website States: "Approval Notice Sent."

March15/07 Approval notice arrives in snail mail

March 18/07 NOA1 for I-129F

April 10/07 DS-3032+ AOS fee arrive

April 17/07 Sent back DS-3032 + AOS fee via overnight delivery

May 05/07 AOS arrives in mail

May 07/07 IV bill arrives in mail

May 08/08 Sent back IV bill

May 21 NVC generates DS-230

June 4/07 Mailed DS-230 via overnight delivery.

June 7/07 DS-230 entered into the system

June 18/07 Case Complete!

July 25/07 Medical

September 4/07 Contacted State Senator Re: MTL backlog

Dec.6/07 INTERVIEW..... APPROVED!!!! (After being kept awake all night in dirty clothes standing outside my hotel because Air Canada lost my luggage and my hotel started on fire. Meh, sleep is highly over-rated anyways.)

Dec.18/07 Moved to the US

Oct. 29/09 Citizenship Oath Ceremony

"We come to love not by finding the perfect person, but by learning to see an imperfect person perfectly"

Filed: Other Timeline
Posted

yeap, I was in the US for a 5 month visit when we sent in our petitions, and didn't have any problem whatsoever with any interview.

Canadians are permitted to visit the US for up to 6 months per visit/per calendar year (whichever comes first). As long as they don't overstay, and as long as they don't work illegally while here, there's no problem with filing the petitions while they're here.

divorced - April 2010 moved back to Ontario May 2010 and surrendered green card

PLEASE DO NOT PRIVATE MESSAGE ME OR EMAIL ME. I HAVE NO IDEA ABOUT CURRENT US IMMIGRATION PROCEDURES!!!!!

Posted

Thanks for your replies. That's really helpful. :)

My Crafting Blog - On a Roll - Blogspot

3179788211_95b93e62af_t.jpg3179788215_6a1e497e9b_t.jpg3165849344_f296789fd3_t.jpg

_______________________________________________________

US Immigration Timeline

-------------------------

24 Feb 2007 - Sent I-130 to London USCIS office (I'm the petitioner)

25 May 2007 - NOA2

2 June 2007 - Received Packet 3

12 Oct 2007 - Sent Packet 3 back by special delivery

5 Nov 2007 - Interview in London - Approved without any hitches!

7 Nov 2007 - Visa and MBE arrived by SMS! :)

30 Jan 2008 - Fly to Michigan!! :)

*Note: Any delays in our case are only due to us taking things slowly

 
Didn't find the answer you were looking for? Ask our VJ Immigration Lawyers.

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