i130 pending and want to legally stay in USA with my wife

[Marieke H 2,496]

3 minutes ago, Sean3030 said:

Thank you for valuable information. I will definitely look into CR1 visa. 

I don't think you are getting what @Crazy Cat is telling you. 

 

You are currently in the CR-1 process. Your options are:

 

1. Continue with the CR-1 process. You can be in the US to visit, but you can't stay permanently yet. You will interview in Canada.

2. File for Adjustment of Status. This is a new petition, with new fees. You will be able to stay in the US, but you can't work or travel until you have your EAD/AP, which can take 8 months. This option definitely is not what I would recommend.

[Lil bear 4,181]

Yes. Application for an immigrant visa while resident  in home country.. versus Adjustment of status if in the US ( must have entered  legally ) 

Edited December 20, 2022 by Lil bear

[A&J22 30]

Since you already filed for i-130, you can file for i-485, i-765, i-131. and i-864, make sure to attach your i-130 receipt notice with your package, be prepared to stay in the US until at least you get your advance parole, your employment card might take few months, so you wont be able to work until you get your employment card. 

[carmel34 3,620]

3 hours ago, Sean3030 said:

So my i130 is already pending and been 9 months  since I applied for outside of the USA.

Your spouse should get a response to the I-130 petition very soon if you've been waiting 9 months already.  The advantage of returning to Canada (Montreal) for the spousal visa interview is that you will be able to enter the US as a lawful permanent resident (LPR), and will be immediately able to work in the US or travel back to Canada as needed for short visits.  If you choose to stay in the US on your current visit and file an adjustment of status package, you won't be able to leave or work for a very long time.  It's your choice at this point, but consider very carefully all the pros and cons before making a decision.  Good luck!

[Sean3030 0]

Thank you so much guys. You all are very resourceful. 
 

@carmel34  do you know once my wife get approval for i130. What would be next step? Do I have file any paperwork in Canada? What would it be?

 

We always thought our interview will be in the USA but since my country of resident is Canada, I guess it would be Canada then. 

[Crazy Cat 41,810]

1 minute ago, Sean3030 said:

Thank you so much guys. You all are very resourceful. 
 

@carmel34  do you know once my wife get approval for i130. What would be next step? Do I have file any paperwork in Canada? What would it be?

 

We always thought our interview will be in the USA but since my country of resident is Canada, I guess it would be Canada then. 

You might want to read the guide section here on Visa Journey.  It will answer a lot of your questions.  

[iwannaplay54 985]

6 hours ago, Sean3030 said:

Thank you. 
 

So my i130 is already pending and been 9 months  since I applied for outside of the USA.

 

looks like I should apply for K3 visa. Right?

No

They are advising you to file I-485 adjustment of status.

You will not be able to work in or leave the US for several months if you do.

[pushbrk 12,870]

There is nothing at all that a foreigner can do on their own.  The US Citizen spouse initiated the spouse visa process.  You as a couple do have the option now to adjust status instead but nine months in, I wouldn't consider it at this time.  Instead of asking questions without doing homework, it would be better for both you and your spouse to study the guides and learn the processes.  Maybe your spouse already did, when she chose to start the visa process.  Get your spouse involved and do some homework.  When you do, I expect you'll decide to ride the process out for the visa.

 

As for visiting again, if you stay six months, you would be well advised not to try to return unless you are gone for at least as long as you visited.  You visitor privilege is based on being in the USA less time than you are out, over time.

[SalishSea 17,801]

7 hours ago, Sean3030 said:

Thank you so much guys. You all are very resourceful. 
 

@carmel34  do you know once my wife get approval for i130. What would be next step? Do I have file any paperwork in Canada? What would it be?

 

We always thought our interview will be in the USA but since my country of resident is Canada, I guess it would be Canada then. 

There are no US consulates in the US.  You've been petitioned for a visa, therefore the interview happens at the US consulate in your country.  The visa is what you enter the US with.

 

It seems you both should do quite a bit of reading and research, as 9 months in, you still don't have a basic understanding of the process.  Not understanding it can cost you money and time.

[R&OC 371]

This may also be a very unfavourable opinion to express when all is lovey-dovey but I would always prefer having a CR1 status over adjustment of status. Staying at home and depending on your spouse for EVERYTHING gets old, does a thing to many marriages and relationships while your status in pending. I know a few military spouses who went along with the adjustment of status process and  almost all of them suffered in some form or fashion. Some had family issues in their home country, a death of a loved one and funeral to which they could not travel because their status was pending.

 

I would always ask myself the question how I would feel if, for some unknown reason, your spouse decides to abort the mission, file for divorce before your LPR status is recognised. 

 

Think ahead.

Edited December 21, 2022 by R&OC

[milimelo 4,475]

2 hours ago, R&OC said:

This may also be a very unfavourable opinion to express when all is lovey-dovey but I would always prefer having a CR1 status over adjustment of status. Staying at home and depending on your spouse for EVERYTHING gets old, does a thing to many marriages and relationships while your status in pending. I know a few military spouses who went along with the adjustment of status process and  almost all of them suffered in some form or fashion. Some had family issues in their home country, a death of a loved one and funeral to which they could not travel because their status was pending.

 

I would always ask myself the question how I would feel if, for some unknown reason, your spouse decides to abort the mission, file for divorce before your LPR status is recognised. 

 

Think ahead.

This. I had SSN from when I studied in the US and adjusting (K1 or AOS) never crossed our minds. Straight to CR-1 - back then DCF was available everywhere. I never had to worry about if I'd be able to leave should something come up on short notice - that stamp in the passport until GC came in was all I needed and work authorized from POE. 

[JamesYJessica 5]

I originally talked to an immigration lawyer at Boundless who said that an I-485 AOS application would run separately from, and not invalidate, an I-130 application? Basically "two coals in the fire" or "two horses running the race". I'm not 100% sure if that's accurate, based on what people are saying in this post. 

 

So, if the I-130 is approved while OP (original poster) is still in the US within his 6 months, what should his course of action be?
1) Submit I-485 since he's in the country, and accept not being able to work for 8+ months?

2) Proceed with the DS-260, and wait 8+ months for the NVC to approve and for an interview in Canada?
 

 

 

[pushbrk 12,870]

3 hours ago, JamesYJessica said:

I originally talked to an immigration lawyer at Boundless who said that an I-485 AOS application would run separately from, and not invalidate, an I-130 application? Basically "two coals in the fire" or "two horses running the race". I'm not 100% sure if that's accurate, based on what people are saying in this post. 

 

So, if the I-130 is approved while OP (original poster) is still in the US within his 6 months, what should his course of action be?
1) Submit I-485 since he's in the country, and accept not being able to work for 8+ months?

2) Proceed with the DS-260, and wait 8+ months for the NVC to approve and for an interview in Canada?
 

He does not have to wait for I-130 approval to file to adjust status.  Since he's in the USA now, he can do it any time.  

 

We can't tell him what he "should do".  The decision would be made based on the couple's circumstances and priorities.  What we are here for is to explain the options fully, completely, and properly.  Of course we can make recommendations based on our understanding and what our priorities would have been but there's no way to understand THEIRS fully.