Filing for Adjustment of Status from within the US

[Katlady203948 1]

My husband is a US citizen, I am a Canadian citizen, and we have been married for over 6 years. We both live and work in Canada, however, my husband has been offered a job in the US and I would prefer to move with him as soon as possible. The advice we have received from friends currently going through the spousal visa process (also an American citizen sponsoring their Canadian spouse in all cases) has been that I should lawfully enter the country to visit my husband after he starts his job and file I-130 and I-485 together at that time.  

I have been researching all the different forms and visas and am very confused, so I am asking here. This advice we have been given seems dangerous to me. Yes, I would be visiting my husband, and would have a return plane ticket booked within 180 days, however if the border guard were to ask me if I intend to apply for a Green Card, would my filing of these forms not make me inadmissible? Also, consider that I would have to quit my job prior to visiting my husband if I'm going to be staying for almost 6 months.

I would really love some advice, and please ask me questions if necessary as I feel I am not explaining this correctly - I have read about too many visas today.

[GEOntificator 281]

Entering the country on a visitor visa (temporary stay visa) with the intent to stay and adjust status is FRAUD. CR-1 is the way to go if you would like to reside in the US as a resident. It does take time and unfortunately there is no way around it.

 

[OldUser 6,771]

Do not commit immigration fraud. It could make you inadmissable forever.

You cannot come to the US with intent to adjust your status. That option is for those who are already in the US on legal non-immigrant status and their circumstances changed.

 

Your option is CR-1 route through consular processing.

As a Canadian citizen, you'll likely be able to visit your husband in the states throughout the process, as well as he would be able to visit you in Canada.

Edited January 26 by OldUser

[Katlady203948 1]

Thank you for your answers, that is what I thought, regarding the intent. I appreciate your help!

[Boiler 45,585]

DCF seems the way to go.

[Katlady203948 1]

I'm trying to look into DCF - it's so unclear whether that applies to our case or not - I swear the US Embassy website said it didn't the first time I looked, and now I can't find that page. Also, the only consulate that does immigrant visa processing in Canada is in Montreal, which is far for us to travel to file, but of course would be worth it for the processing time, IF our situation applies after all. This has been such a confusing process so far. 

[Lil bear 4,239]

2 minutes ago, Katlady203948 said:

I'm trying to look into DCF - it's so unclear whether that applies to our case or not - I swear the US Embassy website said it didn't the first time I looked, and now I can't find that page. Also, the only consulate that does immigrant visa processing in Canada is in Montreal, which is far for us to travel to file, but of course would be worth it for the processing time, IF our situation applies after all. This has been such a confusing process so far. 

Each consulate can choose to offer DCF… or not.. The USC needs to email them and outline your request… usually it’s because of an  urgent need to relocate because of a firm

job offer for the USC. But its not guaranteed that your request will be granted. You will end up interviewing in Montreal whether you go DCF or Consular  processing. 

[carmel34 3,638]

9 hours ago, Katlady203948 said:

I'm trying to look into DCF - it's so unclear whether that applies to our case or not - I swear the US Embassy website said it didn't the first time I looked, and now I can't find that page. Also, the only consulate that does immigrant visa processing in Canada is in Montreal, which is far for us to travel to file, but of course would be worth it for the processing time, IF our situation applies after all.

Your US citizen spouse should send an email inquiry to the US Consulate, Montreal, asking if they will consider a DCF for a spousal visa.  You don't have to travel to Montreal to do this step.  That would come later for a visa interview.  A written job offer in the US for the citizen with a short timeline to make the move (a few months), will be necessary to even be considered for DCF (takes 2-4 months typically).  If the answer is no, you will have to go the regular spousal visa route, US citizen files the I-130 petition online via the USCIS website, takes 1-2 years.  Also pay attention to the US citizen's domicile in the US and financial sponsorship with US-based income or a joint sponsor will be needed.

[Katlady203948 1]

3 hours ago, carmel34 said:

Your US citizen spouse should send an email inquiry to the US Consulate, Montreal, asking if they will consider a DCF for a spousal visa.  You don't have to travel to Montreal to do this step.  That would come later for a visa interview.  A written job offer in the US for the citizen with a short timeline to make the move (a few months), will be necessary to even be considered for DCF (takes 2-4 months typically).  If the answer is no, you will have to go the regular spousal visa route, US citizen files the I-130 petition online via the USCIS website, takes 1-2 years.  Also pay attention to the US citizen's domicile in the US and financial sponsorship with US-based income or a joint sponsor will be needed.

Do you know if it's common for them to reject this route? Or any reasons why they would reject it if we have filed everything correctly? The company offering him the job has repeatedly expressed to him how urgently they want him to start (under 3 months, preferably sooner) and once they send it in writing it will undoubtedly say a date within 2 months. 
 

[Lil bear 4,239]

3 minutes ago, Katlady203948 said:

Do you know if it's common for them to reject this route? Or any reasons why they would reject it if we have filed everything correctly? The company offering him the job has repeatedly expressed to him how urgently they want him to start (under 3 months, preferably sooner) and once they send it in writing it will undoubtedly say a date within 2 months. 
 

Put a new question about DCF experiences on the Canada sub forum 

 

Do a search on vj timelines using Canada and DCF as key words. Look at threads that come up there 

 

Search the Montreal

interview posts for any who used DCF 

 

PM vjers  who went through this directly 

[mam521 2,071]

If Montreal will actually do the DCF, I'd try that route.  Montreal is a traditionally SLOW consulate.  Your reasoning is sound - hubs job need him there and it sounds like a firm offer.  The worst that can happen is they say no. 

[telso 16]

A friend did DCF a year ago in Montreal. Have the USC email the Montreal consulate today with a subject line like "Direct Consular Filing -- Recent job offer in US". Explain the situation briefly, no need to attach any documents yet. They should respond within a few business days asking for him to submit scans of the first documents (I-130 (start filling out this weekend), job offer letter, US Passport, etc). Once it's accepted to do DCF, the USC can move (or wait, but not move before acceptance), but the Canadian must wait until approval. In my friend's case they got an appointment within a few weeks, with the USC and maybe the immigrant (I forget) needing to attend in Montreal (no way around this). They should then approve the I-130 after the meeting in Montreal, and then the process is like all I-130 cases, they will put the Canadian in line for a visa interview (again in Montreal, just the Canadian attends), usually in a few months. If you follow the steps carefully on VJ, and get your documents (e.g. birth certificate, any police certificates from other countries (but wait for the Canadian ones until asked), etc.) prepared beforehand (check the Canada forum), you could be moving in 3-6 months (they took 6 months, because of a third country police certificate, but it could have been 4).

 

This is the fastest, simplest way to move legally, you will get a green card on entry meaning you'll be eligible to work and travel abroad and get health insurance immediately, and you will get to the US faster than 99% of foreigners. Yes it'd still suck to be separated from your partner, but you've really lucked out in getting the fastest track. Take it, study up on the process on VJ, and you'll be there in no time. (And then three years later apply to become a USC so you can become a dual citizen and have the freedom to move back to Canada or elsewhere on short notice and never have to deal with US immigration again.) Bon voyage!

[Katlady203948 1]

4 hours ago, telso said:

A friend did DCF a year ago in Montreal. Have the USC email the Montreal consulate today with a subject line like "Direct Consular Filing -- Recent job offer in US". Explain the situation briefly, no need to attach any documents yet. They should respond within a few business days asking for him to submit scans of the first documents (I-130 (start filling out this weekend), job offer letter, US Passport, etc). Once it's accepted to do DCF, the USC can move (or wait, but not move before acceptance), but the Canadian must wait until approval. In my friend's case they got an appointment within a few weeks, with the USC and maybe the immigrant (I forget) needing to attend in Montreal (no way around this). They should then approve the I-130 after the meeting in Montreal, and then the process is like all I-130 cases, they will put the Canadian in line for a visa interview (again in Montreal, just the Canadian attends), usually in a few months. If you follow the steps carefully on VJ, and get your documents (e.g. birth certificate, any police certificates from other countries (but wait for the Canadian ones until asked), etc.) prepared beforehand (check the Canada forum), you could be moving in 3-6 months (they took 6 months, because of a third country police certificate, but it could have been 4).

 

This is the fastest, simplest way to move legally, you will get a green card on entry meaning you'll be eligible to work and travel abroad and get health insurance immediately, and you will get to the US faster than 99% of foreigners. Yes it'd still suck to be separated from your partner, but you've really lucked out in getting the fastest track. Take it, study up on the process on VJ, and you'll be there in no time. (And then three years later apply to become a USC so you can become a dual citizen and have the freedom to move back to Canada or elsewhere on short notice and never have to deal with US immigration again.) Bon voyage!

This is so detailed, I can't thank you enough! My husband and I are both researching in all our spare moments, but this gives such a clear path of what to look into/start doing. Really appreciate everyone's comments on this thread - you're all so helpful and we are grateful 🙏