After I-130 approved?

[appleblossom 2,594]

36 minutes ago, MrTechnicalGlitch said:

Hi, this is Mr. TechnicalGlitch.  I'm the US citizen sponsoring my spouse, TechnicalGlitch (TG).  Looks like we'll be filing the 485 with an I-131 Advance Parole and an Employment Authorization (forgot the form no.)  Thanks for the good advice on this forum.  We plan to ask for an expedited Advance Parole, as TG could lose her Canadian health coverage (OHIP) if she doesn't spend some significant time in Canada (Ontario) soon.  That would be a significant hardship, to say the least.  Anyone have experience filing for an Expedited Directive?

 

Also, there is a spot on the form to list the countries the applicant plans to visit.  Besides Canada, we're considering listing the UK and France, as we want to vacation there at some point.  That of course is not an emergency so I'm wondering if that could complicate our "expedited" request?  On the other hand, filing a separate parole for Europe would now cost another $630 and basically makes the trip not worth it.

 

If your wife wants to remain eligible for OHIP throughout the process, then consular processing would be the way to go so you might want to revisit the decision above. 

[apond 42]

I concur in reference to the provincial health. My spouse is also Canadian and she lost her provincial health coverage. Her AP even expedite requested took 9 months from filing to receiving. 

[OldUser 6,760]

3 hours ago, MrTechnicalGlitch said:

 Looks like we'll be filing the 485 with an I-131 Advance Parole and an Employment Authorization (forgot the form no.)  Thanks for the good advice on this forum.  We plan to ask for an expedited Advance Parole, as TG could lose her Canadian health coverage (OHIP) if she doesn't spend some significant time in Canada (Ontario) soon.  That would be a significant hardship, to say the least.  Anyone have experience filing for an Expedited Directive?

 

 

How is this consistent with desire to settle in the US and become a US lawful permanent resident?

[pushbrk 12,913]

1 hour ago, OldUser said:

How is this consistent with desire to settle in the US and become a US lawful permanent resident?

It's not.  With this as a concern, an immigrant visa should have been pursued.  I'll just offer to any reader that this is why I so often criticize those who tell strangers they can "do it yourself". Trying to do it themselves without doing the homework, is why we are having this discussion.

[MrTechnicalGlitch 0]

I'm wondering, if TG does the Consular option, can she still travel to the US as a Canadian visitor while waiting for visa approval?  Ordinarily up to 6 months in a one year period is allowed.

[Dashinka 24,532]

2 hours ago, MrTechnicalGlitch said:

I'm wondering, if TG does the Consular option, can she still travel to the US as a Canadian visitor while waiting for visa approval?  Ordinarily up to 6 months in a one year period is allowed.

Yes, travel during consular processing of an IV is possible with a B2, or ESTA, or with a Canadian passport, but each entry is at the discretion of CBP.  If a person heading toward an IV shows a history of trying to live in the U.S., i.e. coming for the maximum stay, leaving for a few days/weeks, and then attempting to re-enter for another maximum stay visit, CBP will eventually catch on, and may not allow entry.  For people in that position, it is generally recommended to make the visits shorter and make sure the time outside the U.S. is about double the time inside.

Edited Thursday at 09:10 AM by Dashinka