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Do we need to file an I-485

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  • Do we need to file an I-485

    I am so confused by all this Immgration process. I got married in the US to an American. I am Canadian. We filed our I 130. I came to Canada for a visit and was denied re-entry. Yes, I know now that was a huge mistake. My husband just filed a form I 824 I think, so my application will be sent to the US Consulate in Canada. He went to talk to an Immigtation Attorney recently and he said nothing about I 485. He said my file will be sent to the Visa Processing centre and when a number is available for me I will go for my Interview. Can anyone confirm this? I see alot posted about I 485 and I don't know if we need to file it or not.

  • #2
    I am so confused by all this Immgration process. I got married in the US to an American. I am Canadian. We filed our I 130. I came to Canada for a visit and was denied re-entry. Yes, I know now that was a huge mistake. My husband just filed a form I 824 I think, so my application will be sent to the US Consulate in Canada. He went to talk to an Immigtation Attorney recently and he said nothing about I 485. He said my file will be sent to the Visa Processing centre and when a number is available for me I will go for my Interview. Can anyone confirm this? I see alot posted about I 485 and I don't know if we need to file it or not.

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    • #3
      The I-485 is for adjustment of status. If you now will be entering on a CR-1 once the visa is granted, you will not need to adjust status as you will be granted immigrant status on entry. You won't need to do anything until 90 days prior to the 2 year anniversary of entry to the US, when you will apply to lift conditions. If you are married 2 years on entry you will granted immigrant status with no conditions and be issued with a 10 year green card. If your husband had filed an I-129F as well, the I-485 would come into play on entry to the US on the K-3 whereby you would apply to adjust status.
      Note: there is no waiting for a visa number to become available because as a the spouse of USC it is current. Hope that helps.

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      • #4
        I still don't really understand. When will I be allowed back into the US? Will I have to do all my biometrics and everything here in Canada first?

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        • #5
          If you were denied entry, I wouldn't risk it again. So yes you will be doing it all now in Canada, including a visa interview. Once granted you will enter the US on the immigrant visa. I have a friend who was denied re-entry and wound up having to file a waiver which in the end was denied. Different circumstances but if you try again you could very well find yourself in the same position.

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          • #6
            Ok, so I just wait to hear from them and we don't have to file an I 485? You have been awesome, thanks!

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