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  • American Citizen Married To Canadian

    Hi, Me and my husband have just married in Canada, it was not planned, it just happened...
    I'm now in the US again, and he is still in Canada, what can we do, and what is the fastest way to bring him to the US?

  • #2
    Hi, Me and my husband have just married in Canada, it was not planned, it just happened...
    I'm now in the US again, and he is still in Canada, what can we do, and what is the fastest way to bring him to the US?

    Comment


    • #3
      Nobody answers your question because it's been asked and answered a gazillion times before.

      In brief you have to file an alien relative petition form I-130 for your husband. This petition establishes his eligibility for permanent residence in the U.S. based on your marriage. After you receive the first Notice of Action (NOA1) for filed I-130 you'll have two choices:

      1) Let the I-130 go through the NVC and further to the embassy/consulate for and immigrant (CR1) visa. After entering the country on this visa he won't have to file for adjustment of status. He'll be a conditional permanent resident. 90 days prior to the second anniversary of his admittion you'd file form I-751 to remove conditional status of his green card.

      2) File form I-129F for a non-immigrant K3 visa. After being admitted on this visa he'll have to file for adjustment of status by filing form I-485 after I-130's approval. If he wants to work while the adjustment is pending he'd file another form I-765 (Employment Authorization). K3 is a 2 year multiple entry visa but after you receive NOA1 for I-485 the K3 visa is invalidated and his status changes to "pending adjustment interview". If he wants to travel outside the U.S. while the adjustment is pending he must file for Advanced Parole (form I-131). Usually all three forms are filed concurrently.

      Although the choice of processing you'd have to make before you file I-130. This form has a question (# 22) that asks if he is/will be in the U.S. and will adjust status or go through consular processing. These days I-130s are approved even faster then I-129Fs and many couples choose consular processing vs. adjustment of status on K3 visa.

      For more info read up on uscis.gov

      Cheers.

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