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  • Married to a US citizen

    I got married to my husband in June 2006. I'm a canadian and he's a US citizen. Well before i can file for I130 I had to be back in Canada. So we finally file our I130 in November 2006. And my question is "How long is the wait usually for I130 and is there another way for me to go back to Cali while my form is in process?"

  • #2
    I got married to my husband in June 2006. I'm a canadian and he's a US citizen. Well before i can file for I130 I had to be back in Canada. So we finally file our I130 in November 2006. And my question is "How long is the wait usually for I130 and is there another way for me to go back to Cali while my form is in process?"

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    • #3
      You should have filed I-130 and I-485 simultaneously, as you are the spouse of a U.S. citizen. If you haven't yet filed I-485, you should do so.

      Until you are issued an immigrant visa by the U.S. Consulate, you are, to all intents and purposes, unable to return to America. This is because, as the spouse of a U.S. citizen, you have evident immigrant intent, and will not be admitted in non-immigrant status.

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      • #4
        We have to file the I485 too even though we are married??

        Comment


        • #5
          LOL,

          Being married doesn't do much in the process as of yet. Here is the link to the whole process.
          Your I130 was just filed and not yet approved, and I am not sure if you can file the I485 right now, as you are NOT in USA, therefore you might have to wait in Canada.

          http://www.path2usa.com/immigration/...ed/process.htm
          It's just my opinion. NOT a leagl advice.

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          • #6
            Thanks, do you know how long that usually take?

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            • #7
              Many spouse of USC's visit the US, all depends on their circumstances.

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              • #8
                hi ..read most of these posts .dont understand much about the immigration process .but when you do find that someone that you are meant to be with .why do they make it soo difficult for you to be together..shouldnt be this way .but the rules are the rules i guess .i came here from canada with my 10 year old son during the christmas holidays . i am getting married soon.. i hope and prsy things go ok ..we were seperated once before in canada when he filed for an extension of stay ..but got denied .i have family here also ..an aunt from canada .a uncle who is american and two 1st cousins

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                • #9
                  Yeah i know what you mean. When we finally file for my I130 I have left california already. The INS told us, before my husband can file for me, i have to be back in canada and so i did fly back. Then i found out that as long as you entered the country legally, you can file for AOS.

                  You cannot leave the country until you get your green card. If you leave, you will be denied entry. You should apply for AOS, EAD, and your spouse has to file the Petition for Alien relative and Affidavit of support.

                  You need to file:

                  I 485 Adjustment of status
                  I 130 Petition for Alien Relative
                  G 325 A for you and your spouse
                  I 865 - affidavit of support
                  I 765 Employment authorization
                  I 693 Medical from recognized USCIS civil Surgeon

                  Dont bother applying for advance parole. It will be a waste of money because of your overstay. USCIS will approve it , but customs will deny you entry when you try to use it and you could be subject to the minimum 3 year bar. Whatever you do, don't leave the country!

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