Minneapolis, MN asked in Immigration Law for Minnesota

Q: If my Canadian spouse visits the US and then we file form i130 whilst she is here, can she stay until she has PR?

I am a US born citizen looking to immigrate my Canadian born spouse to the US.

The USCIS website says we can file an i-130 form, Petition for Alien Relative and begin the immigration while she is in the US.

The only stipulation is that she has to enter the US legally. Entering legally appears to use an i-94 form.

We want to stay together until the immigration process is complete / she acquires PR (permanent residency).

We figure we can stay together if she visits the US and then we begin the immigration process by filing form i-130.

She can show she entered legally with an i-94 form?

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1 Lawyer Answer
Myron Morales
Myron Morales
Answered
  • Immigration Law Lawyer
  • Houston, TX

A: Canadians are visa free and are not always issued an I-94. If an I-94 is issued, then you can use that to adjust her status from visitor to lawful permanent residence. If an I-94 is not issued, then she can use an Affidavit to prove her lawful inspection and admission. You will need to file the entire adjustment package, not just the I-130, so she can get a work permit and travel permit while she is waiting for the interview.

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