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?
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.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
