Q: What is the best way to travel when I want my spouse to visit the U.S. and then have us file to adjust her status to PR?
I am a U.S. born citizen and my spouse is a Canadian born citizen.
We plan to fly into the U.S. together, securing my spouse her i-94 form that shows she entered legally.
We have made several trips in the past, visiting each other’s countries without any problems on round-trip direct-flight tickets.
After she arrives in the U.S. we plan to file all the necessary forms to begin the process to change her status from visitor to that of a lawful PR (permanent resident) so we can stay together during the entire process.
We are unsure if this is the best approach. We want to avoid my spouse getting turned away at the border.
A: She has to have the intent to visit at the time of entry. If her intent changes later after her admission, then the USCIS will accept an application to adjust her status to Lawful Permanent Resident. She can also apply for work and travel permits while her adjustment application is pending.
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