American Male marrying a Canadian Female... but she had no visa, questions to proceed.

M

marcusandkayla

Registered Users (C)
I have been on this message board for a while looking at the stories of people, and I have pieced together what we are going through on different people's post and subsequent replies. That being said, I have a couple of questions.

A little background...She came across from Canada after Christmas, and she has been here ever since then. We were married in GA, March 25, 2011. The forms we have filled out so far are:

(1) I-130, Petition for Alien Relative
(1) I-485, Application to Register Permanent Residence or Adjust Status
(1) I-765, Application for Employment Authorization
(1) I-131, Application for Travel Document
(1) I-864, Affidavit of Support Under Section 213A of the Act
(1) I-134, Affidavit of Support
(1) I-693, Report of Medical Examination and Vaccination Record
(3) G-325A, Biographic Information (Two for her, One for Me)

There is a copy of birth certicates for her and I, a copy of our marriage certicate, copy of my tax return from last year, a pay offer sheet from my new job, and about 6 passport photos.

This is all being sent to the lockbox in Chicago, before the end of next week.

First, did I remember everything.
Secondly, if she MUST leave to go back home (family member is very sick) what happens, do we have to re-file and pay again?
Thirdly, I am concerned about the fact that she didn't have a visa when she came over last time. We drove across for Canada and took a plane from Syracuse, they asked her dad most of the questions, but never asked her anything.
Fouth, upon receiving which document, when she able to freely travel back and forth from Canada to the US?
Lastly, we plan of having a wedding in Canada in August, are we asking too much if we mail the paperwork out next week?

I know it is a lot to read, but I tried not to leave out any details, because from what I have read it is all in the details when it come to immigration.
 
marcusandkayla said:
I have been on this message board for a while looking at the stories of people, and I have pieced together what we are going through on different people's post and subsequent replies. That being said, I have a couple of questions.

A little background...She came across from Canada after Christmas, and she has been here ever since then. We were married in GA, March 25, 2011. The forms we have filled out so far are:

(1) I-130, Petition for Alien Relative
(1) I-485, Application to Register Permanent Residence or Adjust Status
(1) I-765, Application for Employment Authorization
(1) I-131, Application for Travel Document
(1) I-864, Affidavit of Support Under Section 213A of the Act
(1) I-134, Affidavit of Support
(1) I-693, Report of Medical Examination and Vaccination Record
(3) G-325A, Biographic Information (Two for her, One for Me)

There is a copy of birth certicates for her and I, a copy of our marriage certicate, copy of my tax return from last year, a pay offer sheet from my new job, and about 6 passport photos.

This is all being sent to the lockbox in Chicago, before the end of next week.

First, did I remember everything.
Secondly, if she MUST leave to go back home (family member is very sick) what happens, do we have to re-file and pay again?
Thirdly, I am concerned about the fact that she didn't have a visa when she came over last time. We drove across for Canada and took a plane from Syracuse, they asked her dad most of the questions, but never asked her anything.
Fouth, upon receiving which document, when she able to freely travel back and forth from Canada to the US?
Lastly, we plan of having a wedding in Canada in August, are we asking too much if we mail the paperwork out next week?

I know it is a lot to read, but I tried not to leave out any details, because from what I have read it is all in the details when it come to immigration.
Click to expand...

1. I think you have covered almost all of it. You might also need to send your's and her passport copy. I am not sure that if marrying in visa waiver is acceptable with USCIS. Some experienced folks here might be able to answer that.

2. Yes if she leaves before receiving her Advance Parole card, it will be considered as abandonment of the application.

3. Not sure

4. She can travel after receiving her AP card, but that does not guarantee her re-entry.

5. August is plenty time to get the process complete. usually takes 4-6 months. Can you provide your location so that we know which ASC and DO it will be?
 
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USCIS Application Support Center 1255 Collier Road, Suite 100 Atlanta, GA 30318
Atlanta Field Office.
This office is located at: 2150 Parklake Drive Atlanta, Georgia 30345

In the travel document should she file for:

a. I am a permenant resident or conditional resident of the United States, and I am applying for a reentry permit.

or

d. I am a applying for an advance parole document to allow me to return to the United States after temporary foreign travel.


I assumed since we are sending all the forms together that it would be a and not d.
 
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marcusandkayla said:
USCIS Application Support Center 1255 Collier Road, Suite 100 Atlanta, GA 30318
Atlanta Field Office.
This office is located at: 2150 Parklake Drive Atlanta, Georgia 30345

In the travel document should she file for:

a. I am a permenant resident or conditional resident of the United States, and I am applying for a reentry permit.

or

d. I am a applying for an advance parole document to allow me to return to the United States after temporary foreign travel.


I assumed since we are sending all the forms together that it would be a and not d.
Click to expand...

It should be d. I am a applying for an advance parole document to allow me to return to the United States after temporary foreign travel. since she is not a permanent resident yet. Option a is for people who are permanent residents and intend to stay outside the USA for a longer period of time (I think more than 1 year and less than 2).

From what it looks like, your DO will be Atlanta. There is a thread already with folks from Atlanta DO tracking their case progress. That should give you an indication about the average processing time in Atlanta.

Here is is: http://forums.immigration.com/showthread.php?321512-AtlantaGAI485Timeline
 
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marcusandkayla said:
Thirdly, I am concerned about the fact that she didn't have a visa when she came over last time.
Click to expand...
Did she have a Canadian passport? Canadians are not expected to have a visa to enter the US as a visitor.

Secondly, if she MUST leave to go back home (family member is very sick) what happens, do we have to re-file and pay again?
Click to expand...
If she leaves before her Advance Parole is approved, the I-485 will be cancelled but you can then file I-824 to transfer the case to a US consulate in Canada, so the I-130 stays alive although the I-485 will be dead.
 
marcusandkayla said:
Jackolantern - She has a passport, also will the fees be refunded or forfeited?
Click to expand...

Fees will be forfeited if she leaves without Advance Parole.

She should send a copy of her identifying passport pages with the I-485 -- pages with her name and picture and expiration date, and the page that was stamped at her last entry to the US (if it was stamped).
 
Ok she is very concerned about possibly needing to leave before the forms would be approved. Could we submit the i-130 while she is still here and then submit the i-485 if she has to go to Canada? what is the legality in this?
 
marcusandkayla said:
Ok she is very concerned about possibly needing to leave before the forms would be approved. Could we submit the i-130 while she is still here and then submit the i-485 if she has to go to Canada? what is the legality in this?
Click to expand...

She can't submit the I-485 if not physically present in the US.
 
marcusandkayla said:
Ok she is very concerned about possibly needing to leave before the forms would be approved. Could we submit the i-130 while she is still here and then submit the i-485 if she has to go to Canada? what is the legality in this?
Click to expand...

She must be inside the US when the I-485 is filed. And remain inside the US until Advance Parole is approved, or the green card itself.

If she must leave the US before Advance Parole is approved, all is not lost; the I-485 will be cancelled but the I-130 remains alive, and once it's approved you can file I-824 to transfer the case to a consulate in Canada. But the result is that she'll probably be stuck outside the US until she is interviewed and approved at the consulate, because they're unlikely to let her back into the US as a visitor if the officer at the border realizes she recently filed an I-485.

However, there is the possibility of getting expedited Advance Parole if it isn't approved by the time she needs to leave. See http://www.ehow.com/how_5103213_expedited-travel-document.html
 
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