Can I get travel document while my sponsorship is in process?

T

Tima Noori

New Member
Hello,

I'm Canadian Citizen and got married one month before in Canada with a US citizen ( cultural ceremony ). We'll get our marriage certificate in a week from Ottawa, Canada and then will apply for I-130.
However, we have one big problem. My mom who lives in Canada is not
in good health. I was looking after her before I got married. Now she lives
with my sister but mom is happy with me more than anybody else. After marriage my husband wants me to live with him in US. But because of my mom's health, I must visit her every second month, and if God forbid any thing happen, I must be able to be go to canada.
Is there anyway I could go back and forth before they grant me Permanent residency. Also please tell me which country should I stay while he send my application to US immigration.


Regards

Fatima
 
Triple Citizen said:
Is that before you get your green card?
Click to expand...

Yes, we haven't submitted any documents yet. I spent one month with him in US but came back because of my mom.

According to our knowledge, if I am in US, we must wait for 90 days before he sends sponsorship papers. Earlier than that period of time is considered immigration fraud. In additions, I won't be able to leave US.

Will I be able to travel as visitor while my sponsorship is in process?

Isn't it gonna be considered fraud?

Please advice
 
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Since you enter the US with B-2 status, you are free to leave the US whenever you want to. However keep this in mind, if the admitting officer picks up your trend (re-entering too often with B-2 status) or finds out that you are living with your USC husband while awaiting your green card, you may be denied entry.
 
Triple Citizen said:
Since you enter the US with B-2 status, you are free to leave the US whenever you want to. However keep this in mind, if the admitting officer picks up your trend (re-entering too often with B-2 status) or finds out that you are living with your USC husband while awaiting your green card, you may be denied entry.
Click to expand...

Ok thanks for your advice, but is there anyway I get travel permission? A friend said lawyers can get you a document I could travel with.
 
The travel document you are referring to is Advance Parole (AP). In order to apply for it you must be in the US and apply for adjustment of status (I-485), and you must remain in the US until the AP is approved (unless you have a dual-intent status such as H1B or L1), otherwise both the AP and I-485 will be voided.

Advance Parole takes 2-3 months to be approved, so unless you are going to stay in the US for that amount of time to wait for it, it won't work for you.
 
It depends on whether you are going the consular processing route or you intend to apply for AOS from within the US.
 
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