I-130 approved - YES! (but questions remain)

A

ahasnain

Registered Users (C)
Hi,

I am a Canadian citizen currently living in Canada. Married - 2 children. My mother, a USC, had filed I130 for me, which has just been approved. Some questions:

1. When an immigrant visa does become available for me, am I better off being in the US or in Canada? Does it matter?

2. In either case, if I want to be in the US, please confirm that it's better to be on H1B compared to TN, because approved I130 shows immigrant intent which nulls the TN, but which has no impact on H1B visa.

3. Am I better off just waiting until I get US citizenship before applying for an immigrant visa for my wife? Or should I get the process going as soon as I get my PR status?

4. In each scenario approximately how long am I looking at before my wife gets status in US (and is therefore able to reside with me in US).

thank you,

Ali Hasnain
email: ahasnain@shaw.ca
 
1. Depends on what you want to do and where you want to be. If you are in the US when a visa number is available, and you have remained in legal status, you can file the I-485 and remain in the US to pursue the process to completion. Otherwise, you would follow up with the consulate and wait to be interviewed in Canada. If you have a job in the US, it would likely be preferable to stay in the US and file for AOS (I-485) so you wouldn't have to leave for Canada.

2. H1B is definitely better as far as the immigrant intent issue is concerned. The I-130 doesn't automatically nullify the TN, but you could be refused reentry with TN because of the I-130, whereas the H1B dual intent provision makes it a non-issue. You can also maintain H1B status after filing the I-485, provided you follow certain rules.

3. Were you already married when your mother filed the I-130, and did she mention that you were married when filing it, and was she a US citizen when filing it? If yes to all three, your wife and under-21 children are eligible to get derivative green cards at the same time as you get yours. If any of those three is NO, please answer the following so we can figure out if/when your wife or even yourself can get a green card.

(a) If your mother was not yet a US citizen when filing the I-130, did she become a citizen before you got married?
(b) If you got married after she filed the I-130, did she notify USCIS to update the I-130 to account for the fact that you are married with children?
 
Thanks, and my response

Thanks, Jackolantern:

Your question:
Were you already married when your mother filed the I-130, and did she mention that you were married when filing it, and was she a US citizen when filing it? If yes to all three, your wife and under-21 children are eligible to get derivative green cards at the same time as you get yours. If any of those three is NO, please answer the following so we can figure out if/when your wife or even yourself can get a green card.

Response:
Yes, I was already married, mother was a USC. It is very heartening to know about the derivative green card rule. I had no idea. Thanks very much for your help,
Ali
 
Do you mean V visa?

Hi Jackolantern (and all),

In below thread, regarding the derivative green card for spouse, are you referring by any chance to the V visa? I thought you might have been, so I researched it a bit, and apparently one of the rules is, the I130 petition would have had to be filed before year 2000. Mine was filed in 2004.

Now, I took from your reply that since my mother was USC when she filed I130 and wife's name and DOB was listed on I130, then it's an automatic derivative status for wife and children under 21?

Please clarify, thank you,
Ali
 
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