I-130 problem, and going to Canada to work for a bit

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gfireboy22

Registered Users (C)
This post seems like the best place for this question. I am Canadian and my six months is up in two days. I married a woman in Tennessee and we planned on filing the 485 and the tree that goes with it. Unfortunately my tax refund did not make it in time to fund the 485 and April 30th was coming too fast. I had to file the I-130 with her stating I live here. Anyways this dude down here stole $5000 dollars from us on a reroof of our house, kinda like a deposit. With me not working this has put us in a tough spot.

A friend in Ontario has provided me the ability to stay with them for a few months for free, plus also a place to work. We thought I could file the I-130 and going to Canada for a few months would not be abandonment because we haven't done the I-485 yet. However, just as I was about to buy the ticket it has come to my attention that because I filed the I-130 living here already, I cannot leave the application until I file the I-485, and I-131, then wait for biometrics and approval of the I-131. Does anybody know for certain that I can go to Canada for a few months on just the I-130? Keep in mind that my 6 months as a legal Canadian just expired. Everything I have been told says I need to hold my ground, file the I-485 and definitely not risk leaving and making a big consulate issue for re-entry.
 
I am Canadian and my six months is up in two days.
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Keep in mind that my 6 months as a legal Canadian just expired.
Click to expand...
Has your legal status already expired, or is it about to expire in 2 days? Which is it?

Since you haven't filed the I-485 yet, leaving now technically would not be abandonment of anything. However, once you leave the US you may be unable to return as a visitor for a long time, because you just used up your 6 months and USCIS knows you are married to a US citizen and have plans to immigrate.

So the practical reality is that if you leave the US without filing I-485 and getting an approved I-131, you can expect to be stuck outside the US for 6-12 months while waiting to interview for the green card at a consulate in Canada.
 
You pretty much told me what i already knew. Thank you by the way. My Ontario friend was using some pretty hard language on me for not coming, and I forwarded your post. I am holding my ground here. The 181 days is tomorrow, but we sent the I-130 in last week with Fedex arrival confirmation Friday morning. Going is too risky.

I will have questions throughout this whole thing and they never get the phone. Does anyone know the right sequence to get the phone answered? I thought pretending to be a lawyer might do it, but nope.
 
The reply got me out of going to Toronto thanks, but useful information for someone else. I called homeland security border authority and if I had left the I-130 would be considered abandoned and terminated. As for the 6 month thing. I asked is the six months per calendar year? What? If I leave do I have to wait until 2014? She said no, technically you can leave for a day and come back for another six months, but if they question you on it they can deny entry and make you come back only with a visa.They also said filing the I-130 gives me no rights to stay past today, but I threaten it by leaving so hold my ground, file the I-485 asap and it will wash over. I finally figured out how to get immigration to answer the phone too. Say you are pending but lost your record number.
 
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