I-485 for spouse

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GC_SEARCH

Registered Users (C)
I am getting married in December this year and my fiancee is a Canadian citizen. After marriage my wife will not be joining me in USA for next 3-4 months.

Would it be possible to file I-485 for her immediately after marriage, considering that she will not enter in USA for next 3-4 months ?

Is it like that she has to have non-immigrant status to file I-485 ? If she has to have non-immigrant status does it mean she has to file for H4 visa or any other type of visa to enter in this country (she doesn't need any visa to enter in USA because she is a Canadian citizen) ?

Your answer would be appreciated.
 
No I485 can be filed for persons in the US. Yes she has to file for H4 visa in order to qualify for GC. Her canadian citizenship is of no help there.
 
GC_SEARCH,

My wife's a canadian citizen too. It's really no big deal. She can get and H4 on the port of entry with a $4 fee, no hassles, no headache, all you need is ur H1 stamped and a marriage certificate. IT takes just five mins. Have her come in US, get H4, file for 485 anf then leave. Two things:

1. She has to have a H4 to file 485.
2. She has to be legally present in the US. (just the day she signs the app, she can leave right after)

-Savant
 
Jaxen and Savant,

Thanks alot for replying.

I spoke to my lawyer last Friday and according to her

(1) She has to be physically present in the US to qualify for I-485. She has to get her medical done and sign the form and then she can leave.

(2) But she doesn't need any non immigrant visa for I-485. I was not 100% convinced with her reply because I-485 is a adjustment of status and it means person has to have any non-immigrant status which has to be adjusted.

Savant since your wife is a Canadian citizen, you will be knowing everything. Actually I have never heard of H4 at the port of entry. Can you please let me know more about this ? What documents are required ? Does the Immigration officer gives the H4 at port of entry ? Do you need to specifically ask the officer/anyone else for H4 visa at port of entry ?
 
GC_SEARCH,

Getting H4 at the port of entry is a very very special case extended only to Canadian citizens. Most people are not aware of this but your lawyer should (if she is competent) have knowledge about this.

Here is how this works: You need to do the following steps (Same as the ones I did)
1. Go to Canada and get married (at least to court marriage).
2. Get an official mariage cert from the Canadain govt.
3. Accompany her through a port of entry. If you cannot come with her then makesure she has a copy of your passport and stamped H1.
4. At the port of entry tell the offiicer that your wife is a Canadian and she wants to enter in H4 status. He will check your passport and send you to the immigration division (near port of entry).
5. Inside they will ask you for your passport, her Canadian passport and $4 fee.
6. They will issue a new I-94 for her and on that it will be stamped H4 Status.

That's it, total process takes 10 mins. There will be no visa stamped on her passport since Canadian citizens do not require a Visa. Just the I-94 with the H4 Status stamp is equivalent for her H4 status.

-Savant
 
Last time I did this, it cost US$6, not $4, at a land border crossing (Dec 2002, near Cornwall, Ontario). Then again, I have not kept up with any changes since then.

It's probably better if you accompany her, as they may ask some H1-related questions about yourself. I wasn't asked any, but someone at the other counter near me was being grilled about it and I think it was because his English wasn't so good that he was unable to give them a clearer picture of his situation.

The essential documents are:
1. your passport,
2. her passport,
3. your marriage certificate

Good luck to you.
 
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