I-485 Question

J

jmb627

New Member
I have a question. I'm an American citizen. My husband is a Canadian citizen. We were married in the US in December 2014. We have a four year old son together (born in the United States). We visited each other back and forth. I received Canadian Permanent Residency in 2017, moved there for two years, and moved back to the United States with our son in May 2019 because we decided that we wanted to live in the United States together, permanently. We filed the I-130, I-131 forms in September 2019. I would love for my husband to be able to live with us while we wait, however because Canadians don't typically have to file for visitor visas, when they visit, would filing an I-485 while my husband was visiting be allowed? He would be here legally, but not on a visa. We are confused. Thanks for any input.
 
Your post is a bit confusing with the use of “here” and “there”.

Is your husband currently in the US with you? Were you already a USC when you filed the I-130 for your husband in Sept. 2019? Were you both in the US when you filed the I-130?
 
So sorry! Right now I am in the US with our son. From April 2017-May 2019 we were together in Canada. I am a US citizen by birth and lived in the US (1982-April 2017, May 2019-present). My husband was in Canada when we filed the I-130. He has never lived in the US, but has visited for months at a time prior to us living together.
 
You didn't answer Sm1smom's question about whether he is currently in the US.

If he is currently in the US, he is eligible to file I-485 for Adjustment of Status. However, he was not supposed to enter the US with preconceived intent to file Adjustment of Status during his stay. If he only arrived recently, they may suspect that he misrepresented his intention to the immigration officer at entry, unless he can show otherwise.

Also, your description is confusing because I-131 for Advance Parole can only be filed if he has filed I-485.
 
Since your husband is not currently in the US, he’s not eligible to file AOS. Entering the US with a preconceived intent of filing for adjustment of statement is frowned upon, your husband has to complete the process in Canada in this case.
 
He should still be able to visit you in the meanwhile, just that he cannot make his permanent move until he gets his visa.
 
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