I485 filing, but wife canadian

J

jeeper80

New Member
Hello,
Since the PDs are current, I am eligible to apply to file I-485. I recently got married, and my wife is a Canadian citizen. She has not moved in with me yet. She was planning to move in, in September, as she had found a job here in the US. She could travel to the US without a visa, as long as her duration of stay is not longer than 6 months, since she was a Canadian citizen.

My question here is, can I file I-485 for my wife too?

I was being told that she had to be physically present in the US while filing. If she comes and stays with me during the time of filing, would it be considered valid. Also, I could work with the company who has agreed to give her the work visa (in September) to grant her a visa earlier.

I wanted to file the I-485 ASAP, so please advice what would be the quickest way out in this situation?

Thanks in advance for your suggestions!
 
jeeper80 said:
Hello,
I was being told that she had to be physically present in the US while filing. If she comes and stays with me during the time of filing, would it be considered valid.
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That's correct, but I'd be reluctant to file an I-485 immediately after entering as a visitor.

Also, I could work with the company who has agreed to give her the work visa (in September) to grant her a visa earlier.
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That would be the best bet. Are they going to get her a TN?
 
Is your wife Canadian citizen by birth or through naturalization?

If naturalization, I advise you should apply urs ASAP( and u can apply for her when she is here).
If she is Canadian by birth then I advise you to wait for her to come, and then apply together in Canadian quota( non-retrogressed)
 
Thank you TheRealCanadian and telugodu for your replies.

TheRealCanadian: Yes, they were going to get her a TN. I believe she only needs their offer letter, and she should be able to get the visa issued at the border, correct?

telugodu: She is a Canadian through naturalization. Per your suggestion, we should file separately? i.e, I file ASAP, and then file for her, when she gets here... would that make it an independent filing for hers, or would it be still given the same priority as if we were to file together?

Thanks again for your inputs, really appreciate these valuable information!
 
jeeper80 said:
Thank you TheRealCanadian and telugodu for your replies.

TheRealCanadian: Yes, they were going to get her a TN. I believe she only needs their offer letter, and she should be able to get the visa issued at the border, correct?

telugodu: She is a Canadian through naturalization. Per your suggestion, we should file separately? i.e, I file ASAP, and then file for her, when she gets here... would that make it an independent filing for hers, or would it be still given the same priority as if we were to file together?

Thanks again for your inputs, really appreciate these valuable information!
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Once you apply for the green card you should not travel with TN because of it's non-immigrant nature. otherwise your Green card is considered as abandoned.

What is wife's country of birth? If at least one of you is from a non-oversubscribed countries you may be able to file later but not certain.
 
jeeper80 said:
Yes, they were going to get her a TN. I believe she only needs their offer letter, and she should be able to get the visa issued at the border, correct?
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Exactly, hence I am curious why they would wait until September. There's nothing preventing her from getting a TN tomorrow if the company wants her.

Per your suggestion, we should file separately?
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I would be reluctant to take his suggestion at face value before getting more information. What is your PD and country of birth? What is your wife's country of birth?

would that make it an independent filing for hers, or would it be still given the same priority as if we were to file together?
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It's a dependent application, so it retains your priority date and category.
 
I have the same issue. My wife is a french citizen by birth and she is in France. We recently got married, I haven't applied for her H4 visa.
Now my PD is current and she cannot come here so soon.

My company will only do Adjustment of Status.

What should we do?

Any help appreciated.

Thank you.
 
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