I485 is pending, wife and kids are Canadians, where they should apply?

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nik5

Registered Users (C)
My I 140 was approved yesterday.
I am waiting on I-485 approval now , the visa is current.
My wife and kids are Canadians.
Please advise - should they come to the states and apply for I-485 of their own or we have to go through Consular processing?

Thanks for inputs !
 
nik5 said:
My I 140 was approved yesterday.
I am waiting on I-485 approval now , the visa is current.
My wife and kids are Canadians.
Please advise - should they come to the states and apply for I-485 of their own or we have to go through Consular processing?

Thanks for inputs !
Click to expand...
It will be better if they come to US and apply I-485 in US so that all of you got approved on same date.
 
Thank you ginnu ,

please your comments on below quote from Instructions for I-485, Application to Register Permanent Residence or Adjust Status

10. Who Is Not Eligible to Adjust Status.

11. You were admitted to the United States as a visitor under the Visa Waiver Program, unless you are applying because you are an immediate relative of a U.S. citizen (parent, spouse, widow, widower, or unmarried child under 21 years old);
 
nik5 said:
My I 140 was approved yesterday.
I am waiting on I-485 approval now , the visa is current.
My wife and kids are Canadians.
Please advise - should they come to the states and apply for I-485 of their own or we have to go through Consular processing?

Thanks for inputs !
Click to expand...

If they have valid dependant visa like H4 for example, they can come and adjust (supposedly you have H1 before approval), if not they have to do CP. Adjustment in US should be from valid status (visa) even if the principal applicant approved like your case (not tourist visa or admitted under visa waiver like Canadian
 
Thanks mmed .

I just checked http://travel.state.gov/visa/temp/without/without_1990.html#countries

Currently, 35 countries participate in the Visa Waiver Program, as shown below:

Andorra Iceland Norway
Australia Ireland Portugal
Austria Italy San Marino
Belgium Japan Singapore
Brunei Latvia Slovakia
Czech Republic Liechtenstein Slovenia
Denmark Lithuania South Korea
Estonia Luxembourg Spain
Finland Malta Sweden
France Monaco Switzerland
Germany the Netherlands United Kingdom
Hungary New Zealand

Canada is not a Visa Waiver Program country.
Is this rule applicable for Canadians as well or USA-Canada have own set of rules for this situation? Does anybody know?
My wife and kids have no visas H4 .
 
Last edited by a moderator:
nik5 said:
Thank you ginnu ,

please your comments on below quote from Instructions for I-485, Application to Register Permanent Residence or Adjust Status

10. Who Is Not Eligible to Adjust Status.

11. You were admitted to the United States as a visitor under the Visa Waiver Program, unless you are applying because you are an immediate relative of a U.S. citizen (parent, spouse, widow, widower, or unmarried child under 21 years old);
Click to expand...

if you are on H1 status then they can get H4 visa stamp and can enter US on H4 status and then they can apply for I-485 in US.
Second option is consular processing.
 
nik5 said:
Thanks mmed . Canada is not a Visa Waiver Program country. Is this rule applicable for Canadians as well or USA-Canada have own set of rules for this situation? Does anybody know?
My wife and kids have no visas H4 .
Click to expand...

No one or country has specific rule for adjustment of status than others (may be Cuba). The only way for your dependents to apply is from valid, unexpired visa status in US either dependant one e.g. H4 or their own valid visa e.g. H1. No tourist visa will work here, no visa waiver program can just come to adjust, and no Canadian just comes to adjust. All those have no way but to go to CP or get visa to adjust it. Adjustment of status is adjusting the status (status =visa) to permanent residence if visa number is current.
 
ginnu said:
if you are on H1 status then they can get H4 visa stamp
Click to expand...

They're Canadians - they don't need visa stamps.

If he is on an H-1, they go to the border with a copy of his I-94, their marriage and birth certificates and they can get H-4 status on the spot.
 
Many thanks to all .
Yes , I am on H1.
I guess the port of entry H4 stamp is the best our option !
 
More questions -

Filing 485.
Part 3.
Nonimmigrant Visa Number / Consulate Where Visa Issued / Date Visa Was Issued/ - what should they put there?
++++++
Should they file 485 for each applicant or my wife could include kids (15 years old) in her application?

+++++++++
What filing fees are applicable in case if they will file individually and if they file one form for all?
 
nik5 said:
More questions -

Filing 485.
Part 3.
Nonimmigrant Visa Number / Consulate Where Visa Issued / Date Visa Was Issued/ - what should they put there?
++++++
Should they file 485 for each applicant or my wife could include kids (15 years old) in her application?

+++++++++
What filing fees are applicable in case if they will file individually and if they file one form for all?
Click to expand...

any inputs ?
 
Some changes in my case. I have got I-485 approved last week and received the card. The family is still in Canada (we postponed their trip because of school). My H1 Visa was current till December 27th 2009.

The question is – are they still able to come in on H4 or do they have to go now through Consular Processing only?

Please advise.
 
nik5 said:
The question is – are they still able to come in on H4 or do they have to go now through Consular Processing only?
Click to expand...

Consular Processing. They cannot enter in H4 status since you are not in H1 status any more. You should have brought them down for a weeks' vacation, filed the I-485s and then return to Canada.

Water under the bridge now. I think you'll need to file an I-824 for them, to get NVC working on the CP process. It takes a while to get approved, so I'd contact NVC to see if there's any way around that.

Start googlging "Follow to Join". That's the process they will be doing.
 
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