Starting the I-130 process

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berniceb4

New Member
My husband is a natural born US citizen. I am a naturally born Canadian citizen. Up until a year ago we both resided in Canada (we have been married for 11 years with 2 children)

Due to work, my husband returned to the US and now lives in Chicago. We are now looking at joining him and I am just starting the process.

I need help.

From what I understand, I must do the following:

My husband files a I-130 for myself and one for each of my children (therefore 3 separate I-130 forms)

When he receives a NOA he then will file a I-129F for me which will enable me to obtain a K3 visa.

When this is processed, the consulate in Canada will notify me for an interview, medical etc.

Is this right?

Does he file a I-485 concurrently with the I-130? Or does this get filed after I move to the US?

What happens if I go to the US then file? Can this be done or do I have to have visa before I enter if my intent is to stay?

I know lots of questions....but want to make sure I do it right!!!

Thanks for any help before I start the immigration nightmare!!!
 
The concurent I485/I-130 is possible only when the person is in US thru a lawfull admision. I am not clear what visa do people from Canada need to visit US or its a waiver but if you are in US and file them concurently, then you can live in US from that point on as you will be in adjustment status period.. You will need Parole to leave US...

goodluck
 
Currently, I do not require a visa to " visit" the US as I was born in Canada.

So when I cross the border now they ask, purpose of visit and where am I going and length of stay. Therefore, if I stated that I was visiting and would return in 2 weeks......but my intent was to stay and then file papers........not sure if that is legal.
 
The intent depends on what you say at the time of entry. If you change your mind later on, thats perfectly legal... For example if you come for 4 months, you can chg your mind in 3rd month and apply I-130/I-485. Check the site http://k1.exit.com for the legal issues on intent. It will explain the 30/60/90 rule and clear lot of your doubts on concurrent filling and intent...

goodluck
 
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Thank you. I would probably have a problem though at the border, when I show up with a moving truck, 2 kids and a husband who already lives in the US!!!! I think my intent would be clear. So back to first plan!!!

Any comments on my order of documents? Have I missed anything? And what would be possible time line. Oh so many questions, so little time!
 
It all depends how soon you need to bee with your family..
If you all need to be with him real soon, then being in US and then applying is the way..

The trucks and all that stuff- their are many solutions to that problem and its secondary....

If its not urgent, then go thru I130/129 way..

goodluck
 
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