US Citizen, married Canadian citizen, both residing in US, questions on filing

B

BellinghamLove

New Member
Hello all. After speaking with numerous immigration lawyers, and getting different versions of the same(ish) story, I figured before dumping thousands of dollars and crossing my fingers, I'd ask for some advice/stories here.

On Jan 27, 2013 I (male, US citizen) married my wife (her, Canadian citizen) at a small ceremony in the states. She had been crossing every weekend for around 3 months before we were married, and continued to do so afterwards, for another month. March 7th she came across, and has been here since. She left her job, let her lease expire in Vancouver, and is now planning on living here full time.

We are getting ready to file papers, but I am terrified we'll file, fork over the 1500 +/- or so dollars, and then have some sort of hiccups. I'm asking what the proper steps would be at this point in the filing to ensure that 1) she can stay here until the approval comes thorugh 2) we are filing the correct forms and 3) any risks we may be looking at by going the route we have chosen.

The idea of her having to go back to Canada and wait for all this to process and be approved is literally eating a hole in my stomach, and I cannot bear that idea. She wants to work ASAP here, so we plan on filing I-485, I-130, I-765, and form I-131. Is that the correct bundle? Does it matter if we file all at once or should we start with one over the other? Any advice or similar stories and outcomes would be GREATLY appreciated. Thank you!
 
1. Once she files the I-485, she will be able to stay here until the approval comes through
2. The forms are correct. (Each form will also require numerous supporting documents.) You should file them together.
3. Under what status did she last enter the U.S.? One concern is immigrant intent. When you enter the U.S. on a visitor status, you must intend to leave the U.S., and cannot intend to stay in the U.S. and file to adjust status before leaving. But it's okay to change her mind after entering the U.S. So when she last entered the U.S., what was her intent? Did she leave her job and lease after or before she entered the U.S.? Did she change her plans after she entered? What did they ask her when she entered and how did she answer?
 
newacct said:
3. Under what status did she last enter the U.S.? One concern is immigrant intent. When you enter the U.S. on a visitor status, you must intend to leave the U.S., and cannot intend to stay in the U.S. and file to adjust status before leaving. But it's okay to change her mind after entering the U.S. So when she last entered the U.S., what was her intent? Did she leave her job and lease after or before she entered the U.S.? Did she change her plans after she entered? What did they ask her when she entered and how did she answer?
Click to expand...

To answer 3: So here's the long version:
She left her full time job on March 15th, due to having contract work on the side, that kept cash coming in and being fed up with the politics in her office.

Her lease expried March 1st, and she had planned on renewing, however her roommate bailed halfway through February, leaving her unable to pay the full rent.

She got a lease extension until March 15th at her apartment, with the intent on moving in with her Dad until we either
1) we got immigration sorted and she moved here or
2) she got a new place in Vancouver.

Her Dad was supposed to move into his new place on March 1st, but got pushed back until April 1st.

So that left her with no place to stay for 2 weeks (from 03/15 when her lease expired until 04/01 when her dad was in his new place).

She came here to visit that weekend, and I told her she could stay with me until we figured something out. 2 weeks turned into March 17th until now... And now we don't see a point in sending her back.

There wasn't intent when she came across on the 17th to stay permenantly, but now that she's here it seems pointless to go back.

When she entered they asked the purpose of her trip, she replied "to visit friends" as she had up until that point. Agent said "friend, boyFRIENDS or Husband?" which is odd as they'd never asked her that before, and she just replied with "friends." They let her across without further incident and that's that.
 
BellinghamLove said:
When she entered they asked the purpose of her trip, she replied "to visit friends" as she had up until that point. Agent said "friend, boyFRIENDS or Husband?" which is odd as they'd never asked her that before, and she just replied with "friends." They let her across without further incident and that's that.
Click to expand...

Based on that conversation, she needs to go back and wait for the green card interview at the consulate. If they stored that exchange in the system, it will haunt her later on if she stays to immigrate. Yes, they sometimes do make a note in the system of what people say at the POE, and cross-check it during future immigration processes to see if it's consistent with their subsequent actions.

The good news is that she doesn't have to go back right now. File the I-130 (without the I-485 etc.), and she can stay for the remainder of her 6 months maximum as a visitor (i.e. until September 6). Hopefully the consular interview won't be too much longer after that.
 
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