Wanting to return to US with my Canadian Husband and child

[gigiholland]

I am a landed immigrant from California married to a Canadian for the last 7 years living in Toronto, Ontario. At this time we would like to to return to California and start our life there. Our Son is adopted and will have to be in our custody for 2 years from the time of finalization (June 2014) , although he's been in our home since early 2013 before I can apply for his citizenship.

I'm curious on the wait time for a "Realative" since we are and have been married for quite sometime now. All I find is about bringing a finace over, not spouse and the wait time has been anywhere from 9 months to years?????

Is it best start the process here in Canada and then if we move sooner adjust status then? Or can we apply in the US, can my husband get an extended visa? or does he have to return every 6 months as well as our son? Its been quite confusing and overwhelming. If we apply here can my husband visit the US without the process stopping and resuming once he returns to Canada, ( something I was told and could not confirm with customer care in the immigration office.

Any help is much appreciated. order of forms I-130 . I-485?

[rayb]

If you are a U.S. citizen, the following applied. If not, waiting times are somewhat different.

You can submit an immigrant petition for your husband now, and in about 9 months he will have a spousal visa to come to the U.S. During the waiting period it is best that he not come to the U.S., as "intent to immigrate" will have been shown by the immigrant petition and he could be denied entry.

As an alternative, he could come to the U.S., with either a B2 visitor visa or on a visa waiver, and you could then petition and apply for his Adjustment of Status, but he should not leave the U.S. during processing. If he crosses over without a formal visa or visa waiver, get a stamp of entry as proof that his entry was legal.

--Ray B

I am a landed immigrant from California married to a Canadian for the last 7 years living in Toronto, Ontario. At this time we would like to to return to California and start our life there. Our Son is adopted and will have to be in our custody for 2 years from the time of finalization (June 2014) , although he's been in our home since early 2013 before I can apply for his citizenship.

I'm curious on the wait time for a "Realative" since we are and have been married for quite sometime now. All I find is about bringing a finace over, not spouse and the wait time has been anywhere from 9 months to years?????

Is it best start the process here in Canada and then if we move sooner adjust status then? Or can we apply in the US, can my husband get an extended visa? or does he have to return every 6 months as well as our son? Its been quite confusing and overwhelming. If we apply here can my husband visit the US without the process stopping and resuming once he returns to Canada, ( something I was told and could not confirm with customer care in the immigration office.

Any help is much appreciated. order of forms I-130 . I-485?