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b1/b2 holder married a USC, Can I do the i-485

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  • b1/b2 holder married a USC, Can I do the i-485

    Hey guys,

    I am a valid b1/b2 holder expiring in 2018. I married my wife, a USC, in Aug 2013. We have been living and working in Canada ever since. However, we want to pursue opportunities in the states. What will be the fastest way to attain immigrant status for myself?

    Can my wife file the i-130 and i-485 from her parents address? Or does she have to do the i-130 alonne?

    Any advise is sincerely appreciated.

    Thanks

  • #2
    You can't file the I-485 unless you are already in the U.S. If you try to enter the U.S. on the I-485, they could try to deny you access, asking that you obtain a K-3 visa. But you could certainly try, if you can show that you do not have intent to immigrate to the U.S. at that particular time.

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