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Do I need this visa?

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  • Do I need this visa?

    So I know I need the i-130, and i-130A, because I am filing for my wife, who is in her country, but we got married while she is on ESTA, She has been back in her country over 60 days, and she is pregnant, please if anyone can guide me in the right direction what I need to do besides that, do I need the i-485? Because I believe that is only if she was still here but she is back in her country?????

  • #2
    Yes, form I-485 is filed if she is already in the US.

    Unfortunately, she cannot re-enter under the VWP with intent to adjust status (i.e., file form I-485) as that may be considered immigration fraud.

    The best path forward is to file the IR1/CR1 visa, which may take up to a year (or more).
    Canadian on F-1 married to USC (SSM)
    Field office: Manhattan/NYC

    09/21/2019: Delivered to Chicago
    09/25/2019: Fees charged
    09/30/2019: Case received
    10/04/2019: Biometrics appt received
    10/15/2019: Fingerprints taken
    10/16/2019: Fingerprint review complete
    11/14/2019: Ready to be scheduled

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