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Form I-130 Petition from outside US or Form I-130 and I-485 from inside US?

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  • Form I-130 Petition from outside US or Form I-130 and I-485 from inside US?

    Hello Everyone,

    I live and work in Canada as Permanent Resident (not a Canadian citizen...yet) with my wife and son (both US citizens, wife is also Permanent Resident in Canada, son has dual citizenship), we are currently thinking of moving to the US. I've been reading and reading about filling petitions etc, and getting lots of mixed responses and would like some help and clarification please.

    1. What is the easiest way to go? File the I-130 and I-485 at the same time from inside the US (I have a B1/B2 visa that allows me to enter US).

    2. File the I-130 from Canada and then wait for approval and then apply for IV with the consular here in Toronto?

    3. If filing from inside the US, is it legal for me to stay under my visitor visa? would that create a problem getting petitions approved? Also my wife does not have a job, will that makes it harder to get the process approved? (I read that petitioner needs to have a job and living in US when filing a spouse petition, is that correct?).

    4. If filing from Canada and wife is not present in US and currently unemployed, am I still eligible and will the petition gets approved?

    Please advise,
    Thanking you in advance!
    G

  • #2
    Asking which is the easiest way to go can't get you a straight answer, because it depends on your circumstances.

    If you do a conversion of your B2 visa while in the U.S., it is inadvisable to leave the U.S. during the six months or so it takes to get a Green Card.

    While your wife has to be the primary sponsor and must have a U.S. address, her lack of income can be overcome by having a joint sponsor (with U.S. citizenship or Green Card status) as a joint sponsor.

    --Ray B

    Originally posted by geo_35 View Post
    Hello Everyone,

    I live and work in Canada as Permanent Resident (not a Canadian citizen...yet) with my wife and son (both US citizens, wife is also Permanent Resident in Canada, son has dual citizenship), we are currently thinking of moving to the US. I've been reading and reading about filling petitions etc, and getting lots of mixed responses and would like some help and clarification please.

    1. What is the easiest way to go? File the I-130 and I-485 at the same time from inside the US (I have a B1/B2 visa that allows me to enter US).

    2. File the I-130 from Canada and then wait for approval and then apply for IV with the consular here in Toronto?

    3. If filing from inside the US, is it legal for me to stay under my visitor visa? would that create a problem getting petitions approved? Also my wife does not have a job, will that makes it harder to get the process approved? (I read that petitioner needs to have a job and living in US when filing a spouse petition, is that correct?).

    4. If filing from Canada and wife is not present in US and currently unemployed, am I still eligible and will the petition gets approved?

    Please advise,
    Thanking you in advance!
    G

    Comment


    • #3
      Originally posted by rayb View Post
      Asking which is the easiest way to go can't get you a straight answer, because it depends on your circumstances.

      If you do a conversion of your B2 visa while in the U.S., it is inadvisable to leave the U.S. during the six months or so it takes to get a Green Card.

      While your wife has to be the primary sponsor and must have a U.S. address, her lack of income can be overcome by having a joint sponsor (with U.S. citizenship or Green Card status) as a joint sponsor.

      --Ray B
      Thank you RayB for your reply, lets assume we go to US and file petitions within, the unemployment fact will still be an issue? Do we have to file I-864 as well or only I-130 &I-485? what other people are doing? many spouses are housewives with no income, how are they able to sponsor and specially when they are abroad? who can be a joint sponsor? a family member like uncle (her mother's brother) would qualify? Her dad is retired and she is only child. I hope you can shed some lights. Thanks again!

      Comment


      • #4
        Whether the petition is submitted while you are outside the U.S. or for an Adjustment of Status within the U.S., you need a qualified co-sponsor if your wife lacks the resources to meet the sponsorship requirements.

        I don't know what you mean by "what other people are doing..," because nobody gets a Green Card without a sponsorship package.

        Even without income, your wife is the primary sponsor and must submit an I-864, but anyone can be a co-sponsor and also provide an I-864 with supporting documents at the same time.

        --Ray B

        Originally posted by geo_35 View Post
        Thank you RayB for your reply, lets assume we go to US and file petitions within, the unemployment fact will still be an issue? Do we have to file I-864 as well or only I-130 &I-485? what other people are doing? many spouses are housewives with no income, how are they able to sponsor and specially when they are abroad? who can be a joint sponsor? a family member like uncle (her mother's brother) would qualify? Her dad is retired and she is only child. I hope you can shed some lights. Thanks again!

        Comment


        • #5
          Oh ok got it... what i meant "what other people are doing" is in same situation like me, like file from inside us and get the adjustment ...anyways thanks a lot Rayb, you've been a great help!

          Comment

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