Help Immigrating to the US

[XxSpArTaCxX]

I am somewhat confused on the whole process of immigrating to the US, with all the different forms that have to be filled out.

My wife (US citizen) and I (Canadian) have been together for 9 years, and married for six. We have been living in Canada with her as a permanent resident. Once she gets her Canadian citizenship early next year we were planning on moving south to be with her family in MD. We also have a 2yo daughter who has dual US/CAN citizenship. I just have a few questions I hope someone can help me out with!

1) Since she is not living in the US, can she still fill out form I-130? Or is it a different process since we're in Canada?

2) IF she can fill out form I-130 in Canada, what are the steps after/if it is accepted? Should we move to the US to file form I-485 Adjustment of Status?

3) We were planning on possibly moving next summer, would it just be easier to start the process then? Or should we start the process asap?

[Adrian Gruber]

I am somewhat confused on the whole process of immigrating to the US, with all the different forms that have to be filled out.

My wife (US citizen) and I (Canadian) have been together for 9 years, and married for six. We have been living in Canada with her as a permanent resident. Once she gets her Canadian citizenship early next year we were planning on moving south to be with her family in MD. We also have a 2yo daughter who has dual US/CAN citizenship. I just have a few questions I hope someone can help me out with!

1) Since she is not living in the US, can she still fill out form I-130? Or is it a different process since we're in Canada?

2) IF she can fill out form I-130 in Canada, what are the steps after/if it is accepted? Should we move to the US to file form I-485 Adjustment of Status?

3) We were planning on possibly moving next summer, would it just be easier to start the process then? Or should we start the process asap?

Good morning,
I'm limited in responding to your inquiry and I am not an attorney.
The purpose of the I-130 is to establish that you are an immediate relative or spouse of a US citizen.
Your spouse is the petitioner/you are the beneficiary
The I-130 takes about 5 months for approval provided all documentation is in order. (I-130 gives no immigration benefits to the beneficiary)
Once its approved you may apply for AOS-"Adjustment of Status"=Green Card using form I-485
I-485 is based on your "Priority Date" on your approved I-130 document know as a "Notice of Action-797c" document.
If you are granted the I-130 based on marriage to a US Citizen you do not have to wait for a Visa # based on a priority date. Again thats if all toyr documentation is in order.
Money wise for both the I-130 and the I-485 you are looking about $2000 plus the cost of the Civil Surgeon exam.

You are in a unique position because the US and Canada have a different relationship at cross border inspections. Also be careful about yor child's status as she may not establish US citizenship if not born in the US.


1) Since she is not living in the US, can she still fill out form I-130? Or is it a different process since we're in Canada? If you process in Canada you will file at the Consular Level at the US embassy near you.

2) IF she can fill out form I-130 in Canada, what are the steps after/if it is accepted? Should we move to the US to file form I-485 Adjustment of Status? Approval of the I-130 does not grant any benefits, it merely establishes an Alien as a relative of a US Citizen.


3) We were planning on possibly moving next summer, would it just be easier to start the process then? Or should we start the process asap? If it were ME, I would file immediately and concurrently!

Best of luck.