Canadian applying to USA

[r.j.donnelly]

Hi all,

hoping someone here has experience on the US side of things that might be able to offer some advice. Myself and my partner (She's American, I'm Canadian) are getting married in Canada and then she'll be returning to the US to file the I-130. Once that's done I'll be applying for a green card from Canada through the I-485, and hopefully joining her once that's approved. We've researched the applications and should meet the criteria.

My question is this - while I am applying for a green card in the US, am I allowed to enter the United States as long as I prove I'm entering/exiting on a visitor's visa?

I also live very close to Buffalo, would I be able to schedule my interview in Buffalo instead of a US consulate in Canada?

If anyone has experience like this their advice would be greatly appreciated!!

[ember]

Hi all,

hoping someone here has experience on the US side of things that might be able to offer some advice. Myself and my partner (She's American, I'm Canadian) are getting married in Canada and then she'll be returning to the US to file the I-130. Once that's done I'll be applying for a green card from Canada through the I-485, and hopefully joining her once that's approved. We've researched the applications and should meet the criteria.

My question is this - while I am applying for a green card in the US, am I allowed to enter the United States as long as I prove I'm entering/exiting on a visitor's visa?

I also live very close to Buffalo, would I be able to schedule my interview in Buffalo instead of a US consulate in Canada?

If anyone has experience like this their advice would be greatly appreciated!!

You may be denied entry because CBP may not believe that you intend to return to Canada with a pending GC application.You can try, though. You are Canadian so they probably won't care at all.

No, if you do consular processing you must go through the consular office.

And you don't do the I-485, that is for Adjustment of Status in the U.S.

Since you will be applying from abroad, your wife will do the I-130. When that gets approved, it will be sent to the National Visa Center and you will get a number. The NVC will contact you when it's time for the next step. That is when you will pay the fees and do the application & affidavit of support. You will apply online using the DS-260. Then you will have an interview. If you are approved, you get a visa packet (you cannot open it). You bring that to the port of entry and they will admit you as an LPR.

[r.j.donnelly]

Incredible, thank you so much!! It seems pretty straightforward and mostly just waiting. The I-130 is also the portion where we include the history of relationship correct? Is there anything else that might trip us up?

Obviously there's advantages to being Canadian but we're always worried something will get complicated just because we naturally cross the border so often.

You may be denied entry because CBP may not believe that you intend to return to Canada with a pending GC application.You can try, though. You are Canadian so they probably won't care at all.

No, if you do consular processing you must go through the consular office.

And you don't do the I-485, that is for Adjustment of Status in the U.S.

Since you will be applying from abroad, your wife will do the I-130. When that gets approved, it will be sent to the National Visa Center and you will get a number. The NVC will contact you when it's time for the next step. That is when you will pay the fees and do the application & affidavit of support. You will apply online using the DS-260. Then you will have an interview. If you are approved, you get a visa packet (you cannot open it). You bring that to the port of entry and they will admit you as an LPR.