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  • Immigrating Canadian spouse

    Help,
    I am so confused! I married my then boyfriend of 4 1/2 years July 14, 2007. He is Canadian and I want to immigrate him to the US. For the past 1 1/2 years I have been spending most of my time in Canada (with the 6 months allowed time per visit). I have all the information on what forms I need to file but I have a few more questions.

    I am currently in Canada visiting, can I file them from the states and continue to be in visiting in Canada, or do I need to be working/living in US full-time?

    Does my husband need to get his medical exam in the US (specifically the state of my residence) or can he get it done in Canada?

    Also, can he visit the US after we submit his documents and they are being processed?

    One more, can I file ALL the neccesary forms at once (I-485, I-130, G-325A, I-131, I-693, I-765, I-864)?

    Any information would help, Thanks

  • #2
    I am currently in Canada visiting, can I file them from the states and continue to be in visiting in Canada, or do I need to be working/living in US full-time? You can file from Canada, but you must have an established residency in USA, and you must meet the poverty guidelines I-864P to sponsor him.

    Does my husband need to get his medical exam in the US (specifically the state of my residence) or can he get it done in Canada? He needs to get it done in Canada.

    Also, can he visit the US after we submit his documents and they are being processed? It will be harder for him to enter the USA, since he has immigrant intent.

    One more, can I file ALL the neccesary forms at once (I-485, I-130, G-325A, I-131, I-693, I-765, I-864)? You can not file I-485 for him. He is not in the USA, you need to apply for an Immigrant Visa or a K-3 spousal visa.
    Disclaimer: The information you obtain from me at this forum is not, nor is it intended to be, legal advice. You should consult an attorney for individual advice regarding your own situation.

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    • #3
      Still confused,
      can you tell me exactly what forms I need to file to bring him into the US,
      and what forms he needs to file. I was under the impression that to sponsor your spouse you need forms: I-485,I-130,G-325A I-131,I-693,I-765,I-864.
      Does this change because he is not in the US? Should he enter the US as a visitor and file then?

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      • #4
        NO. He should NOT enter as a visitor and file. That would be a fraud.

        He needs to get a K-3 visa. https://www.immihelp.com/usa-visas/k...n-process.html
        Disclaimer: The information you obtain from me at this forum is not, nor is it intended to be, legal advice. You should consult an attorney for individual advice regarding your own situation.

        Comment


        • #5
          Ok, so he should only file for a K-3 (is that form I-130?), then once he is approved file the I-485? Cant I file everything at once?
          Last edited by sodell; 02-07-2008, 10:21 AM.

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          • #6
            Originally posted by sodell
            Ok, so he should only file for a K-3 (is that form I-130?), then once he is approved file the I-485? Cant I file everything at once?
            Read the link. He can not file I-485, because he is not PHYSICALLY PRESENT in the USA.

            He will have to go through a K-3 or Immigrant Visa petition. (http://immihelp.com/gc/consular/)
            Disclaimer: The information you obtain from me at this forum is not, nor is it intended to be, legal advice. You should consult an attorney for individual advice regarding your own situation.

            Comment


            • #7
              OK Thanks!

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