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  • Adjustment of status or consular precessing?

    July 27th 2012

    Hi,

    My wife is an American citizen born and raised in Nevada and lived there until 2005, when she moved with me in Canada. I'm a Canadian citizen born and raised and lived in Canada all my life. We got married in Canada in 2006 and had a child together that same year. We have been living in Canada since then, my wife has her permanent residency since 2007 and is waiting for her citizenship which papers were filed out 3 months ago.
    We are thinking about moving to Florida. We are planning a trip to Florida in December of this year to see what kind of life we would have there. Should we decide to live there, what is the best way for me (and our son) to get our green cards?

    While I’m in Florida for my vacation and should decide to live there, could I ask for an adjustment of status even though we got married before AND in Canada?

    OR

    Should I come back to Canada after our vacation and go through consular processing while in Canada?

    If I go through consular processing from Canada, will I be able to visit my in-laws in United-States with K-3/K-4 nonimmigrant Visas?
    Does my wife have to be in United-States to sponsor me?

    I'm confused...! Thank you for helping!

  • #2
    You should do consular processing.

    Entering the U.S. to visit with an intention to file green card is not allowed.

    Your wife needs to be in the U.S. to sponsor you.

    If you have valid K3/K4 visa, you can come to U.S. on that and file for adjustment of status after arrival.
    Immihelp Support
    No legal advice. Use at your own risk.

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