Taking Husband to California
Feb 24th 2001, 10:04 pm
#1
Guest
Posts: n/a
Hello there
Let's see, I'm a USC married to a Canadian citizen and am planning on taking him with me
to California to start a new life there. I plan on sending off his I-130 before we leave
Canada, and looking into some immigration attorneys when we arrive in California. What do
I need to get my husband over the border legally as in documents, and how long can he
legally stay in the US with me, like how much time do I have down there to get his
immigration process going?
Let's see, I'm a USC married to a Canadian citizen and am planning on taking him with me
to California to start a new life there. I plan on sending off his I-130 before we leave
Canada, and looking into some immigration attorneys when we arrive in California. What do
I need to get my husband over the border legally as in documents, and how long can he
legally stay in the US with me, like how much time do I have down there to get his
immigration process going?
Feb 25th 2001, 11:31 am
#2
Guest
Posts: n/a
> Let's see, I'm a USC married to a Canadian citizen and am planning on taking him with me
> to California to start a new life there. I plan on sending off his I-130 before we leave
> Canada, and looking into some immigration attorneys when we arrive in California. What
> do I need to get my husband over the border legally as in documents, and how long can he
> legally stay in the US with me, like how much time do I have down there to get his
> immigration process going?
If you already have the intention that your husband is going to immigrate to the US, then
you have to complete the immigration process and wait for his immigrant visa to be issued
before he can come to the US. If he already has the intention of immigrating then he can't
enter the US as a non-immigrant and adjust his status to immigrant later. You can only do
that if the decision to immigrate is made AFTER arrival in the US.
I believe it takes 6-8 months to process your spouse's application.
> to California to start a new life there. I plan on sending off his I-130 before we leave
> Canada, and looking into some immigration attorneys when we arrive in California. What
> do I need to get my husband over the border legally as in documents, and how long can he
> legally stay in the US with me, like how much time do I have down there to get his
> immigration process going?
If you already have the intention that your husband is going to immigrate to the US, then
you have to complete the immigration process and wait for his immigrant visa to be issued
before he can come to the US. If he already has the intention of immigrating then he can't
enter the US as a non-immigrant and adjust his status to immigrant later. You can only do
that if the decision to immigrate is made AFTER arrival in the US.
I believe it takes 6-8 months to process your spouse's application.
Feb 27th 2001, 6:24 pm
#3
Guest
Posts: n/a
Addie wrote:
>
>
>
You can't do that legally, Addie. Your filing Form I-130 signals permanent intent on the
part of your husband. There is no temporary status, other than H, L, and perhaps O and P,
which your husband can then properly use to enter the U.S. He certainly cannot properly
enter in B-2 (visitor for pleasure) status, which is the status that a Canadian holds who
enters the U.S. for a general visit.
A person, even a Canadian, is not supposed to enter the U.S. as a visitor, if the person
intends to stay in the U.S. permanently!!
See http://travel.state.gov/visa;visitors.html. Canadians do not need to get a visa at a
U.S. consular post, but they are supposed to follow the rules about intention.
>
>
>
If you file Form I-130 prior to his entry, the only proper statuses in which he may enter
the U.S. are H, L, O, P, and permanent resident. Maybe one or two others in some
circumstances.
If you and he make a trip to the U.S., with no intent to stay in the U.S., and wait at
least two months (three months is better), then you and he could change your minds, and
you and he could file Forms I-130/I-485 at the INS district office for your residence.
You should be communicating with a good immigration attorney before you leave Canada.
>
>
>
You can't do that legally, Addie. Your filing Form I-130 signals permanent intent on the
part of your husband. There is no temporary status, other than H, L, and perhaps O and P,
which your husband can then properly use to enter the U.S. He certainly cannot properly
enter in B-2 (visitor for pleasure) status, which is the status that a Canadian holds who
enters the U.S. for a general visit.
A person, even a Canadian, is not supposed to enter the U.S. as a visitor, if the person
intends to stay in the U.S. permanently!!
See http://travel.state.gov/visa;visitors.html. Canadians do not need to get a visa at a
U.S. consular post, but they are supposed to follow the rules about intention.
>
>
>
If you file Form I-130 prior to his entry, the only proper statuses in which he may enter
the U.S. are H, L, O, P, and permanent resident. Maybe one or two others in some
circumstances.
If you and he make a trip to the U.S., with no intent to stay in the U.S., and wait at
least two months (three months is better), then you and he could change your minds, and
you and he could file Forms I-130/I-485 at the INS district office for your residence.
You should be communicating with a good immigration attorney before you leave Canada.
