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Pending I130, husband going to US

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Old Apr 3rd 2007, 6:07 am
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Default Pending I130, husband going to US

Hi there,
First of all I would like to say thank you to everyone who posts on this website. It was vital to my husband and I when he immigrated to Canada. So THANK YOU!!!

Now for my question...

My husband and I live in Toronto and we have plans to move to Florida because my husband has been offered work there. We really didnt plan to be going to US so soon after he immigrated to Canada but we can not turn down this opportunity. So we thought the move would happen in the Fall of 2007 so we went ahead and applied for our I130 from here in Toronto. We got our notice of reciept on March 6th, 2007. Here's the issue....it turns out that my husband is needed there sooner than we thought and we are curious what is the best course of action is for us now. Do we change his address to the US and have me keep mine in Canada and I can visit him. OR do we both keep our permanent address in Canada and still file from here.
I just read a post about a woman that was already married when she entered the US on a VWP and then they merely submitted their I130 and I495 and now she has a GC. Is this normal...is it a possibility for me so that I can be with my husband?

Thank you for reading and I appreciate any advice.
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Old Apr 3rd 2007, 6:36 am
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Default Re: Pending I130, husband going to US

Originally Posted by Schmelle
Hi there,
My husband and I live in Toronto and we have plans to move to Florida because my husband has been offered work there. We really didnt plan to be going to US so soon after he immigrated to Canada but we can not turn down this opportunity. So we thought the move would happen in the Fall of 2007 so we went ahead and applied for our I130 from here in Toronto. We got our notice of reciept on March 6th, 2007. Here's the issue....it turns out that my husband is needed there sooner than we thought and we are curious what is the best course of action is for us now. Do we change his address to the US and have me keep mine in Canada and I can visit him. OR do we both keep our permanent address in Canada and still file from here.
You are on the fastest track, your Husband actually needed a US address to file, keeping a Canadian address is no longer relevant, though he has of course one. You can visit him, just be prepared to show ties to Canada if asked.

I just read a post about a woman that was already married when she entered the US on a VWP and then they merely submitted their I130 and I495 and now she has a GC. Is this normal...is it a possibility for me so that I can be with my husband?
Canadians do not use the VWP but you are both similar in that you need to have non immigrant intent when entering, by your own admission you do, and of course you have filed as well.
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Old Apr 3rd 2007, 6:37 am
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Default Re: Pending I130, husband going to US

Originally Posted by Schmelle
Here's the issue....it turns out that my husband is needed there sooner than we thought and we are curious what is the best course of action is for us now. Do we change his address to the US and have me keep mine in Canada and I can visit him. OR do we both keep our permanent address in Canada and still file from here.
If you are doing DCF in Canada, I would still go that route, it's by far the best method for you to enter the USA (you become a PR upon arrival), and I believe it's also quicker than having him start over by filing another I-130 in the USA once he's here.

I just read a post about a woman that was already married when she entered the US on a VWP and then they merely submitted their I130 and I495 and now she has a GC. Is this normal...is it a possibility for me so that I can be with my husband?
No, this wouldn't be the right course of action for you. One shouldn't use the VWP, visitor visa, or cross the Canadian border with the intent to remain in the USA and adjust status to PR. That woman shouldn't have done it....unless she truly had no intent to remain in the USA at the time she entered.

Best Wishes,
Rene
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Old Apr 3rd 2007, 6:47 am
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Default Re: Pending I130, husband going to US

Originally Posted by Schmelle
Hi there,
First of all I would like to say thank you to everyone who posts on this website. It was vital to my husband and I when he immigrated to Canada. So THANK YOU!!!

Now for my question...

My husband and I live in Toronto and we have plans to move to Florida because my husband has been offered work there. We really didnt plan to be going to US so soon after he immigrated to Canada but we can not turn down this opportunity. So we thought the move would happen in the Fall of 2007 so we went ahead and applied for our I130 from here in Toronto. We got our notice of reciept on March 6th, 2007. Here's the issue....it turns out that my husband is needed there sooner than we thought and we are curious what is the best course of action is for us now. Do we change his address to the US and have me keep mine in Canada and I can visit him. OR do we both keep our permanent address in Canada and still file from here.
I just read a post about a woman that was already married when she entered the US on a VWP and then they merely submitted their I130 and I495 and now she has a GC. Is this normal...is it a possibility for me so that I can be with my husband?

Thank you for reading and I appreciate any advice.
Your husband's 'job' WRT immigration is done, as far as being in Canada. He is free to go to the US now that he has filed the I-130.
The remainder of the immigrant visa application process will be on you now, and Montreal will be in touch with you directly about starting your visa application. timelines are pretty long for this backed up Consulate and it doesn't seem out of line to expect this to take another 4+ (maybe ++) months. No one has a clear idea on the locally-filed cases due to some recent changes.

You can visit the US during this time; be prepared to show evidence that you will return to Canada after your visit.

The post you read about the other woman doesn't apply to you; she decided to immigrate after she was already in the US as a visitor. You may not make that same decision before you are in the US.
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Old Apr 3rd 2007, 6:55 am
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Default Re: Pending I130, husband going to US

Originally Posted by meauxna
Your husband's 'job' WRT immigration is done, as far as being in Canada. He is free to go to the US now that he has filed the I-130.
The remainder of the immigrant visa application process will be on you now, and Montreal will be in touch with you directly about starting your visa application. timelines are pretty long for this backed up Consulate and it doesn't seem out of line to expect this to take another 4+ (maybe ++) months. No one has a clear idea on the locally-filed cases due to some recent changes.

You can visit the US during this time; be prepared to show evidence that you will return to Canada after your visit.

The post you read about the other woman doesn't apply to you; she decided to immigrate after she was already in the US as a visitor. You may not make that same decision before you are in the US.
Excuse my ignorance but what is 'WRT" stand for?
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Old Apr 3rd 2007, 6:55 am
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Default Re: Pending I130, husband going to US

Originally Posted by Noorah101
If you are doing DCF in Canada, I would still go that route, it's by far the best method for you to enter the USA (you become a PR upon arrival), and I believe it's also quicker than having him start over by filing another I-130 in the USA once he's here.


No, this wouldn't be the right course of action for you. One shouldn't use the VWP, visitor visa, or cross the Canadian border with the intent to remain in the USA and adjust status to PR. That woman shouldn't have done it....unless she truly had no intent to remain in the USA at the time she entered.

Best Wishes,
Rene
THAT woman didnt .... and she did!!! thanks.
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Old Apr 3rd 2007, 6:58 am
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Default Re: Pending I130, husband going to US

Originally Posted by Deedee13
THAT woman didnt .... and she did!!! thanks.
One more thing....as a canadian can I visit for 90 days or 180 days? I have a lot of flexibility in my job so I can travel.
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Old Apr 3rd 2007, 6:58 am
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Default Re: Pending I130, husband going to US

Originally Posted by Schmelle
Excuse my ignorance but what is 'WRT" stand for?
with regards to

At least you go the same answer put 3 different ways.
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Old Apr 3rd 2007, 6:59 am
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Default Re: Pending I130, husband going to US

Originally Posted by Schmelle
One more thing....as a canadian can I visit for 90 days or 180 days? I have a lot of flexibility in my job so I can travel.
I thought it was 6 months rather than 180 days, you would not want to leave it that tight anyway.
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Old Apr 3rd 2007, 7:15 am
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Default Re: Pending I130, husband going to US

Originally Posted by Boiler
I thought it was 6 months rather than 180 days, you would not want to leave it that tight anyway.
Thanks. Yes...I know...I was just curious what my actual timeframe was legally. I'm guessing that all my appointments...ie medicial, biometrics, tec have to be done in Toronto anyway? Isn't that right?
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Old Apr 3rd 2007, 7:16 am
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Default Re: Pending I130, husband going to US

Originally Posted by Schmelle
Thanks. Yes...I know...I was just curious what my actual timeframe was legally. I'm guessing that all my appointments...ie medicial, biometrics, tec have to be done in Toronto anyway? Isn't that right?
Montreal. All visa processing for you will be in MTL.
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Old Apr 3rd 2007, 7:17 am
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Default Re: Pending I130, husband going to US

Originally Posted by meauxna
Montreal. All visa processing for you will be in MTL.
Once again...thanks...much appreciated.
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Old Apr 3rd 2007, 7:47 am
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Default Re: Pending I130, husband going to US

Originally Posted by Schmelle
Once again...thanks...much appreciated.
Sure. You can find some more people in your same boat here: http://www.visajourney.com/forums/in...p?showforum=82

Look for the Montreal or Canada threads. Note that there are folk ahead of you who are just now getting rescheduled after having their case put on 'pause'. You *might* get an idea of timeline expectations there.

Also, your questions from here have been posted many times at VJ and there are several useful answers, if you want to do some searching/reading.
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