hollyall2003

I am a Canadian citizen, and have been working in USA for the past 7
years.
I have obtained my green cards for just over 4 years now. I will
fullfilled 5 years by Jan2006. I married two years ago, my wife is
carrying the Hong Kong passport, and I have sponsor her for Canadian
permanent resident because it is easier and quicker compare to apply
for US green card. Currently, she is still using her traveling visa
with her Canadian PR card & her HK British passport to stay in USA.
What can be the best procedure for me to sponsor her for US green card?
When would be the best time for me to apply the US citizenship? In
addition, can I apply her green card at the same time when I apply the
US citizenship, would it help?
Currently, I have obtained her I-94 extension till Jun15, 2005.

Rete

You are not eligible to apply for US naturalization until 90 days prior to the 5th anniversary of your residency status. You can, of course, apply for your wife's residency now but she would be placed under the quota system until her number is current. That would only change after you have become a US citizen and notify the Service Center of your change of status.

I replied to your other post on this forum and ask that you disregard the suggestion to visit alt.visa.us.marriage-based as you do not qualify as our knowledge is currently based on visas for spouses of US citizens.

Rete

hollyall2003

Rete,

Thanks for the information. In the other word, I can file the I-485
for my wife now, and I will file the naturization form by October,
2005. After I become citizen, how do I contact the service center of
my status change??? So, am I file another I-485 for my wife to change
status??? My current concern at this point is can she stay after I
file the I-485? or does she need to fly back to Canada by Jun15? Or
can I file the travel document for her as well?
Thanks for your info.

Dennis

Rete

No you cannot file an I-485 for your wife. You would file the I-130 for your wife. The I-485 is her petition to file not yours.

She cannot file anything until the I-130 is approved.

If she stays, she stays under your Tn-1 visa (TN-2) with no rights to work, etc.

Rete

Rete

Correction please:

You are not here on a TN-1 but an green card. My first response is correct. If she stays past her visa she will be staying here illegal. Filing the I-130 does not give her the right to to reside in the US while the I-130 is pending.

Rete

hollyall2003

I do understand about the no working part, and she is not working.

As my understanding about the I-130 form, it is the form to establish
the relationship to my wife who wish to immigrate to US. Pretty much
this is the first step to go, right?

Sorry about all the questions, I just try to understand procedures. I
also heard
from some web site that we should file both I-130, I-485, & I-131
concurrently.

Is it correct? I am reading the instruction, of the I-130 form, it has
a note:

"If the I-130 petition is being filed concurrently with the Form I-485,
application
to register PR or to adjust status, SUBMIT BOTH FORMS at the local INS
office
having jurisdiction over the place where the I-485 applicant resides."

So, can we submit both?

And meanwhile, because I am still a LPR the I-130 may not be approved
in
a short while, can she still travel to US?

What will happen after I become citizen (by the end of 2006), and if
her
I-130 still not approved by that time. How do I inform INS about I am
a
citizen now, in order to speed up process?
Thanks for all of your input.

Sylvia Ottemoeller

<[email protected]> wrote in message
news:[email protected] oups.com...

    > I do understand about the no working part, and she is not working.
    > As my understanding about the I-130 form, it is the form to establish
    > the relationship to my wife who wish to immigrate to US. Pretty much
    > this is the first step to go, right?

Yes, it is the first step. If you were a U.S. citizenship, the I-130 could
be filed simultaneously with the I-485, because the I-130 would request
classification of your wife as an "immediate relative," a category which is
not numerically limited and has no wait for the quota of visa numbers.
Thus, a visa number is immediate available.

Simultaneous filing of I-130 and I-485 is only permissible when a visa
number is available.

Your I-130 presumably requested classification of your wife in the category
"Family 2A," spouse or child of a U.S. permanent resident. The wait for the
quota on this is over 4 and one half years. See
http://travel.state.gov/visa/frvi/bu...etin_1343.html. If you were
never to become a U.S. citizen you would wait until a visa was available,
and then she could file Form I-485 if she were lawfully in the U.S. in an
appropriate temporary status.

    > Sorry about all the questions, I just try to understand procedures. I
also heard
    > from some web site that we should file both I-130, I-485, & I-131
concurrently.
    > Is it correct?

Only when the petitioner is a U.S. citizen.

I am reading the instruction, of the I-130 form, it has a note:
    > "If the I-130 petition is being filed concurrently with the Form I-485,
application
    > to register PR or to adjust status, SUBMIT BOTH FORMS at the local INS
office
    > having jurisdiction over the place where the I-485 applicant resides."
    > So, can we submit both?

Not right now.

    > And meanwhile, because I am still a LPR the I-130 may not be approved in
    > a short while, can she still travel to US?

Her ability to leave and re-enter the U.S. is not assured. She should
always tell the truth, of ourse, at the port of entry. If an officer finds
out she is coming to visit her spouse and she has an I-130 pending (even if
a visa is not immediately available), she may be refused entry.

    > What will happen after I become citizen (by the end of 2006), and if her
    > I-130 still not approved by that time. How do I inform INS about I am a
    > citizen now, in order to speed up process?

You would write to USCIS to notify it of this fact. This is not always the
most reliable process in the world.

Rete

And note the I-485 cannot be filed at the same time as the I-130 if she is not living inside of the US.