Can I adust status as a Canadian visitor?

cassie
New Member



Joined: 02 Dec 2007
Posts: 2
Location: canada

Posted: Sun Dec 02, 2007 7:19 pm

 

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My husband and I have been married since April 2007. We married in the United States. He petition I-130 and I-129f for me. We thought the K3 visa was best. I returned to Canada and have been visiting the US. Both petitions have been approved now by the USCIS. My I-130 approval notice mention I could now adjust status and contact my local ins office. I'm now visiting my husband can I adjust as a visitor? I don't want to commute anymore.it's winter and the roads are very bad. I know I'm allowed to be a visitor for 6 months as a Canadian citizen. And what do I do about the I-129f that was approved towards the K3? I know it's transferred to the national visa center.

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Reba
Moderator


Canuck in NC

Joined: 16 Jul 2004
Posts: 1145
Location: North Carolina

Posted: Mon Dec 03, 2007 4:04 am

 

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Your I-130 will continue to process for the CR1 visa, and it'll take a few months. You can stay in the US as a visitor for up to 6 months, but you'll have to return to Canada for your immigrant visa interview. When was the I-130 approved and have you received anything else from NVC like the affidavit of support fee letter?

Adjustment of status at this point, even if it were possible, would cost you over $1000.
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Christopher G. Rizzo, Esq
CanuckAbroad VIP



Joined: 17 Oct 2007
Posts: 284
Location: Red Bank, NJ USA

Posted: Mon Dec 03, 2007 6:32 am

 

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When you get the K-3 visa you can enter and immediately file for adjustment of status, a work permit, and advance parole.
Make sure you do not depart the U.S. until you receive advance parole, which takes a few months.
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Christopher G. Rizzo, Esq
Special Counsel
Law Offices of David T. Ferrara, LLC
www.naftalawfirm.com
P: (732) 784-2877
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flames9
Senior Member



Joined: 08 Mar 2007
Posts: 103
Location: Falls Church VA

Posted: Mon Dec 03, 2007 7:07 am

 

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Negative. As a K3 holder, you can come and leave the USA as you wish, one doesnt require advance parole

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Christopher G. Rizzo, Esq
CanuckAbroad VIP



Joined: 17 Oct 2007
Posts: 284
Location: Red Bank, NJ USA

Posted: Mon Dec 03, 2007 7:15 am

 

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You are 1/2 correct, the K-3 does not need AP, but only before the K-3 files for adjustment of status.

The K-3 is a multiple entry visa and the K-3 can depart and re-enter, but, once he or she files for adjustment they need to obtain advance parole or the adjustment application is abandoned.
_________________
Christopher G. Rizzo, Esq
Special Counsel
Law Offices of David T. Ferrara, LLC
www.naftalawfirm.com
P: (732) 784-2877
Email: Crizzo@naftalawfirm.com

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cassie
New Member



Joined: 02 Dec 2007
Posts: 2
Location: canada

Posted: Mon Dec 03, 2007 9:55 am

 

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Can someone answer the question if I could adjust status as a Canadian visitor? Both petitions I-130 and I-129f are approved. The approval notice on the I-130 wanted us to contact my local INS office to adjust status. Please help?

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hknopp33
New Member



Joined: 03 Dec 2007
Posts: 6

Posted: Mon Dec 03, 2007 7:15 pm

 

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I am a Canadian citizen and recently moved back to Canada after living and working abroad married to a us citizen in NYC. Due to the amount of stress I had to move back to Canada March of this year. I left a months prior to my 2 year green card expiring. i did not file an adjustment of status as i was not looking to renew my green card and live in nyc any longer. I need to know if my Canadian passport serves to be enough now to travel to the states or do i need to apply for a special tourist visa now as I abandoned my status as of sept of this year.
Please advise your forum is so helpful I am very concerned about this. Thanks!~

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Reba
Moderator


Canuck in NC

Joined: 16 Jul 2004
Posts: 1145
Location: North Carolina

Posted: Tue Dec 04, 2007 4:20 am

 

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Sorry Chris, you're wrong. K3 is multiple entry until the expiration date on the I-94. Application for adjustment of status has no affect on that. K3 does not need Advance Parole unless the visa expires before they get the green card.

Trust me, I've been there done that, and travelled just fine without AP and with an AOS application submitted.

As to applying for AOS after you already have an approved I-130 that was submitted in conjunction with an I-129F for a K3, no, you cannot apply for adjustment of status within the US, you'll have to just continue the process for the CR1 and interview in Montreal. The letter you're looking at is likely the standard form letter that they don't bother to alter to each situation. Sorry, but you'll just have to return to Canada.

khnopp33, is your husband still living in the US, or is he living in Canada with you?

Canadians do not need tourist visas to visit the US, however if one has a US citizen spouse still living in the US and because you have previously had a green card, you will be scrutinized at the border and may or may not be denied entry. If you have firm ties to Canada, such as a job, a home etc etc etc, then they may let you, but if your husband is still in the US, your ties to the US are considered stronger.
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Are you in the US or Canada? Want to make some extra money? Check out My Watkins website for some awesom products and business opportunity.

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