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Offline missingmyWife  
#1 Posted : Sunday, August 4, 2013 4:32:59 PM(UTC)
missingmyWife

Rank: Newbie

Joined: 8/4/2013(UTC)
Posts: 4
Canada
Location: Living in Dallas, TX

Hi mygcvisa and everyone,

I am new to this forum altho I have been reading Amazon blogs and they have been very informative! Below is my current situation.
My wife: Canadian Citizen living in Quebec, Canada
Myself: Living in Dallas, Texas
Situation: Applied for I-130 in December and have PD of December 20, 2012 and in "Initial Review" right now.

I understand the August visa bulletin for F2A category is indicating that it is current which allows the beneficiary to apply for I-485 but only if they are residing in the United States.

My question is can my wife come to the United States and apply for the I-485? I know she can't leave the United States while applying for I-485. If yes, how long can she stay in the United States and if it approaches the visitor limit, can she get it extended?

Thanks in advance for the answers!!!
Offline Amazon  
#2 Posted : Tuesday, August 6, 2013 2:48:39 PM(UTC)
Amazon

Rank: Senior Member

Joined: 5/31/2013(UTC)
Posts: 591

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Yes, some people are doing that. They arrive in US just to file I485 application.

She can stay in US as long as visa is valid. If she applied for EAD/AP card with I-485 application, they she can stay as long as that card is valid.

A quick note: Most visas are not dual intent. This means that US embassy would not issue visitor visa unless they plan to return back to home country. If people use visitor visa to arrive in US and file I-485, it means they have intent to immigrate. This can be considered as fraud.

Safest thing to do is to let US embassy know at the time of applying for visitor visa that you are planning to file I485 application. They may (or may not) issue visa. In addition there could be few issue with adjusting status when person is in visitor visa. Please see this link:

http://www.peerallylaw.com/en/content/view/562/
Please remember to add your case to the GC tracker: http://www.mygcvisa.com/tracker
Offline missingmyWife  
#3 Posted : Tuesday, August 6, 2013 6:01:28 PM(UTC)
missingmyWife

Rank: Newbie

Joined: 8/4/2013(UTC)
Posts: 4
Canada
Location: Living in Dallas, TX

Thanks so much for the reply Amazon! That's great to hear its possible.
I want to make sure I understand the I-485. If the visa bulletin for F2A category isn't current anymore and we haven't applied for the I-485 or it hasn't been processed, does that mean were too late and need to continue going through the consular process?
Offline Amazon  
#4 Posted : Tuesday, August 6, 2013 10:38:07 PM(UTC)
Amazon

Rank: Senior Member

Joined: 5/31/2013(UTC)
Posts: 591

Thanks: 2 times
Was thanked: 96 time(s) in 78 post(s)
If you are outside US, USCIS only allows consular processing.

If you are inside US, USCIS allows either I-485 or consular processing.

If you have also applied I485, do not leave country unless you have AP card (else USCIS may consider the I485 as been abandoned).

If you have not applied for I485, you can apply anytime PD is current (and applicant is inside US).
Please remember to add your case to the GC tracker: http://www.mygcvisa.com/tracker
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