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Topic1 American Male marrying a Canadian Female... but she had no visa, questions to proceed.

American Male marrying a Canadian Female... but she had no visa, questions to proceed.

I have been on this message board for a while looking at the stories of people, and I have pieced together what we are going through on different peoples post and subsequent replies. That being said, I have a couple of questions.

A little background...She came across from Canada after Christmas, and she has been here ever since then. We were married in GA, March 25, 2011. The forms we have filled out so far are:

(1) I-130, Petition for Alien Relative
(1) I-485, Application to Register Permanent Residence or Adjust Status
(1) I-765, Application for Employment Authorization
(1) I-131, Application for Travel Document
(1) I-864, Affidavit of Support Under Section 213A of the Act
(1) I-134, Affidavit of Support
(1) I-693, Report of Medical Examination and Vaccination Record
(3) G-325A, Biographic Information (Two for her, One for Me)

There is a copy of birth certicates for her and I, a copy of our marriage certicate, copy of my tax return from last year, a pay offer sheet from my new job, and about 6 passport photos.

This is all being sent to the lockbox in Chicago, before the end of next week.

First, did I remember everything.
Secondly, if she MUST leave to go back home (family member is very sick) what happens, do we have to re-file and pay again?
Thirdly, I am concerned about the fact that she didnt have a visa when she came over last time. We drove across for Canada and took a plane from Syracuse, they asked her dad most of the questions, but never asked her anything.
Fouth, upon receiving which document, when she able to freely travel back and forth from Canada to the US?
Lastly, we plan of having a wedding in Canada in August, are we asking too much if we mail the paperwork out next week?

I know it is a lot to read, but I tried not to leave out any details, because from what I have read it is all in the details when it come to immigration.

I have been on this message board for a while looking at the stories of people, and I have pieced together what we are going through on different peoples post and subsequent replies. That being said, I have a couple of questions.

A little background...She came across from Canada after Christmas, and she has been here ever since then. We were married in GA, March 25, 2011. The forms we have filled out so far are:

(1) I-130, Petition for Alien Relative
(1) I-485, Application to Register Permanent Residence or Adjust Status
(1) I-765, Application for Employment Authorization
(1) I-131, Application for Travel Document
(1) I-864, Affidavit of Support Under Section 213A of the Act
(1) I-134, Affidavit of Support
(1) I-693, Report of Medical Examination and Vaccination Record
(3) G-325A, Biographic Information (Two for her, One for Me)

There is a copy of birth certicates for her and I, a copy of our marriage certicate, copy of my tax return from last year, a pay offer sheet from my new job, and about 6 passport photos.

This is all being sent to the lockbox in Chicago, before the end of next week.

First, did I remember everything.
Secondly, if she MUST leave to go back home (family member is very sick) what happens, do we have to re-file and pay again?
Thirdly, I am concerned about the fact that she didnt have a visa when she came over last time. We drove across for Canada and took a plane from Syracuse, they asked her dad most of the questions, but never asked her anything.
Fouth, upon receiving which document, when she able to freely travel back and forth from Canada to the US?
Lastly, we plan of having a wedding in Canada in August, are we asking too much if we mail the paperwork out next week?

I know it is a lot to read, but I tried not to leave out any details, because from what I have read it is all in the details when it come to immigration. 1. I think you have covered almost all of it. You might also need to send yours and her passport copy. I am not sure that if marrying in visa waiver is acceptable with USCIS. Some experienced folks here might be able to answer that.

2. Yes if she leaves before receiving her Advance Parole card, it will be considered as abandonment of the application.

3. Not sure

4. She can travel after receiving her AP card, but that does not guarantee her re-entry.

5. August is plenty time to get the process complete. usually takes 4-6 months. Can you provide your location so that we know which ASC and DO it will be?

USCIS Application Support Center 1255 Collier Road, Suite 100 Atlanta, GA 30318
Atlanta Field Office.
This office is located at: 2150 Parklake Drive Atlanta, Georgia 30345

In the travel document should she file for:

a. I am a permenant resident or conditional resident of the United States, and I am applying for a reentry permit.

or

d. I am a applying for an advance parole document to allow me to return to the United States after temporary foreign travel.


I assumed since we are sending all the forms together that it would be a and not d.

USCIS Application Support Center 1255 Collier Road, Suite 100 Atlanta, GA 30318
Atlanta Field Office.
This office is located at: 2150 Parklake Drive Atlanta, Georgia 30345

In the travel document should she file for:

a. I am a permenant resident or conditional resident of the United States, and I am applying for a reentry permit.

or

d. I am a applying for an advance parole document to allow me to return to the United States after temporary foreign travel.


I assumed since we are sending all the forms together that it would be a and not d. It should be d. I am a applying for an advance parole document to allow me to return to the United States after temporary foreign travel. since she is not a permanent resident yet. Option a is for people who are permanent residents and intend to stay outside the USA for a longer period of time (I think more than 1 year and less than 2).

From what it looks like, your DO will be Atlanta. There is a thread already with folks from Atlanta DO tracking their case progress. That should give you an indication about the average processing time in Atlanta.

Here is is: http://forums.immigration.com/showth...GAI485Timeline

 
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