QUESTION

Do I need to be in the USA for my husband to file my I-130?

Asked on Aug 29th, 2013 on Immigration - New York
More details to this question:
I have recently married on Aug 23rd, 2013. My husband currently lives in the USA and I live in Canada.
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8 ANSWERS

Rebecca T White
No, but you do need to plan carefully when it is filed depending upon your plans and needs over the next few months.
Answered on Aug 30th, 2013 at 6:18 PM

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Immigration Attorney serving Madison, WI at Wren & Gateways Law Group, LLC
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No, you do not need to be in the US for him to file the I-130. In fact, you should discuss your particular situation with an immigration lawyer if you decide to enter the US and have the papers filed while you're here, since entering on most temporary statuses with the intent to stay permanently can result in very serious problems.
Answered on Aug 30th, 2013 at 5:38 AM

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No, you do not need to be in the United States for your husband to file the I-130 petition.
Answered on Aug 29th, 2013 at 2:20 PM

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Immigration and Naturalization Services Attorney serving Houston, TX at Nossa Law Office, P.C.
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No, you do not need to be in the US.
Answered on Aug 29th, 2013 at 2:18 PM

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You do not need to be in the U.S. for your husband to file an I-130 petition.
Answered on Aug 29th, 2013 at 1:57 PM

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Immigration Attorney serving Downey, CA at Herrera & Juelle LLP
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No. The I-130 is the first step toward receiving your lawful permanent residency. It can be filed whether you are in the US or in Canada. You should consider your timing in moving to the US, as it may be faster to file for Adjustment of Status in the US.
Answered on Aug 29th, 2013 at 1:03 PM

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No. You can do consulate processing in Canada.
Answered on Aug 29th, 2013 at 12:22 PM

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Immigration Law Attorney serving New York, NY at Law Office of David Molot
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No your Husband may file Form I-130, and you can obtain all the necessary documents for travel at your local US Embassy in Canada.
Answered on Aug 29th, 2013 at 12:18 PM

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